Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 27 November 2012

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                             27 November 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 27 November 2012 at 6pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 23 October 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

 

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

 

 

CP84/12    151-191R Beach Street, Coogee (DA/210/2012) (Deferred)

CP85/12    29 Bay Parade, Malabar (DA/37/2007/F)

CP86/12    491 Bunnerong Road, Matraville (DA/907/2009/B)

CP87/12    323 Malabar Road, Maroubra (DA/490/2012)

CP88/12    42-44 Eurimbla Avenue, Randwick (DA/609/2012)

CP89/12    6 Alma Road, Maroubra (DA/596/2012)

CP90/12    5 Albert Street, Randwick (DA/354/2012)

CP91/12    38 Prince Edward Street, Malabar (DA/536/2012)

CP92/12    JRPP - 57-63 St Pauls Street, Randwick (DA/493/2012)

CP93/12    JRPP - 330 Anzac Parade, Kensington (DA/748/2011/A)

CP94/12    JRPP - 215 Anzac Parade, Kensington (DA/633/2012)

CP95/12    1-3 Jenner Street, Little Bay - Voluntary Planning Agreement

CP96/12    Draft Randwick Comprehensive Development Control Plan (DCP)

 

Director City Planning Reports (record of voting NOT required)

 

CP97/12    Joint Regional Planning Panel (JRPP) - Recent changes to Operational Procedures, Code of Conduct and Complaints Handling Policy

CP98/12    Using stormwater runoff from new developments to recharge aquifers

General Manager's Reports

GM31/12    Equal Opportunity Policy and Review 2011-12

GM32/12    Continuation of Community Partnership with South Sydney Football Club

GM34/12    Review of the 2012-13 Annual Operational Plan - September Quarterly Report

GM35/12    State of the City Report 2012

GM36/12    The Randwick City Plan 2012

Director City Services Report

CS15/12    National Monument for Fallen Life Savers

Director Governance & Financial Services Reports

GF56/12    Quarterly Budget Review - September 2012

GF57/12    Investment Report - October 2012

GF58/12    Arrangements During Christmas/New Year Period for Decision Making and Schedule of Meetings for 2013

GF59/12    Affixing of the Council Seal to Subdivision Plans - UNSW, 330 Anzac Parade, Kingsford  

Petitions

Motion Pursuant to Notice

NM66/12    Motion Pursuant to Notice from Cr Stavrinos - Establishment of a Council Adjudication Panel - Infringement Notices

NM67/12    Motion Pursuant to Notice from Cr Matson - Feasibility Study for a light rail extension to Maroubra Junction

NM68/12    Motion Pursuant to Notice from Cr Matson - Financial support for new electronic gate and internal fence at Killara Women's Refuge

NM69/12    Motion Pursuant to Notice from Cr Matson - Addressing parking shortage in Oswald Street, Randwick

NM70/12    Motion Pursuant to Notice from Cr Garcia - Establishment of Australian Honours Awards Committee

NM71/12    Motion Pursuant to Notice from Cr Garcia - Gordon's Bay - Water Quality

NM72/12    Motion Pursuant to Notice from Cr Stavrinos - UNSW Student Parking at Australian Turf Club

NM73/12    Motion Pursuant to Notice from Cr Stavrinos - Public Hearing - Inglis/Newmarket Site Planning Proposal

NM74/12    Motion Pursuant to Notice from Cr Matson - Northern Malabar Bay storm water pipe

NM75/12    Motion Pursuant to Notice from Cr Andrews - Request for financial assistance from South Coogee Bowling Club  

Closed Session

 

Director City Services Report  (record of voting required)

 

CS16/12    T05/12 Stormwater Relining – Doncaster Avenue, Kensington, Carlton Street to Goodwood Street

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

 

Director City Planning Report (record of voting NOT required)

 

CP99/12    Proposed Sculpture Monument by Ms Eileen Slarke at Little Bay

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

  

Notice of Rescission Motions

NR7/12      Rescission Motion submitted by Crs Neilson, Matson & Shurey - 34 Carrington Road, Randwick (DA/407/2012)

NR8/12      Rescission Motion submitted by Crs Andrews, Belleli & Roberts - 2 Goodwood St, Kensington (DA/195/2012)  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP84/12

 

 

Subject:                  151-191R Beach Street, Coogee (DA/210/2012)

Folder No:                   DA/210/2012

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The application is for construction of new bin enclosure at Coogee Surf Life Saving Club (SLSC) designed to house six (6) x 240 litre waste bins. The original location of the bin enclosure, located in a planter area, adjacent to the pathway immediately southwest of the life saving club was considered unsuitable. The reason for this was that it partially obstructed the pathway, due to the gates of the enclosure swinging outwards towards the pedestrian walkway, which forms part of the eastern beaches coastal walk. The bin enclosure was subsequently relocated to the north-western portion of the existing car park which was considered acceptable.

 

At the Council Meeting held on 9 October 2012 a representative from the Coogee Surf Life Saving Club requested that the enclosure be relocated and that a site inspection occur.  At the meeting it was resolved:

 

(Andrews/Garcia) that the application be deferred to enable a site inspection by interested Councillors.

 

The site inspection was held on 8 November 2012. In attendance was Clr Bowen, Clr Matson, the General Manger and representatives from the Coogee Surf Life Saving Club. An alternative location for the enclosure was discussed and it was considered that it would be appropriate to relocate it to the south western edge of the car park and close to the driveway entrance to the car park near Beach Street.

 

Issues

 

The relocation of the bin enclosure is considered acceptable as it will be situated away from the coastal walkway and screened within a landscape setting. Whilst, the new position will be closer to the neighbouring residential properties, there is still sufficient separation so as not to result in any significant noise or amenity impacts associated with its use.  As noted in the attached Development Application report, the SLSC at present uses four bins. Given only two additional bins are proposed, the noise associated with the collection of an additional two bins, twice a week is considered to be negligible. The collection point of the bins will be maintained, that is to the corner of Beach and Carr Streets on collection nights.

 

The proposed location of the bin enclosure will necessitate the deletion of the car space that is currently situated in that location as it will conflict with the use of the enclosure. A suitable condition is included in the recommendation to this effect.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse Community.

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

 

Financial Impact Statement

 

The estimated cost of the bin enclosure is $7,000.

 

Conclusion

 

The proposed location of the bin enclosure will not result in any significant additional adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/210/2012 for Construction of new bin enclosure at Coogee Surf Life Saving Club to the turning bay of the adjacent car park at No. 151 – 191R Beach Street, Coogee, 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 amended plans numbered Drawing -01, 02, 03 and 04 dated 06/07/2012 and received by Council on the 9 November 2012, the application form and on any supporting information received with the application, except as may be amended  by the following conditions.

 

2.       The existing car space directly in front of the proposed bin enclosure shall be deleted from the plans and shall not be used for car parking as it will conflict with the use of the bin enclosure.

 

Operational

3.       In the event that the bins provided reach capacity prior to the regular collection times, additional rubbish generated by caterers or the club shall be taken off site for appropriate disposal.

 

4.       The bin enclosure shall be kept clean and tidy and the gates locked at all times.

 

5.       The floor (base) of the structure shall be designed to meet Randwick Council’s design requirements for bin enclosures.

 

Landscaping

6.       Suitable landscape planting shall be provided to the elevations of the structure to screen the bin enclosure. Such landscaping shall:

a)  not grow more than 1.2m in height, and

b)  wrap around the enclosure to extend at least 0.5m; and

c)  be provided within the existing landscaped/turfed area and be approved by Councils Landscape Officer.

 

The landscaping shall be provided upon completion of the works.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

Construction Site Management Plan

10.     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.

 

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

11.     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

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

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, 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

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

 

Public Safety & Site Management

15.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

 

Occupation Certificate Requirements

16.     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.

 

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

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

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

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

 

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

 

A5      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A6      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

 

Attachment/s:

 

1.View

DCP Report of 09 October 2012

 

 

 

 


DCP Report of 09 October 2012

Attachment 1

 

 

 

Director City Planning Report No. CP62/12

 

 

Subject:                  151 - 191R Beach Street, Coogee (DA/210/2012)

Folder No:                   DA/210/2012

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Construction of new bin enclosure at Coogee Surf Life Saving Club to the turning bay of the adjacent car park.

Ward:                      East Ward

Applicant:                Randwick City Council

Owner:                         Department of Primary Industries

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

Council has submitted a development application which seeks consent for the construction of a bin enclosure which is designed to house six (6) x 240 litre waste bins at the Coogee Surf Life Saving Club. As Council is the applicant, the application has been assessed by an external planning consultant and reported to Council.

 

Upgrade works have recently been completed at the Club under Council’s Building for our Community program. Part of these works included a new entry to the Beach Street elevation of the building.

 

As a result of the new entry to the Club, the existing waste storage area was made redundant. On this basis a development application for a new bin enclosure has been lodged.

 

The original location of the bin enclosure, located in a planter area, adjacent to the pathway immediately southwest of the life saving club was considered unsuitable. The reason for this was that it partially obstructed the pathway, due to the gates of the enclosure swinging outwards towards the pedestrian walkway, which forms part of the eastern beaches coastal walk.

 

In addition, it was considered that the bin enclosure compromised the aesthetic character of the locality, as the enclosure cannot be adequately screened from public view and would have been a prominent element along the eastern beaches coastal walk.

 

To address the above concerns, the bin enclosure was relocated to its current position, within the north-western portion of the existing car park. This location is considered acceptable and is supported.

 

2.    The Proposal

 

The development application before Council is for a bin enclosure which is designed to house six (6) x 240 litre waste bins as required by the Club. The enclosure measures 4.6m in length, 950mm in width and has an overall height of 1.5m. This represents an area of 4.37m2.

 

The structure is proposed to be located in the north-western portion of the car park, within the leased area of the Club. This new location was considered more appropriate in that it resolved the issues relating to the original location.

 

The construction of the bin enclosure utilises the existing car park asphalt as a base for the structure, which backs onto the existing kerb in this part of the car park area. The remainder of the enclosure will consist of metal palisade fencing. Three gates are proposed, which swing outwards, accessed from the front of the structure.

 

The bin enclosure will have a lockable gate system for exclusive use by the Surf Life Saving Club. On garbage collection days, the bins will be taken from the enclosure the Beach Street frontage, towards the Carr Street end for collection and returned by staff on the same day of collections. Collections will occur on a twice weekly cycle.

 

There will be no loss of car parking spaces as a result of the proposed bin enclosure because the area in which the structure is to be located does not contain any car spaces. The turning bay, where the bin enclosure is proposed is of a sufficient size to accommodate the proposed structure and accommodate on-site vehicle manoeuvring.

 

Despite two other locations being considered within the leased area, they were initially deemed unsuitable for the following reasons:

Ocean side terrace: this location required bins to be carried up and down a flight of steps and considered not suitable for occupational health and safety reasons.

 

Car park: a new bin enclosure is likely to compromise safe manoeuvrability of traffic in this area. In addition, an enclosure would also impinge on driver sight lines, affecting pedestrian safety. This new location is not the original location ad noted above.

 

Due to the concerns raised with the original location of the bin enclosure, Council undertook a review of the enclosure’s original location. As a consequence, the car parking area immediately outside the Surf Life Saving Club was revisited, resulting in the current alternate location which will not impede traffic manoeuvring or driver sight lines within the car park.

 

There is no vegetation which will be affected by the proposed bin enclosure.

 

As the construction of the bin enclosure utilises the existing car park asphalt as a base, a condition of consent has been imposed requiring that the base of the structure meet any relevant waste management requirements for its design and construction.

 

3.    The Subject Site and Surrounding Area

 

Figure 1 – Aerial photo of subject site and surrounds

 

The subject site is located on land leased by the Coogee Surf Living Saving Club (SLSC). This building has cultural significance as the home of the SLSC is one of the oldest in Australia. Founded in 1907, the Coogee SLSC is a foundation member of the surf lifesaving movement in Australia. The Coogee SLSC clubhouse sits at the southern end of Coogee beach.

 

To the east of the Club lies the South Pacific Ocean, whereas to the north is Coogee beach.

 

Grant Reserve immediately surrounds the site to the south and west. Grant Reserve comprises of a series of recreational spaces separated by banks of planting. Located at the southern end of the reserve is the children's playground.

 

Across Beach Street to the west, facing the Coogee SLSC is a series of three storey residential flat building developments. The immediate area beyond Beach Street comprises of residential flat buildings of a similar or higher density.

 

The area in which the bin enclosure is to be located is in the north-western portion of the car park, across from the footpath which forms part of the Eastern Beaches Coastal Walk, within the leased area of the Club.

 

4.    Site History

 

There are several parcels which make up Grant Reserve. A search of Councils records indicates the following applications which are applicable to the subject allotment of land where the bin enclosure is proposed:

 

1.   DA/ 230/1986 – was submitted to Council seeking consent to erect a bandstand & viewing platform. This application was approved by Council on 22 October 1986.

 

2.   DA/283/2003 - proposed an upgrade of the ladies bath involving construction of a catch drain, reconstruction & re-paving of northern stairs, creation of larger grassed areas, relocation and addition of seats, increase in the height of privacy wall, extended fencing and other related miscellaneous repairs. This application was approved by Council on 10 June 2003.

 

3.   DA/388/2007 – sought consent from Council for the construction of shade structures to the playground situated in Grant Reserve.  This development application was approved on 14 August 2007.

 

It should be noted that the bin enclosure will relate to the Surf Life Saving Club which is located on an adjacent allotment of land. The bin enclosure and the car park is exclusively used by the Club, adjoins the club building and thus is not isolated.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification of Development Application and Council Plans on two occasions, initially when the original proposal was lodged with Council, and again on a second occasion when the amended plans were submitted.

 

The application was advertised in the local newspaper on 10 April 2012.  As a result of the application being amended, the proposal was again advertised in the local newspaper on 25 July 2012.

 

5.1 Objections

The First notification period (10 April 2012 to 26 April 2012). Note that the comments provided below reflect the current plans, not the original proposal although the comments made reflect the changes as currently before Council.

 

1.     4/138 Beach Street, Coogee (two duplicate submissions)

2.     3/140 Beach Street, Coogee

3.     6/140 Beach Street, Coogee

 

The issues raised in the submission are addressed as follows:

 

Issue

Comment

Consideration to a reduction in the size of the bin enclosure to cater for a maximum of four bins

 

At present, four bins are used by the SLSC. Due to the recent upgrade works, additional bin storage is required as four bins are not considered adequate.

The enclosure is likely to attract additional rubbish to the area

 

The bins to be housed within the enclosure will not be available for public use. The gates to the structure will be locked by the Coogee SLSC and therefore will not attract additional rubbish to the area.

That caterers whom operate from the Coogee SLSC should take their rubbish with them

It is noted by the residents that at times of private functions that the amount of rubbish is increased. To manage this situation, although the additional bins would assist, as a safeguard an additional condition is recommended that requires caterers or the Club to have the rubbish removed should the bins reach capacity before the next collection.

 

On this basis, a condition of consent has been imposed as follows:

 

“In the event that the bins provided reach capacity, additional rubbish generated by caterers or the club shall be taken off site for appropriate disposal.”

 

The above condition will ensure that the bin collection area will not overflow and any surplus rubbish is either taken off site or stored in the clubhouse for alternate collection.

Increase noise on bin collection nights

As noted in this report, the SLSC at present uses four bins. Given only two additional bins are proposed by this application, the noise associated with the collection of an additional two bins, twice a week is considered to be negligible.

 

The collection of the bins will be maintained, that is to the corner of Beach and Carr Streets on collection nights.

Loss of vegetation

The amended plans do not require the removal of any existing trees or plantings. In fact we are increasing the landscaping as part of this application.

 

Second notification period, (25July 2012 to 8 August 2012)

 

1.  Laing and Simmons, Randwick on behalf of the owners of 3/138 Beach Street, Coogee; and

2.  4/138 Beach Street, Coogee

 

The issues raised in the submission are addressed as follows:

 

Issue

Comment

Due to the proposed enclosure being located opposite both of the objectors front bedrooms along Beach Street, concern is raised with noise from the emptying of bins in the early morning if the bins are emptied from the area where the proposed bin enclosure is to be located.

As noted in this report, the SLSC at present uses four bins. Given only two additional bins are proposed by this application, the noise associated with the collection of an additional two bins is considered to be negligible.

 

Notwithstanding the above , Councils Co-ordinator Buildings for our Community has confirmed that the bins will be wheeled to the corner of Carr and Beach Streets on collection nights, which is the current practice for the existing bins.

 

Those persons whom made a submission noted that if the bins are wheeled to the corner of Carr and Beach Streets on collection nights then they are satisfied.

Concern raised with the number of bins provided, as 6 is too many, and 3 bins is preferable.

At present, four bins are used by the SLSC. Due to the recent upgrade works, additional bin storage is required and is considered adequate. The bins are appropriately screened with conditions imposed to ensure provision for new landscaping around the enclosure.

Suggest alternate location north of the fire hydrant so the access to the hydrant is not impeded and will not result in conflict within the car parking area.

The location of the bin enclosure will not impede access to the fire hydrant, or result in conflict for vehicles manoeuvring within the car park area. Access to the hydrant is off the street/footpath while access to the bins is within the car park. Therefore there is no conflict.

 

Careful consideration was also given to the proposed location to avoid vehicle conflict in the car park area. The turning bay is of a sufficient size to accommodate the proposed structure and accommodate on-site vehicle manoeuvring.

 

 

5.2 Support

There was no submission to Council in support of the application.

 

It was noted that in one of the submissions received that if the bins are wheeled to the corner of Carr and Beach Streets on collection nights then the noise will be of a sufficient distance to not hear the noise.

 

6.    Technical Officers Comments

 

The application has not been referred to technical officers for comment.

 

7.    Master Planning Requirements

 

None.

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 6A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

The objectives of Zone No 6A are:

 

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

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

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

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

(e)    to enable the sustainable management of the land.

 

In response to the objectives noted above, the subject site has been identified as land for the use of recreational purposes. The use of the land promotes the enjoyment of open space. On this basis the proposed bin enclosure directly relates to the use of the land in association with the Club, which provides a positive recreational use.

 

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

 

Clause 29, Foreshore scenic protection area

The consent of Council is required to erect a building within the foreshore scenic protection, and consent may only be granted after consideration has been given to the aesthetic appearance of the proposal in relation to the foreshore.

 

There is no objection to the new bin enclosure structure in that the structure will be within the context of a car park and service area. Notwithstanding, it is considered the foreshore and the aesthetic value of Grant Reserve and the surrounding coast will not be compromised due to the location of the structure between the car park and Coogee SLSC. Additional landscaping recommended will screen the enclosure within a landscape setting.

 

Clause 38, Development in open spaces

When determining an application for consent to carryout development on land within a 6A zone the Council must consider the need for the proposed development on that land, whether the proposed development promotes or is related to the use and enjoyment of open space, the impact of the proposed development on the existing or likely future use and character of the land and the need to retain the land for it’s existing or likely future use.

 

The purpose of this clause is to establish criteria for the assessment of applications for development in open space zones and provide for greater flexibility in the development of open space areas for recreation and leisure activities especially where there is an adopted plan of management.

 

The proposed installation of bin enclosure structures satisfies the objectives of this clause of the LEP in that in that it relates directly to the Club which is used and enjoyed within the surrounding open space.

 


Clause 43 Heritage Conservation

Under Clause 43, development consent is required for works on land which a heritage item is located. Referring to location map under Section 3 of this report, and the below map extract from Randwick LEP, it is noted that the subject site is not a heritage item.

Figure 2 – Randwick LEP map extract (not to scale)

 

The bin location is however within the vicinity of heritage items. However given the scale and size of the proposed structure, within a proposed landscaped setting, there will be no impact on surrounding items.

 

8.1 Policy Controls

 

a.    Development Control Plans

There are no applicable development control plans which relate to the proposed development.

 

8.2 Council Policies

There are no applicable Council policies which relate to the proposed development.

 

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 6A 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 development is related to the use and enjoyment of open space enhance.

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

Draft Randwick LEP 2012 applies – refer to relevant section in this report.

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

Not applicable. – there are no relevant provisions of the DCP’s which apply to the proposed development.

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 character in the locality due to its location within a car park and service area. The proposal is not considered to result in any detrimental social or economic impacts on the locality and the bin enclosure has been located to minimise any visual impacts.

 

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

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

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

 

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

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

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

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

RE1 – Public Recreation

 

Is development permitted under zoning?

The proposed development is permissible with the consent of Council in the subject zone

The development is defined as a ‘community facility’

 

A community facility is permitted in the zone subject to the consent of Council.

 

Yes

Floor Space Ratio (Maximum)

Not applicable

Not applicable

N/A

Height of Building (Maximum)

Not applicable

Not applicable

N/A

Lot Size (Minimum)

Not applicable

Not applicable

N/A

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

The subject site does not contain a heritage item however it is within proximity to  the following items:

 

1.(McIver Women’sBaths) which is located approximately 135 metres away from the proposed works.

 

2. The building located on the southwest corner of Beach and Carr Street (Grand Pacific Hotel),  some 20 metres away, across the road from the proposed works.

 

3.  The Ross Jones Memorial Pool located at the Carr Street end of Coogee Beach which is also some 20m away from the proposed enclosure.

Refer to discussion under RLEP 1998.

Yes

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse Community.

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

Financial Impact Statement

 

The estimated cost of the bin enclosure is $7,000.

 

Conclusion

 

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

 

It is therefore recommended that Council as the consent authority grants development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.210/2012 for Construction of new bin enclosure at Coogee Surf Life Saving Club at 151-191R Beach Street Coogee subject to the following conditions:

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/210/2012 for Construction of new bin enclosure at Coogee Surf Life Saving Club to the turning bay of the adjacent car park at No. 151 – 191R Beach Street, Coogee, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans numbered Drawing -01, 02, 03 and 04 dated 23/5/2007 and received by Council on the 12 July 2012, the application form and on any supporting information received with the application, except as may be amended  by the following conditions.

 

Operational

2.       In the event that the bins provided reach capacity prior to the regular collection times, additional rubbish generated by caterers or the club shall be taken off site for appropriate disposal.

 

3.       The bin enclosure shall be kept clean and tidy and the gates locked at all times.

 

4.       The floor (base) of the structure shall be designed to meet Randwick Council’s design requirements for bin enclosures.

 

Landscaping

5.       Suitable landscape planting shall be provided to the northern and eastern elevation of the structure to screen the bin enclosure. Such landscaping shall:

 

a)  not grow more than 1.2m in height, and

b)  wrap around the enclosure or the eastern elevation to extend at least 0.5m; and

c)  be provided within the existing landscaped/turfed area and be approved by Councils Landscape Officer.

 

The landscaping shall be provided upon completion of the works.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

Construction Site Management Plan

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

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

 

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

 

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

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

 

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

11.     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

12.     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

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

 

Public Safety & Site Management

14.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

 

Occupation Certificate Requirements

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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.

 

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

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

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

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

 

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

 

A5      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A6      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

 

 

Attachment/s:

 

Nil

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP85/12

 

 

Subject:                  29 Bay Parade, MALABAR

Folder No:                   DA/37/2007/F

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Section 96 modification of the approved development by the construction of a privacy screen for a length of 4.9m adjacent to the side boundary fence with 31 Bay Parade at the rear of the existing dwelling; and to alter the screen on the front deck to opaque glazing. Original consent: Alterations and additions to the dwelling and a new garage in the rear yard.

Ward:                      South Ward

Applicant:                Susan Moore

Owner:                         Anthony Moore and Susan Moore

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary:

 

The subject Section 96(2) application has been referred to the Council meeting for determination as the original application was determined by Council.

 

There are three proposed modifications to the approved development consent. These relate to the partial removal of a portion of glazing film from a first floor window on the northern elevation of the dwelling; the construction of a weather screen to the front ground floor deck of the subject dwelling (using obscure glazing); and the construction of a timber privacy screen above a section of the dividing fence on the northern property boundary at the rear of the dwelling. It is noted that the works have substantially been carried out at the time of assessment.

 

One (1) objection was received to the proposed development. The issues raised were in relation to the perceived privacy impact from the removal of glazing film from a first floor window; view loss issues resulting from the construction of a weather screen to the front ground floor deck (using obscure glazing); and the construction of a privacy screen on the southern dividing fence to the rear of the subject dwelling.

 

Support is recommended for the construction of the approved weather screen to the front ground floor deck of the subject dwelling using obscure glazing and for the privacy screen which has been constructed on the southern dividing fence. However the proposal to reduce the height of obscure glazing for the first floor window from 1.5m to 1.1m is not supported.

 

Consequently, the application is recommended for approval; however it is recommended that Condition 10 relating to visual privacy be retained.

 

2.    The Proposal:

There are three proposal modifications to the approved development consent:

 

2.1      Amend condition number 10:

 

Condition No. 10 reads:

 

10.     The window (W1) within the upper level retreat in the northern elevation is to be of obscured glazing to a height of 1.5m above floor level to maintain privacy to the adjoining dwelling.

 

It is now proposed to amend condition number 10 of the consent; such that window (W1) for the upper level retreat in the northern elevation is constructed using obscured glazing to a height of 1.1m above floor level rather than 1.5m above floor level.

 

The applicant would prefer that the glazing film to be retained to a height of 1.1m above floor level in order to let more natural and sunlight into the upper level retreat room. The applicant also states that there will be no loss of privacy for the neighbouring dwelling as a result of the proposed amendment to Condition 10 (see further discussion below - Part 8.5.1).

 

2.2      Amend condition number 8:

 

Condition No. 8 reads:

 

8.       The proposed weather screen to the patio at ground level is to be of clear glazing to maintain the view to Malabar Headland from the front of the adjoining dwelling.

 

It is now proposed to amend condition number 8 of the development consent; such that the weather screen to the patio at ground level is to be constructed using obscure glazing rather than clear glazing.

 

The applicant states that the obscure plexiglass screen which has been installed is required for safety reasons and to ensure that privacy is maintained between the front patio of the ground floor part of the dwelling and the neighbouring dwelling at 31 Bay Parade. The applicant states that security cameras have been installed on the neighbouring property and that these have the potential to impose an unreasonable privacy impact over the subject site.

 

The applicant states that no existing views towards Malabar Headland will be unreasonably obstructed as a result of the screen being constructed using obscure glazing (see further discussion below - Part 8.5.2).

 

2.3      To construct a timber privacy screen above a section of the dividing fence:

 

The applicant has constructed a timber privacy screen with dimensions of 700mm (h) x 4.9m (L) above a section of the dividing fence on the northern property boundary at the rear of the dwelling (see figures 4 & 5 below).

 

The applicant states that the privacy screen is required to mitigate a perceived privacy impact from an existing cubby house at the rear of the dwelling at 31 Bay Parade. The applicant also states that the privacy screen will be braced off the dividing fence by 100mm however it is noted the existing privacy screen currently relies directly on the existing dividing fence for support.

 

The applicant confirmed to Council’s Assessing Officer  that the privacy screen will be re-built so that it is braced off the dividing fence by 100mm (see further discussion - Part 8.5.3).

 

3.    The Subject Site and Surrounding Area:

 

The subject site is located on the southern eastern side of Bay Parade which is directly opposite Malabar Bay and is presently occupied by a recently constructed two storey dwelling. The site has a frontage width of 11.58m, a side boundary depth of 41.605m and has an overall site area of 482m², the site has a slight fall from the rear towards the street frontage. The locality is residential in nature and contains a mixture of single and two storey dwellings, and older style and new dwellings.

 

4.    Site History:

 

DA/37/2007 was approved on 25 September 2007 for ground and first floor alterations to the existing dwelling and demolition of an existing garage and the construction of new garage to the rear subject to conditions.

 

DA/37/2007/A was approved on 1 May 2008 to rectify a typographical error on the original approved plans in order to satisfy the consent conditions of DA/37/2007.

DA/37/2007/B was approved on 31 July 2008 to rectify a survey error on the original approved plans in order to satisfy the consent conditions of DA/37/2007.

 

DA/37/2007/C was approved on 21st October 2008 to modify the approved development consent by installing 6 glass bricks to the front meals room, repositioning rainwater tank 1 (RWT1) to the southern side of the dwelling adjacent to the ground floor ensuite, and rainwater tank 2 (RWT2) to the western corner of the rear yard. The application also sought to use both stainless steel rigging and glass balustrades to the first floor front balcony, and increase the size of the meals room resulting in a change to the front setback of the portion of the dwelling adjacent to No. 27 Bay Parade from 5270mm to 4900mm. 

 

DA/37/2007/D was approved on 2 October 2007 to modify the approved development by installing a new obscure glazed window to the south facing first floor walk in wardrobe and changing the pitch of the approved roof to run from south to north (from the original east to west).

 

DA/37/2007/E was withdrawn on 25 June 2009. The proposal had involved a new window at the front of the first floor level.

 

5.    Community Consultation:

 

The proposal has been notified in accordance with the Council’s DCP – Public Notification. The following submission was received:

 

5.1 Objection:

 

31 Bay Parade, Malabar

 

Issue

Comment

Condition 10 of the original development consent required that the glazing be obscured to a height of 1.5m above finished floor level. A portion of this obscure film has been removed (and since replaced). This privacy measure should remain in place. It is also noted that a previous application to remove the privacy measure was refused by Council (DA/37/2007/C);

 

Condition 8 of the original development consent required that the weather screen for the front ground floor deck was to be constructed using clear glazing; in order to maintain a view from our lounge room of the Malabar Headland. The screen has been constructed using obscure glazing and we have lost the majority of the view of the headland. There is no privacy for the deck area given that it faces Bay Parade and that there is a bus stop adjacent to the site. The screen should be constructed using clear glazing;

 

Council should consider the mediation session held in 2007 when it was agreed that a privacy screen could be constructed to a height of 1.6m above floor level (Rl 11.86)

 

The existing cubby house within our rear yard was inspected by Council’s compliance officer and was given the all clear. We are growing a vegetative screen along the dividing fence which is intended to form a privacy screen between our property and the subject site.

 

The proposed privacy screen on the boundary does not adequately increase privacy levels given there are 25mm gaps between the timber sections. The privacy screen also provides a ladder for intruders to our property. Any privacy screen should be constructed within the subject site and not rely on the dividing fence for structural integrity; and should not provide a ladder for intruders.

 

Condition 10 is recommended to be retained (see further discussion below - Part 8.5.1). 

 

 

 

 

 

 

 

 

The screen has been constructed and existing panoramic views have been retained.  These views are towards Malabar Bay and Malabar Headland; and are viewed from the front of the neighbouring dwelling at 31 Bay Parade. A portion of the views from the side window at 31 Bay Parade are obscured however it is unreasonable to retain these views in their entirety (see further discussion below - Part 8.5.2).

 

 

 

The existing screen has been constructed and does not obscure any views from the front of the neighbouring dwelling. See further discussion above and Part 8.5.2 below. 

 

Noted.

 

 

 

 

 

 

 

The applicant confirmed on 29 October 2012 that the privacy screen will be re-built so that it is braced off the dividing fence by 100mm (see further discussion - Part 8.5.3). A condition is recommended to this effect; to ensure that the screen will not impose any unreasonable impacts on the neighbouring dwelling to the north with regard to perceived visual bulk and scale or security. The screen is recommended to be retained (see further discussion below - Part 8.5.3).

 

5.2 Support

 

No submissions were received in support of the application. 

 

6.    Technical Officers Comments:

 

The application related to minor works and did not require any internal referral.

 

7.    Master Planning Requirements:

 

The subject site has an area of less than 10,000 square metres and is not subject to Clause 40A of the Randwick LEP 1998 (Consolidation).

 

8.    Relevant Environmental Planning Instruments:

 

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

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation):

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 (Consolidation) and the proposed works are permissible with Council’s consent. The proposal (as conditioned) is considered to be consistent with the objectives and performance requirements of the RLEP 1998 (Consolidation) in that the proposed built form will not impose any unreasonable impacts on the amenity of the dwelling to the north of the subject site.

 

The following Clauses of the LEP 1998 (Consolidation) apply to the proposal:-

 

Clause 29 – Foreshore Scenic Protection Area:

 

The proposal will not significantly alter the existing nature of the use and design of the dwelling and is appropriate in the context of its immediate neighbours and the environmental quality of the public domain. Overall, the proposal will not detract from the visual qualities of the foreshore scenic protection area.

 

(b)    Draft Randwick Local Environmental Plan 2012:

 

Under the Draft RLEP 2012, the subject site is located within zone R2 Low Density Residential which is consistent with the current 2A zoning of the site. The development will be consistent with the proposed floor space ratio and building height development controls and it is also considered that the proposed amendments will not be inconsistent with the objectives and performance requirements of the Draft RLEP 2012 with regard to the amenity of nearby dwellings.

 

8.1 Section 96 Assessment:

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

8.2 Substantially the Same Development:

 

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979 legislation the proposed changes are considered minor and are substantially the same as the originally approved development. As such they can be assessed under Section 96 of the Act.

 

8.3 Neighbour Notification:

 

The proposal was notified in accordance with Council’s DCP for Public notification of Development Proposals and Council Plans. The submission received has been addressed in the assessment of the application.

 

8.4      Policy Controls:

8.5      Development Control Plan - Dwelling Houses and Attached Dual Occupancies:

 

The proposed modifications to the approved plans (as recommended to be conditioned) are considered to be consistent with the objectives and performance requirements of the DCP. 

 

8.5.1   Visual and Acoustic Privacy:

 

The window serving the retreat at first floor level on the northern elevation currently has obscure glazing film applied to its inside surface (see Figure 1 below). The obscure glazing film prevents the direct overlooking of the habitable lounge rooms on the southern elevation of the dwelling to the north of the subject site (31 Bay Parade) and it is noted that the obscure glazing was imposed as a condition under the original consent (condition No. 10).

 

It is recommended that Condition 10 of the original consent be retained given that the retreat window is located at the top of the stairs of the subject dwelling. The window is located in an area of the dwelling that would result in regular incidental overlooking of the neighbouring habitable room windows below. It is therefore recommended that Council should not support the proposal to decrease the height of the film from 1.5m to 1.1m above floor level.

 

Furthermore, it is noted that a 1.5m obscure glazed section for the window will both maintain existing privacy levels for the neighbouring dwelling to the north, as well as maintaining natural light within the retreat room itself. A northerly outlook over neighbouring dwellings towards the north (above the roof of the neighbouring dwelling at 31 Bay Parade) will also be maintained (see Figure 1 below).

 

 

Figure 1:  The window for the retreat on the northern elevation of the first floor of the subject dwelling. An outlook of neighbouring dwellings towards the north is also maintained.

 

8.5.2   View Sharing:

 

Condition 8 of the consent is proposed to be amended; such that a weather screen at the northern end of the patio at ground level constructed using obscure glazing rather than clear glazing.

 

Condition 8 was imposed to maintain panoramic views from the neighbouring dwelling at 31 Bay Parade across Malabar Bay and to the Malabar headland. However it was noted during the assessment of the original proposal that the views which were to be maintained were those which are enjoyed from the front of the neighbouring dwelling; and that it would be unreasonable to expect that views from the side window of the dwelling at 31 Bay Parade should be protected, given that the side window is situated behind the windows to the front of the dwelling that obtain the primary views.

 

The weather screen has been constructed; and it is apparent that no views from the front of the neighbouring dwelling at 31 Bay Parade have been obstructed. A portion of the view towards Malabar Bay is obscured from the side window of the neighbouring dwelling only; and it is noted that the retention of this view in its entirety from the side window would be unrealistic, as assessed against the Planning Principle established by the Land and Environment Court in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140. Furthermore, it is noted that the view over the Malabar headland is not obstructed from the side window (see Figure 3 below).

 

Consequently, it is considered that the construction of the weather screen using obscure glazing has not imposed any additional unreasonable view loss impact for the neighbouring dwelling at 31 Bay Parade as assessed against the Planning Principle established by the Land and Environment Court in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140; and it is recommended that Condition No. 8 should be deleted.

 

 

 

Figures 2 & 3:  The view towards Malabar Bay and Malabar Headland from the front and side windows of 31 Bay Parade respectively.

 

8.5.3   Side Fence and Privacy Screen:

 

Council’s Building Surveyor noted on 15 January 2009 that a cubby house within the rear yard of the neighbouring dwelling at 31 Bay Parade was being constructed (as exempt development) under the requirements of Council’s Exempt and Complying DCP. Nevertheless the cubby house directly overlooks the rear of the subject site and therefore imposes a significant privacy impact on the rear yard.

 

The privacy screen has been constructed to effectively mitigate the privacy impact of the cubby house on the rear yard of the subject dwelling. It is also noted that the privacy screen has been constructed using lightweight timber materials and that the privacy screen will be re-built so that it is braced off the dividing fence by 100mm. It is considered that the privacy screen will not impose any significant structural impact on the dividing fence or on the neighbouring dwelling with regard to security. Furthermore, the screen does not impose any unreasonable impacts on the amenity of the neighbouring dwelling with regard to perceived visual bulk and scale.

 

 

 

Figures 4 & 5:  The existing privacy screen above the dividing fence to the northern property boundary; as viewed from within the subject site and from within the neighbouring dwelling to the north (31 Bay Parade).

 

9.    The Public Interest:

 

The three proposed amendments to the original approval have been assessed and aside from the privacy measures for the window for the retreat on the northern elevation (which are recommended to be retained), 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 and approval is recommended.

 

Relationship to City Plan:

 

The relationship with the City Plan is as follows:

 

Outcome 4:   Excellence in urban design and development.

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

 

Financial Impact Statement:

There is no direct financial impact for this matter.

 

Conclusion:

 

Two of the proposed modifications, based on their merit, are considered to be minor and will not adversely affect the immediately adjoining properties or the locality; however Condition No. 10 relating to privacy measures for the retreat room window on the northern elevation is recommended to be retained.

 

The development (as recommended to be amended) complies with the objectives and performance requirements of the RLEP 1998 (Consolidation) and with the Dwelling Houses and Attached Dual Occupancies DCP with regard to privacy measures and view sharing. Consequently, the proposal is recommended for approval as it is substantially in accordance with the development consent.  

 

 

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/37/2007 in the following manner:

 

A.   Amending Condition No.1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 11807, undated and received by Council on the 5th July 2007, the application form and on any supporting information received with the application, as amended by the following

 

·           Section 96’A’ plan numbered 11807 Issue A and received by Council on 24th April 2008; and as amended by

·           Section 96’B’ plan numbered 11807, Issue B and received by Council on 30th June 2008, and as amended by

·           Section 96’C’ plan numbered 11807, Issue C and received by Council on 15th August 2008, 

·           Section 96 ‘D’ plan numbered 11807, Issue D and received by Council on 24th February 2009, 

·           Section 96 ‘F’ plan numbered 11807, Issue F and received by Council on 14 September 2012, 

 

only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 applications.

 

B.   Delete Condition No. 8 relating to the weather screen to the patio at ground level.

 

C.   Include the following new Condition No. 45:

 

45. The privacy screen on the dividing fence on the northern property boundary must be removed and rebuilt so that it is located 100mm to the south of the dividing fence and so that it is parallel to the dividing fence. 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP86/12

 

 

Subject:                  491 Bunnerong Road, Matraville (DA/907/2009/B)

Folder No:                   DA/907/2009/B

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Section 96 modification of approved development by providing a roof terrace above the approved building fronting Bunnerong Road

Ward:                      South Ward

Applicant:                Mr D Karaali

Owner:                         Mr D Karaali

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

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

 

The approved development, determined at the Ordinary Council Meeting on 12 October 2010 involved demolition of the existing dwelling at No. 491 Bunnerong Road; construction of a new part 3/part 5 storey mixed use development comprising a retail tenancy fronting Bunnerong Road at ground floor level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles; a shared common access driveway for Nos. 489 and 491 Bunnerong Road; and associated landscaping.

 

This Section 96 proposes a roof terrace above the approved building fronting Bunnerong Road. The proposal has been modified reducing the size of the trafficable roof terrace to reduce the potential adverse amenity impacts. Overall, the reduced roof terrace, addition of a spiral stair case within the front balcony is reasonably removed from the front elevation along Bunnerong Road.

 

The original application was notified and advertised in accordance with Council’s Development Control Plan – Public Notification and advertising from 17 October – 31 October 2012. At the conclusion of the notification and advertising period, no submissions have been received. 

 

The proposed modifications, as amended, do not give rise to unreasonable additional adverse impacts to surrounding properties and there is no substantial change to the massing of the approved building fronting Bunnerong Road. The proposal is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Act.

 

The application is, therefore, recommended for approval subject to conditions.

 

2.    The Proposal

 

Providing a roof terrace above the approved building fronting Bunnerong Road along with a spiral staircase located on the balcony fronting Bunnerong Road.

 

Amended roof floor plan received by Council on 22 October 2012 reducing the trafficable area of the roof top terrace by provision of a 1.8m barrier screen.

 

A further set of amended plans correct the required slab level of the proposed roof top terrace and associated deck area.

 

2.1 Section 96 of the Environmental Planning and Assessment Act 1979

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

Substantially the Same Development:

The modifications to the approved development does not alter the nature of the approved development and for the purposes of legislative requirements under Section 96 (2) of the Environmental Planning and Assessment Act 1979, it is considered the application remains substantially within the scope of the original approved development.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Bunnerong Road in Matraville. Several sites in the vicinity of the subject site area under construction for similar types of developments. A premises located at No. 508 Bunnerong Road has consent for roof top trafficable terrace areas as well as spiral staircases located within front balconies.

 

Subject site: 491 Bunnerong Road Matraville

508 Bunnerong Road Matraville with a similarly configured roof terrace and spiral stair case within the front balcony.

 

4.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  The application was also advertised in the local newspaper on 17 October 2012. As a result of this notification, no submissions were received.

 

5.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is identified as being within Zone No. 3B (Local Business Zone) under Randwick Local Environmental Plan 1998. The site is also located within the defined area of the Matraville Town Centre. The proposal includes residential apartments and retail/commercial units on the ground floor, which are permissible in the 3B Zone with development consent.

 

The following clauses of the LEP apply to the proposal:

 

Clause

Requirement

Proposal

Compliance

42DA

Matraville Town Centre

 

 

42DA(1)

Applies to land marked on the map to LEP Amendment No. 37

The subject site is located within the Matraville Town Centre according to the map of the LEP.

Complies

42DA(2)

Objectives

 

 

 

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

The proposal is considered to deliver a built form that does not detract from the streetscape of Bunnerong Road.

Complies

 

(b) to encourage a vibrant and active town centre

No change

 

N/A

 

(c) to provide opportunities for residential development in the town centre that complement the primary business function

No change

 

N/A

 

(d) to encourage a variety of housing that complements development within the town centre

No change

N/A

 

(e) to ensure that social and cultural needs are considered with any development proposals in the town centre

The proposed building is appropriately proportioned and articulated, and will not result in detrimental impacts on the future visual character of Bunnerong Road and the surrounding public domain.

Complies

 

(f) to encourage and facilitate the provision of appropriate vehicular access and off-street parking

No change 

N/A

 

 

 

 

(g) to ensure that public transport and associated facility needs are considered and promoted

No change

N/A

 

 

 

 

 

(h) to require environmentally sustainable approaches to future land use and development

The proposed roof terrace provides appropriate use of the roof for private open space

Complies

 

(i) to improve the overall environmental quality of the town centre

The proposed development is suitably proportioned and articulated and is satisfactory in urban design terms.

Complies

42DA(4)

The following requirements contained in the Matraville Town Centre DCP are incorporated into the LEP:

(a) maximum number of storeys

(b) maximum height

 

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

 

42DA(5)

For building fronting Bunnerong Road:

Maximum number of storeys: 4

Maximum height to underside of ceiling: 12.8m

 

 

 

 

No change to number of stories. Note, 1.8m parapet envelopes the building at the northern southern and western sides with a 1m high parapet at the rear part of the building. The proposed 1.8m screen surrounding the reduced roof terrace area will not extend beyond the height of the parapets.

 

 

Complies

It is noted that a SEPP 1 objection is not required as the application was submitted and assessed as a S96 application.

 

(b)    Relevant State Environmental Planning Policies

 

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

The Design Quality Principles specified in the SEPP are addressed as follows:

 

Principle 1 Context

The proposed modifications will not result in any significant changes to the built form, envelope and landscaped area provision of the approved development. The current proposal does not significantly alter the relationship of the building with the surrounding environment in so far as the roof terrace is setback from the front building line street alignment, a similar development has been approved at 508 Bunnerong Road and a condition is included requiring the 1.8m high screening surrounding the reduced roof terrace area to be reduced in height to a maximum of 1.1m.

 

Principle 2 Scale

The proposed modifications will not result in any significant changes to the built form and envelope of the approved development.

 

Principle 3 Built form

The proposed modifications will not result in any significant changes to the built form and envelope of the approved development.

 

Principle 4 Density

The proposed modifications do not result in any appreciable changes to the bulk and scale of the building when viewed from the street.  The modified development will not result in detrimental environmental, social or economic impacts on the locality, and is deemed to be acceptable in this regard.

 

Principle 5 Resource, energy and water efficiency

The proposed modifications will not alter cross ventilation and natural lighting for apartment units as assessed under the original development application for the building. An amended BASIX Certificate for the residential component in the proposal was not required to be provided by the applicant.

 

Principle 6 landscape

The proposed modifications will not alter the total amount of landscaped open space as contained in the approved development.

 

Principle 7 Amenity

The dimensions and configuration of the apartment units has not been altered as part of this application. The proposed modification improves amenity by providing access to a roof terrace of suitable dimensions that enable outdoor living activities. The potential privacy impacts on the adjoining properties are addressed under the section 5.2 of this report.

 

Principle 8 Safety and security

The modified development will not alter the levels of casual surveillance for the surrounding public domain.

 

Principle 9 Social dimensions

The amended proposal does not alter the social dimensions within the town centre.

 

Principle 10 Aesthetics

The proposal does not involve any significant changes to the approved built form, envelope, façade composition or use of materials. In order to ensure visual qualities are maintained a condition is included requiring colours materials and finishes of the works incorporated within this section 96 application to be submitted to Council for approval prior to works being carried out.

 

Conclusion

The proposal has been before the Panel once. The original proposal has been assessed as being consistent with the Design Quality Principles contained in the SEPP. The subject modifications will not alter the conclusion of the previous assessment in relation to compliance with the SEPP and does not require any further referral to the Panel.

 

(c)    Policy Controls

a.    Development Control Plan: Matraville Town Centre

The relevant provisions of the DCP – Matraville Town Centre are addressed as follows:

 

The proposed modification to the approved plans complies with the relevant assessment criteria and will comply with the general aims and objectives of the DCP for the Matraville Town Centre. The proposal will not alter the existing physical building envelope and the modifications are considered to represent better planned private open space area and will not detrimentally affect the amenity of the immediately surrounding locality.

 

Clause

Control

Comments

3.3

Building Envelopes

 

 

3.3.2 Heights

 

Building at a street edge (Bunnerong Road) & minimum frontage 12m with basement car parking: 4 storeys.

 

Development at rear of lots: 3 storeys

 

 

 

The subject Section 96 application does not increase the height above the approved ceiling height. The provision of a screen around the reduced roof top terrace area is set well back from the sides of the building and will not result in any variation to the presentation of the building along Bunnerong Road being the western end, to the northern side or the southern sides of the building.

 

The modified development at the Bunnerong Road frontage continues to comply with the height control as defined under the Matraville town centre DCP.

 

3.3.3 Depth

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Baird Avenue, Perry Street and Franklin Street:

Maximum 16m

 

 

 

As approved by DA/907/2009. The configuration of the building remains substantially the same as the original consent and continues to achieve breaking up of expanses of unarticulated building and adequately addresses the Bunnerong Road.

 

Within the maximum building envelope depth:

-   Articulate the building façade

-   Design apartments so that the maximum glass to glass dimension is 14m

Balconies may extend outside the maximum building envelope depth by up to 600mm, but may not extend beyond the property boundary

The building remains suitably articulated with the spiral stair contained within the existing balcony and not protruding beyond the existing building envelope.

 

In relation to colours and materials a condition is included requiring details to be provided prior to works being carried out.

 

Satisfactory.

 

3.3.4 Setback & Separation

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Perry Street and Franklin Street:

No setback from the street edge up to and including 4 storeys

4m from the street edge for any storeys higher than 4

The approved setbacks remain unchanged by the proposed modifications.

 

3.5.5 Facades

- Articulation

- Address the street

- Emphasise verticality at street corners

- Adopt a modular form that reflects the narrow shop width of older buildings and lots in the town centre (6-8m). Align the building with its neighbours.

- Ensure that shutters, louvres and other façade features do not encroach over Council’s road reserve.

- The façade expresses a bottom, middle and top related to the overall proportion of the building.

- Light weight structures, sunshade devices and etc. may penetrate the Building Envelope (but not the property boundary) by a maximum of 1.5m.

- Avoid curtain walls, large expanses of glass and concrete.

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

 

The proposed modifications will not significantly alter or diminish the degree of articulation that was present in the approved development. The proposed modifications will not adversely impact the streetscape or the amenity of the adjoining properties.

 

3.5.6 Materials and Finishes

- Combine difference materials and finishes to assist building articulation.

- The following materials are considered incompatible: large wall tiles, rough textured render, curtain walls and reflective glass

- Avoid large expanses of any single material to facades.

 

The proposed modifications will not significantly alter or diminish the degree of articulation that was present in the approved development with only a spiral staircase and cupboard sought to be located within the approved balcony. The proposed stairs will not be dissimilar to spiral stair in a similar position at No. 508 Bunnerong Road will not adversely impact the streetscape or the amenity of the adjoining properties.

 

 

3.5.9 Roof Forms

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

- Minimise the bulk and mass of roofs and their potential for overshadowing.

- Design roofs to generate a visually interesting skyline and minimise apparent bulk.

- Relate roofs to the size and scale of the building, the building elevation and the three dimensional building form.

- Consider the sustainability benefits of landscaped ‘green roofs’ and appropriately shaded areas. Domestic roof forms and features such as attic or dormer windows in the roof are inappropriate within the town centre context.

 

The proposal retains the existing parapets along the flat roof form. The proposed roof top terrace is uncovered to minimise the appearance of any additional bulk and scale on the roof and is wholly contained behind the roof parapet of the front building.

 

 

 

3.8

Amenity

 

 

- Maximise any northerly aspect and optimise the number of north facing windows. Shade north facing windows with roof eaves, verandahs or balconies, awnings, or other horizontal shading devices.

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

- Incorporate appropriately designed double glazed or energy efficient glass skylights and clerestory windows to improve daylight levels wherever possible.

- Do not use coloured / opaque glass as a shading device.

- Protect roof terraces with shade, cloth, planting, pergolas.

- Ensure that living spaces of at least 70% of apartments in any new development receive a minimum of 3 hours sunlight between 9am and 3pm on 21 June, unless existing overshadowing prevents this.

The proposed modifications do not give rise to any additional overshadowing impacts on the future occupants of the site or the surrounding properties. The proposal will continue to achieve adequate solar access. Overall, the development is considered satisfactory in this regard.

 

 

3.8.4 Privacy – Visual

- Separating communal open space, common areas and access routes from windows of rooms.

- Changing the level between ground floor apartments and the public domain or communal open space.

- Maximise visual privacy by providing the following minimum separation between buildings:

Between habitable rooms 12m

Between habitat room and balconies / non-habitable rooms 9m

Between non-habitable rooms 6m

- Offsetting windows.

- Recessing balconies between adjacent balconies.

- Using solid or semi-solid balustrades for balconies.

- Using louvres or screen panels to windows and balconies.

- Providing landscape screening

- Incorporating planter boxes into walls or balustrades.

- Utilising pergolas or shading devices to limit overlooking.

 

 

Modification to the roof top to a trafficable area does not place private open space area in conflict with the living areas or private open space on adjoining lots.

 

The location of the roof terrace will result in minimal adverse impacts to the privacy and amenity of the surrounding properties.

 

Overlooking from the proposed roof terrace will be minimal as the reduced area is set well away from the sides and rear of the building and suitably screened to ensure sufficiently separation from the residential properties on the adjoining sites to the north, south and east. It is noted that the original building is designed with 1.8m high parapets along these directions.

 

The proposed screens (details to be provided subject to condition) to the rear of the roof terrace area prevents looking directly across the rear of the building fronting Bunnerong road boundaries of the site, protecting the privacy of the building at the rear.

 

Overall, having regard to the location and size of this terrace associated being a single residential unit; the proposal has limited impacts on the privacy and amenity of the surrounding properties.

 

6.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

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

Refer to the “DCP- Matraville Town Centre” section of this report.

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

The proposal generally satisfies the requirements under the Draft RLEP 2012.

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

 

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:          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 modifications proposed as part of this application do not substantially alter the form and nature of the approved residential flat building development.

 

The likely impacts of the amended proposal have been considered in accordance with Section 79C of the Act, the provisions of Randwick LEP 1998 and DCP’s and it has been demonstrated that the proposal generally complies with the statutory controls and the relevant aims and objectives of the planning instruments.

 

Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed modifications are considered to result in a development that remains substantially the same as the development for which the consent was originally granted.

 

Approval of the modification will not result in any significant environmental impact and will not detract from the integrity of the development nor its relationship with adjoining development. It is therefore considered that the modification to the original development consent is reasonable.

 

 

Recommendation

 

        That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/907/2009 for permission to modify the approved development by providing a roof terrace above the approved building fronting Bunnerong Road for 491 Bunnerong Road, Matraville, subject to the following conditions:

 

Amend Condition 1 to read:

1.     The development must be implemented substantially in accordance with the following plans:

 

Plan Number

Revision

Prepared by

Plot Date

Received on

DA01

B

Architectural Solutions

May 10

02/09/10

DA02

E

-

07/09/10

DA03

B

May 10

07/09/10

DA04

B

May 10

02/09/10

DA05

B

May 10

11/06/10

DA06

B

May 10

11/06/10

DA07

B

May 10

11/06/10

DA077

B

May 10

07/09/10

DA08

B

May 10

11/06/10

DA09

B

May 10

11/06/10

DA10

D

-

07/09/10

DA11

D

-

07/09/10

       

the application form and on any supporting information received with the application, as amended by:

 

·      Section 96 plans numbered A200 & A0210 dated 28.06.11 & 11.07.11 received by Council on the 2nd December 2011;

 

·      Section 96 plans numbered A260 Issue C, A400 Issue C, A402 Issue D, A500 Issue C, all dated 4 October 2012, A300 Issue C, dated 22 October 2012 and all received by Council on 9 November 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:

 

Add the following condition:

121.  The colours, materials and finishes of the external surfaces to the works associated with the trafficable roof terrace inclusive of the spiral staircase and privacy screens 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 referred to above (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning & Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

122.  The balustrade/screening enclosing the trafficable roof terrace area shall be reduced to a maximum height of 1100mm above the roof floor level.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP87/12

 

 

Subject:                  323 Malabar Road, Maroubra (DA/490/2012)

Folder No:                   DA/490/2012

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Construction of a 3 level plus basement addition to the rear of the existing building containing an additional dwelling with carparking, laundry, bin storage, and water tank in basement (SEPP1 objection to floor space ratio and height controls)

 

Ward:                      Central Ward

Applicant:                Rodney Albert Yannakis & Associates

Owner:                         Mr P S Sakley

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

Executive Summary

 

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

 

The subject site, Lot 1 DP 224181, is located at No 323 Malabar Road, Maroubra. The site contains an existing two storey mixed use (commercial and residential) building that fronts Malabar Road with a pizza shop at ground floor level and a residential dwelling at ground and first floor level. The site slopes moderately away from the front boundary of the site. A right of way is located adjacent to the rear (east) boundary of the site, which enables vehicular access to the rear of properties located to the north of the site.

 

The proposal involves alterations and significant additions to existing structures on site to create a mixed use development comprising a commercial tenancy (existing), two dwellings and basement parking. Strata subdivision into three lots is proposed.

 

The proposed development involves objections under State Environmental Planning Policy (SEPP) No. 1 Development Standards to cl20F Floor space Ratios (24%) and cl20G Building height (17%) of the Randwick Local Environment Plan 1998 (Consolidation). In both instances it is considered that the SEPP 1 objection is well founded and compliance with the standard is unreasonable and unnecessary in this instance.

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification between 15/08/2012 and 29/08/2012.  As a result of this notification one submission was received. Issues raised in this submission have been addressed in the body of this report.

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended, and the proposal is considered to satisfy all relevant heads of consideration. In particular: the proposal is considered to be consistent with the objectives of the Local Business 3B Zone and the objectives of applicable development standards; and the proposal is considered to satisfy the DCP: Parking.

 

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

 

1.        Site Description

 

The subject site, Lot 1 DP 224181, is located at No 323 Malabar Road, Maroubra, within a small grouping of neighbourhood shops just north of Torrington Road.

 

The site has a frontage (west) of 5.165m to Malabar Road and a depth of 41.053m. The site is irregular in shape and has an area of 211m2. The site slopes moderately away from the front boundary of the site.

 

The site contains an existing two storey mixed use (commercial and residential) building that fronts Malabar Road with a pizza shop at ground floor level and a residential dwelling at ground and first floor level.

 

A right of way is located adjacent to the rear (east) boundary of the site, which enables vehicular access to the rear of properties located to the north of the site.

 

View to east of subject site, 323 Malabar Road.

 

2.        Proposal

 

The proposal involves alterations and significant additions to existing structures on site to create a mixed use development comprising a commercial tenancy (existing) and two dwellings. The existing structure will be altered at ground floor and first floor to revise the layout of the existing residential dwelling and improve its presentation to the street. The existing ground floor commercial tenancy will be retained without modification.

 

A new building, joined to the existing building via a basement podium level, will be constructed at the rear of the existing building. The new building will comprise a single three level dwelling with basement level parking accessed off the existing right of way. A 5m wide courtyard separates the two buildings at ground floor level. East facing balconies are provided at first and second floor level.

 

Strata subdivision into three lots is proposed.

 

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

 

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

 

3.1      Clause 20F: Floor Space Ratio

 

20F (1) Floor Space Ratio

Proposed

Site area

211m2

Proposed

1:24 or 268m2

LEP development standard

1:1 or 211m2

Excess above or less than the LEP standard

24% or 57m2

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

 

Matter 1

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

 

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

 

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

 

As such, the appropriate test in this instance is to establish whether the proposed floor space ratio results in a development that is of a size and scale which is compatible with the established character of the locality and does not detract from the amenity of the locality and the objectives of the 3B Local Business Zone.

 

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

 

·      approval of the FSR proposed on the site for a building envelope that has a more than acceptable environmental performance and which relates to the existing character of the locality but which at the same time exceeds that prescribed for the locality in LEP 1998 will not set a precedent for other non-conforming applications;

·      the proposed FSR is similar to or if not less than other existing development within local business zones, Maroubra and the Randwick LGA, particularly that to the north along Malabar Road;

·      higher density development is expected in local business zones with good access to public transport and other services and amenities;

·      the additional stepped built form is located to the rear of the site and therefore is generally not visible from the surrounding public domain.  Where it is visible from the surrounding public domain, the proposed works/additional built form will look or be interpreted as an appropriate infill development adjacent to the significant built form to the north of the site;

·      the altered and added to mixed use development positively responds to the site’s locational characteristics without adversely impacting on existing adjoining and adjacent properties or the surrounding public domain; and

·      it has been demonstrated that the proposal will not result in any material environmental impacts to the adjoining and adjacent properties, particularly in terms of overshadowing, aural and visual privacy, solar access and natural ventilation, and views and vistas.

 

For the reasons set out above, the existing and proposed departure from the development standards is well founded.  Council in the past has considered applications favourably which depart from standards subject to a satisfactory environmental performance.  The proposed development is entirely consistent with this principle as it exhibits an appropriate built form solution for the site without compromising or resulting in adverse environmental impacts to the adjoining and adjacent properties and the surrounding public domain.  The resultant built form has also been the discussion of numerous iterations with Council.

 

The justifications for the SEPP 1 objection provided by the applicant are generally considered to be well founded. In particular, the bulk of the proposed development is consistent with existing development to the north and south of the site (No. 319 and 327 Malabar Road, respectively) in terms of bulk, footprint, height and setbacks and fits appropriately with the context of the site. The proposed building incorporates a generous setback between the existing and proposed structures which breaks up the bulk of the building for the benefit of immediately adjoining sites. The proposal will not detract from the visual amenity of the streetscape and amenity impacts on adjoining residents are considered to be acceptable.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

Matter 3

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

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

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

 

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

 


Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposal is considered to achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

Fourth

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

 

Comments:

The floor space ratio development standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

The existing Local Business 3B zoning is not considered to be inappropriate for the locality.

 

 

 

 

3.2      Clause 20G: Building Height

 

20F (5) Maximum building height

Proposed

Proposed

10.7m

LEP development standard

9m

Excess above or less than the LEP standard

1.7mm or 19%

 

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

 

Matter 1

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

 

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

 

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

 

As such, the appropriate test in this instance is to establish whether the proposed external wall height results in a development that is of a size and scale which is compatible with the established character of the locality and does not detract from the amenity of the locality and the objectives of the Local Business 3B Zone.

 

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

 

·      the alterations and additions proposed to the existing mixed use development can be undertaken without any adverse environmental impacts to the adjoining, and adjacent properties and the surrounding public domain;

·      the height of the building is consistent with the adjoining and adjacent mixed use developments to the north and south of the site respectively;

·      the height of the building does not preclude redevelopment of the adjoining properties for a similar purpose/land use;

·      the proposal may act as a catalyst for future development within the locality; and

·      the proposal will clearly read as an infill element from the rear with no visible change to the existing streetscape character of Malabar Road.

 

For the reasons set out above, the existing and proposed departure from the development standards is well founded.  Council in the past has considered applications favourably which depart from standards subject to a satisfactory environmental performance.  The proposed development is entirely consistent with this principle as it exhibits an appropriate built form solution for the site without compromising or resulting in adverse environmental impacts to the adjoining and adjacent properties and the surrounding public domain.  The resultant built form has also been the discussion of numerous iterations with Council.

 

The justifications for the SEPP 1 objection provided by the applicant are generally considered to be well founded.

 

The height of the existing building fronting Malabar Road is generally unchanged and there will be no perceptible increase in the height of the building when viewed from Malabar Road.

 

The new built form has been designed to be reflective of the topography of the site, with the rear stepping down a level towards the rear boundary. The highest point of the building in relation to natural ground level (10.7m) is located in the middle of the building at the rear of the site. The maximum height of the building at the rear elevation is reduced by a storey, 7.8m. That part of the building that exceeds the 9m building height limit is contained within the middle of the site and will not be visually prominent when viewed from immediately adjoining sites and public areas. Notwithstanding, the scale of the building (part three – part four storeys) is generally consistent with scale of development on adjoining sites, No 319 and 327 Malabar Road.

 

In terms of height to AHD, the maximum height of the proposed new built form generally relates to the maximum height of the existing building fronting Malabar Road and the non-compliance with the building height development standard is largely attributed to the falling topography of the site.

 

Impacts that may arise from the departure with the building height development standard (e.g. overshadowing, privacy, view loss) are discussed within the body of this report and are not expected to be unreasonable.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposal is considered to achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The development standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

The existing Local Business 3B zoning is not considered to be inappropriate for the locality.

 

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:

 

·           2A Torrington Rd, MAROUBRA

Objection

Comment

A 3 storey structure would not be in keeping with other existing structures on Malabar Road. The variation from the building height development standard, given the surrounding topography, is difficult to justify.

 

The height of the building when viewed from Malabar Road will not increase.

 

Refer to the SEPP 1 objection for building height for further comment in relation to compatibility with surrounding development.

 

The development will provide a line of sight into the backyard of objector’s property and backyards of other residents.

 

Overlooking from the proposed development is not expected to have unreasonable impacts on adjoining residential sites. See comments under Section 79C Matters for Consideration - Privacy, below, for further discussion.

 

The suggested response to stormwater management appears inadequate. The run-off of stormwater from the current property is impacting several other properties at the rear of property (the lane side) and it appears that the stormwater management proposed in the application will not adequately deal with this existing issue. A detailed independent stormwater study should be required before the application is progressed further.

 

The proposed treatment of stormwater has been reviewed by Council’s development engineer and is considered to be adequate, subject to recommended conditions.

 

Refer to comments provided by Council’s development engineer in relation to drainage, below, for further comment.

 

An independent stormwater study prior to determination of the application is not required; however, it is recommended that the applicant be required to 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).

 

The lane at the rear of the proposed development is in need of repair and maintenance. It is unclear what contribution this development will make in this regard.

 

Council’s development engineer has recommended conditions that that part of the Right of Way affected by the development is resurface and graded to the extent that stormwater run off is adequately drained.

 

The suggested anticipated cost associated with this application ($542,685.00) seems unreasonably small for the scale of the project.

The cost estimate has been prepared by a registered quantity surveyor and is considered to be satisfactory.

 

 

5.        Referrals

 

5.1      Development Engineering

The below comments have been received by Councils development engineering department in relation to drainage, parking, waste management and landscaping. Conditions provided have been included in the recommendation of this report.

 

Drainage Comments

On site stormwater detention will not be required for this development as it is located outside the designated area where detention is required.

 

The Drainage Concept Plan by LMW Design Group P/L dated July 2012 indicates that stormwater runoff will be discharged to the existing kerb & gutter in Malabar Road via a rainwater tank and 100mm diameter pipes underneath the ground floor slab. This is acceptable to Development Engineering as it vastly improves the existing situation which is unacceptable. Stormwater runoff is currently observed to directly discharge illegally over the fence onto the neighbours property (from garage) at 325 Malabar Road or possibly the sewerage system.

 

There are some minor concerns about drainage of the basement garage level as there is potential for stormwater runoff entering the garage via the existing Right of Way at the rear. Conditions ensuring the entrance and proposed resurfacing of the Right of Way are graded  to direct runoff away from the garage have been included in this report.

 

Parking Comments

There is 1 carspace currently provided on the site within an existing garage at the rear.  This appears to be for the existing 1 bedroom unit above the pizza restaurant. No parking for the restaurant is currently provided and as no changes to the restaurant are proposed so only the additional demand generated by the proposed 3 bedroom unit has been assessed.

 

Council’s DCP-Parking requires that parking be provided for multi-unit housing at the following rates;

1 space per 1 bedroom unit

1.2 spaces per two bedroom unit.

1.5 spaces per 2 bedroom unit.

1 visitor space per 4 units or part thereof but none required for developments less than 4 units.

 

For the residential component of the site consisting of 1 x 1 bedroom unit and 1 x 3 bedroom unit parking demand is;

 

Parking Required       = 1 x 1 + 1 x 1.5

                            = 2.5 spaces

 

Parking Provided       = 2 spaces

 

Parking Deficiency    = 0.5 spaces

 

The tandem arrangement for the carspaces is acceptable in this instance as the submitted draft strata plans indicate that both of the proposed carspaces will be allocated to the proposed 3 bedroom unit.  It should be noted however that the existing one bedroom unit will therefore no longer have access to off-street parking.

 

Development Engineering generally does not support the non-provision of off-street parking for residential dwellings although is noted that in this case;

§ The site suffers from severe geometric constraints which restrict the ability to provide further off street parking especially for carspaces side by side.

§ The parking deficiency is minor (0.5 spaces)

§ The parking deficiency will only affect the 1 bedroom unit.

§ On-street parking appears to be available in Torrington/Malabar Roads.

§ The site is located immediately adjacent to a bus stop with typical frequencies of 10-15 minutes consisting of routes 353, 376, 377, X77 to the City, Bondi Junction, Maroubra Beach and Eastgardens shopping centre.

 

In consideration of these factors Development Engineering will not object to the minor deficiency in this instance.

 

Service and Delivery for restaurant

The proposed development will remove access to the rear right of way for the restaurant although it is noted that service and delivery vans do not currently use this access in any case. Service and delivery vans currently park in either Malabar or Torrington Road and access the restaurant via the Malabar Road frontage.

 

Waste Management Comments

The proposed waste bin allocation of 3 bins is adequate to serve the residential component of the development. These would likely be transported to the Torrington Road frontage via the Right of way for collection and is considered acceptable.

 

Waste generated from the restaurant is currently stored within the building and transported to the Malabar Road frontage for collection. This would be expected to continue post development.

 

A waste management plans has not been submitted with the application. A condition has been included requiring a waste management plan in documentation for the construction certificate.

 


Landscape Comments

Council’s Landscape Development Officer has indicated that there is no objection to the removal of the two large Cocos Palms located on the site as they are not covered by Council’s Tree Preservation Order (TPO).

 

6.        Relevant Planning Documents

 

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

 

·      Environmental Planning and Assessment Act 1979, as amended.

·      Environmental Planning and Assessment Regulation 2000, as amended.

·      Randwick Local Environmental Plan (Consolidation) 1998.

·      Draft Randwick Local Environment Plan 2012

·      Randwick Development Control Plan – Parking.

·      Randwick Section 94A Development Contributions Plan.

 

Additionally, the following statutory controls are specifically addressed in the assessment of the proposed development:

 

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

 

6.1      Randwick LEP 1998 (Consolidation)

The subject site is zoned Local Business 3B in accordance with the Randwick LEP 1998 (Consolidation). The proposal (mixed use development: dwellings and business premises -> restaurant) is permissible with development consent.

 

The following relevant clauses of the Randwick Local Environmental Plan (Consolidation) 1998 are addressed in detail below:

 

·      Clause 14 - Zone No 3B (Local Business 3B)

·      Part 2B – Development Standards

·      Clause 40 – Earthworks

 

Clause 14: Zone No. 3B Objectives

The objectives of the Zone No 3B (Local Business 3B) are set out in the table below. The proposed development is considered to satisfy the objectives of the zone for the reasons outlined.

 

Objectives

Comment

14(1)(a)  to provide opportunities for local retail and business development in the City of Randwick, and

 

Satisfactory. The proposed mixed use development retains the existing commercial tenancy fronting Malabar Road. The site is not considered to present any further reasonable opportunities for further commercial space.

 

14(1)(b)  to provide opportunities for associated development such as car parking and service industries, and

 

Satisfactory. No “associated service” industries will take place within the site, however, the proposed development provides adequate on-site parking for the proposed development.

 

14(1)(c)  to provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and

 

Satisfactory. The proposed mixed use development generally reflects the form of development that is anticipated by the zoning of the site (3B Local Business). The proposal is not considered to interfere with the business function of the zone.

     

14(1)(d)  to minimise the impact of development on adjoining and nearby residential zones, and

 

Satisfactory. The proposed development is not expected to have any unreasonable or unacceptable adverse impacts on adjoining residential development, as detailed within the relevant sections of this report. 

 

14(1)(e)  to encourage housing affordability, and

 

Satisfactory. The proposed development creates a new dwelling and retains the existing dwelling on the site. The proposed development will contribute to housing affordability in so far as it will contribute to the availability of dwelling units in the area.

 

14(1)(f)  to encourage the provision and use of public transport.

 

Satisfactory. The proposed development is located within close proximity to Malabar Road, which is well serviced by public transport. Parking is provided generally in accordance with Council’s DCP – Parking.

 

 

Part 2B: Development Standards

The table below assesses the proposed development against the relevant principle development standards applicable to the site.

 

Clause

Standard

Proposed

20F(3) Floor space ratio

1:1 or 211m2

1.24:1 or 260.93m2

 

Does not comply. See SEPP1 objection above.

20G(5) Building height

9m

10.7m

 

Does not comply. See SEPP1 objection above.

 

Clause 40: Earthworks

The proposal involves earthworks up to 2m in depth to create basement garage parking and sub floor areas (RL56.34). Clause 40: Earthworks of the Randwick LEP states that when determining an application for consent to carry out earthworks the consent authority must consider the following:

 

Clause 40 Consideration

Comment

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

 

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

 

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

 

Recommended conditions also require all excavations to be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated to prevent the movement of soil and to support the adjacent land and buildings where necessary.

 

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

 

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

 

6.2      Draft Randwick LEP 2012

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:

B1 Neighbourhood Centre

 

 

mixed use development: 2 x dwellings and food and drink premises -> restaurant.

No. The proposed development is not considered to be consistent with any permissible land use under the Draft Randwick LEP 2012.

 

Floor Space Ratio (Maximum)

 

1:1

1.24:1

No. See SEPP1 objection, above.

Height of Building (Maximum)

 

9.5m

10.7m

No. See SEPP1 objection, above.

Earthworks

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

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

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

 

6.3      Development Control Plan – Parking.

The proposal is considered to generally satisfy Council’s DCP – Parking. There is 1 carspace currently provided on the site within an existing garage at the rear.  This appears to be for the existing 1 bedroom unit above the pizza restaurant. No parking for the restaurant is currently provided and as no changes to the restaurant are proposed so only the additional demand generated by the proposed 3 bedroom unit has been assessed.

 

Resident Parking:

Council’s DCP-Parking requires that parking be provided for multi-unit housing at the following rates:

 

·      1 space per 1 bedroom unit

·      1.2 spaces per two bedroom unit.

·      1.5 spaces per 2 bedroom unit.

·      1 visitor space per 4 units or part thereof but none required for developments less than 4 units.

 

For the residential component of the site consisting of 1 x 1 bedroom unit and 1 x 3 bedroom unit parking demand is;

 

Parking Required     = 1 x 1 + 1 x 1.5

                          = 2.5 spaces

Parking Provided     = 2 spaces

Parking Deficiency  = 0.5 spaces

 

In this instance, development engineering has raised no objection to the minor parking deficiency.

 

Service and Delivery for Restaurant:

The proposed development will remove access to the rear right of way for the restaurant although it is noted that service and delivery vans do not currently use this access in any case. Service and delivery vans currently park in either Malabar or Torrington Road and access the restaurant via the Malabar Road frontage.

 

6.4      Section 79C(1)(b) – The likely impacts of the development

Privacy

Internal windows fronting the courtyard, facing east and west, have been designed to maintain mutual privacy between the existing and proposed dwellings. In particular, windows on the east elevation of the central courtyard are limited to highlight windows, 1500mm above ground floor level. Mutual privacy between the two dwelling units is considered to be acceptable.

 

Two east facing balconies have been proposed, at first and second floor level, and east facing windows are proposed at all levels of the proposed new dwelling. Aside from one north facing window at second floor level associated with a bedroom, no windows are located on side elevations.

 

While a line of sight may be provided from these windows and balconies to the rear yard of neighbouring properties to the east, the nearest rear yard (No. 2 Torrington Road) is located approximately 25m away (see image below). Furthermore, views to the private open space of nearby residential sites would be partially obscured by existing structures within these sites and vegetation.

 

Approximate 25m radius from rear elevation of proposed new dwelling

 

Opportunities for overlooking have been considered in the design of the 2nd floor balcony/terrace. The area of the terrace is limited to approximately 15m2, the trafficable area of the balcony does not extend to the eastern most edge of the building and a planter box is proposed along the eastern edge of the balcony. As such, sight lines from the proposed second floor balcony to private open spaces below to the north-east and east are adequately restricted.

 

Overshadowing

In relation to overshadowing impacts on adjoining properties, the applicant has stated in their SEE that:

 

“Due to the existing development density and topographical characteristics of the area, adjacent development is already extensively overshadowed, particularly by the existing built form located to the north of the site.  Additional shadows cast by the proposal fall within those cast by the adjoining built form… Notwithstanding the above the proposal casts minor additional shadows over adjoining properties throughout the day during the winter solstice, however, in this instance and the given circumstances of the case, this minor additional overshadowing is considered immaterial and acceptable…”

 

“The limited overshadowing of the proposal is acceptable in the circumstances of the case as it occurs for short periods of time and in the winter arc of the sun.  Furthermore the public benefit of the proposed quality design solution more than compensates for the existing and proposed overshadowing.”

 

Additional shadows cast by the proposed development will impact the roof and south-east facing windows of No. 325 Malabar Road (particularly at ground floor level), the northern elevation of No. 327 Malabar Road, the area occupied by the shared ROW and the western elevation of No. 2 Torrington Road in the afternoon. Given the context of the site, overshadowing impacts on adjoining properties (to the south) are not considered to be unreasonable. Current levels of solar access enjoyed by these properties is reflective of under development within the subject site.

 


Solar Access and Ventilation

The proposal is has been designed to achieve good levels of solar access to internal living areas, given the constraints and context of the site. A 5m wide courtyard is provided between the existing building and the proposed dwelling to the rear, which allows sunlight into both dwellings throughout the various parts of the day. Furthermore, skylights have been introduced to the existing structure to improve solar access, particularly during the morning, when solar access is currently limited.

 

The design of the proposal also allows for good cross ventilation and air flow through the existing and proposed dwelling. Both structures have operable windows and openings that are orientated to the east and west.

 

View Loss

Properties on the western side of Malabar Road are expected to retain district and water views over the subject site. In relation to view loss impacts from surrounding properties, the applicant has stated in their SEE that:

 

“The site and the locality in general are afforded filtered long distance eastern views and vistas.  However their extent varies on the existing built form and that of development to the east of the site.  Due to the topography of the locality properties on the western side of Malabar Road already look over the site and the new built form will not preclude this from continuing.  The proposal will not result in the material loss of any views or vistas to/from the adjoining and adjacent properties.  The site coverage, height, bulk and scale of the proposed rear built form is generally the same as that existing to the north and south respectively and is less than that previously proposed (greater setbacks to the second floor level).  The proposed works are considered to represent an appropriate infill development of the site at the rear which respects and acknowledges existing filtered view corridors and vistas from adjoining and adjacent properties. In this regard the proposal is an appropriate urban design response and solution in accordance with the accepted principles of view/vista sharing.

 

The above comments are generally supported and any minor view loss impacts on properties located on the western side of Malabar Road would not be considered inconsistent with the Principles of View Sharing established by the LEC in Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

Traffic and Parking

The proposal has been reviewed by Councils development engineer and has been assessed in relation to the provision of onsite parking, vehicle access and grades. No issues in respect to these considerations have been raised and where necessary, conditions have been recommended. 

 

Increased traffic movements associated with the proposed development would be minor and relate to those associated with an additional three bedroom dwelling. Increased traffic movements are not expected to result in unreasonable impacts on adjoining properties. Adequate onsite parking has been provided.

 

6.5      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.

 

 

 

7.    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

$542,685.00

1%

$5,426.85

 

8.        Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Local Business 3B under the 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 generally satisfies the DCP parking, except where discussed in the key issues section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 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

 

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

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 490/2012 for construction of a 3 level plus basement addition to the rear of the existing building containing an additional dwelling with carparking, laundry, bin storage, and water tank in basement at 323 Malabar Road , Maroubra 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:

 

Drawing Number

Rev.

Drawn by.

Stamped

D1 (Concept Drainage Plans and Details)

C

LMW Design Group P/L

2 August 2012

02

A

Rodney Albert Yannakis

2 August 2012

03

A

Rodney Albert Yannakis

2 August 2012

04

A

Rodney Albert Yannakis

2 August 2012

05

A

Rodney Albert Yannakis

2 August 2012

06

A

Rodney Albert Yannakis

2 August 2012

07

A

Rodney Albert Yannakis

2 August 2012

08

A

Rodney Albert Yannakis

2 August 2012

09

A

Rodney Albert Yannakis

2 August 2012

10 (colours and materials)

A

Rodney Albert Yannakis

2 August 2012

 

BASIX Certificate

No.

Dated

323 Malabar Road

324055S

Thursday 26 July 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

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 surface finishes to the development must be consistent with the Drawing No. 10 referenced in Condition No. 1 of this consent.

 

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 $542,685.00, the following applicable monetary levy must be paid to Council: $5,426.85.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

8.       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.

 

Design Alignment levels

9.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath at the Right of Way frontage on Torrington Road.

 

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

 

10.     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

11.     Plans submitted for the construction certificate shall demonstrate compliance with the following requirements

a)  The finished surface level on the driveway at the Right of Way boundary and the proposed resurfacing of the Right of Way must be designed and constructed to ensure stormwater runoff from the Right of Way is not directed into the basement garage.

b)  The internal access driveway and carspaces must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking.

 

Stormwater Drainage

12.     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.

 

13.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage in Malabar Road by gravity (preferably without the use of a charged system) in general accordance with concept drainage plan by LMW Design Drawing D1 revision C and stamped by Council 2nd August 2012.

     

Site seepage & Dewatering

14.     Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

 

a)    Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

b)    Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).

 

c)    The walls of the basement level/s of the building are to be waterproofed and tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

d)    Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

               

e)    Details of the proposed stormwater drainage system including methods of tanking/waterproofing the basement level/s and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate documentation.

 

Waste Management

15.     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 and the number and size of occupancies.

·       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.

 

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

16.     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).

 

Access & Facilities

17.     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) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.

 

BASIX Requirements

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

 

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

 

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

 

Site stability and construction work

19.     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.

 

Construction Traffic Management

20.     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

 

          Public Utilities

21.     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.

 

22.     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 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.

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

c)     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

24.     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 Site Management Plan

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

 

·          location and construction of protective 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

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

·          Details of re-use, recycling and disposal of waste 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.

 

Construction Noise & Vibration Management Plan

27.     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.

 

Public Liability

28.     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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

 

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

 

Inspections during Construction

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

 

Building & Demolition Work Requirements

30.     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 & Regulations

·           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

31.     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.

 

Excavations, Back-filling & Retaining Walls

32.     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, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.

 

Support of Adjoining Land

33.     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.

 

Sediment & Erosion Control

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

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Dust Control

35.     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.

 

Temporary Site Fencing

36.     Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:

 

a)     Temporary site fences or hoardings 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.

 

b)     Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.

 

c)     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.

 

d)     An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:

·       materials are to be hoisted (i.e. via a crane or hoist) over a public footway;

·       building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;

·       it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;

·       as may otherwise be required by WorkCover, Council or the PCA.

 

Notes:

·       Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.

 

·       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.

 

Public Safety & Site Management

37.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

a)     Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

b)     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.

 

c)     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.

 

d)     Access gates and doorways within site fencing, hoardings and temporary site buildings or amenities must not open outwards into the road or footway.

 

e)     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.

 

f)      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.

 

Site Signage

38.     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

39.     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

40.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

·          prior to construction (pouring of concrete) of footings and boundary 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

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

 

Tree Removal

42.     Approval is granted for removal of the two Cocos Palms at the rear of the site as this species is not covered by Council’s Tree Preservation Order (TPO).

 

Right of Way Access

43.     As access to the rear of the properties at 307-321 Malabar Road via the existing Right of Way will be affected by the proposed resurfacing within 323 Malabar Road and the required new vehicle crossing on Torrington Road the applicant/builder shall inform all affected parties in writing of the expected time frame for these works. A minimum of 48hours notice must also be given prior to any works requiring closure of the right of way and shall be kept to a minimum as much as possible so as to minimize disruption to affected parties. At all other times access through the Right of Way must be maintained.

 

Road/Asset Opening Permit

44.     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 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.

 

·           The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

·           Relevant Road/Asset Opening Permit fees, repair 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.

 

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

 

Stormwater Drainage

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

 

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

 

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

46.     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 Certificates

47.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, encompassing 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 copy of the Fire Safety Certificate 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

48.     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

49.     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.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Subdivision Certificate, whichever the sooner.

 

BASIX Requirements & Certification

50.     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 any relevant BASIX commitments and requirements have been satisfied.

 

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

 

Occupant Safety - Windows

51.     Openable windows to a room, corridor, stairway or the like in a residential building (or part) 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 (excluding openings upon the front or any street elevation of the building), such as a metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·          Other appropriate effective safety measures or barriers.

 

The relevant safety measures must be implemented prior to the issue of an Occupation Certificate.

 

Noise Control Requirements & Certification

52.     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.

 

53.     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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

54.     The applicant must meet the full cost for Council or a Council approved contractor to:

 

a.       Construct new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the Right of Way on Torrington Road.

 

    NOTE:

A minimum of 48 hours written notice shall be given to affected parties of the Right of Way to inform them of any interruptions to access.

 

55.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to 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.

 

Stormwater Drainage

57.     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.

 

58.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional Engineer, to the satisfaction of the Principal Certifying Authority confirming that the basement tanking/waterproofing and any sub-soil drainage systems (as applicable) have been provided in accordance with the conditions of consent and relevant Standards.

 

Waste Management

59.     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 premises.

 

OPERATIONAL CONDITIONS

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

 

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

 

Fire Safety Statements

60.     A single and complete Fire Safety Statement (encompassing all of the fire safety measures upon the premises) must be provided to the Council in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000

 

The Fire Safety Statement must be provided on an annual basis each year following the issue of the Fire Safety Certificate, and other period if any of the fire safety measures are identified as a critical fire safety measure in the Fire Safety Schedule

 

The Fire Safety Statement is required to confirm that all the fire safety measures have been assessed by a properly qualified person and are operating in accordance with the standards of performance specified in the Fire Safety Schedule.

 

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

 

Environmental Amenity

61.     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.

 

62.     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.

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development.

 

63.     The written approval of council must be obtained prior to the installation of any cooling towers.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’ or ‘Strata Certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

64.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those of the building as constructed.

 

65.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in the approved building plans for the site.

 

66.     The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres.

 

67.     A formal subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all conditions of this development consent are required to be satisfied prior to the release of the strata plans.

 

68.     If a ‘Plan of Redefinition’ for the property is prepared, a copy shall be forwarded to Council prior to receiving strata subdivision approval.

 

69.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier prior to the issuing of a strata certificate.

 

70.     The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

A1      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.

 

A2      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A3      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A4      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).

 

A5      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

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

 

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

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

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

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

 

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

 

A7      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.

 

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

 

A9      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.

 

A10    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.

 

A11    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.

 

A12    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.

 

A13    Swimming/spa 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.

 

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

 

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP88/12

 

 

Subject:                  42-44 Eurimbla Avenue, Randwick (DA/609/2012)

Folder No:                   DA/609/2012

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Subdivision of the existing semi detached dwelling into 2 Torrens title lots

Ward:                      West Ward

Applicant:                Mr S G Sarkis

Owner:                         Mr S G Sarkis & Mr M M Sarkis

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


Executive Summary

 

The application has been referred to Council and has been assessed by an external consultant as the applicant is related to a Council employee.

 

The proposal is for the Torrens Title subdivision of the existing property at 42-44 Eurimbla Avenue, Randwick. The site contains two dwellings which are semi-detached, and this proposal seeks to formally subdivide the site into two (2) lots.

 

The site has a total area of 450m2 and has a frontage of 13.41 metres to Eurimbla Avenue. Each dwelling has vehicular access from Eurimbla Avenue and a single carport at the front.

 

The application will result in proposed Lot 1 (No. 42) being 221m2 in size with a 6.725 metre frontage. Proposed Lot 2 (No. 44) will be 229m2 in size with a 6.685 metre frontage.

 

There are no changes proposed to the dwellings, which have existed on the site for many years (approximately 100 years).

 

The site is located in Eurimbla Avenue, which contains residential dwellings. The properties located on the eastern side of the street are larger lots containing detached dwellings. The properties located on the western side of the street (where the subject site is located) are smaller lots, predominantly containing semi-detached dwellings. The adjoining properties along the western side of Eurimbla Avenue which contain the semi-detached dwellings appear to have been previously subdivided.

 

The site is zoned Residential 2A under the Randwick Local Environmental Plan 1998 (Consolidation). The proposed subdivision will result in two (2) lots which are less than the minimum lot size required under the Randwick Local Environmental Plan 1998 (Consolidation). A State Environmental Planning Policy No. 1 (SEPP No. 1) Objection has been submitted with the development application seeking a variation to this control. As will be detailed in this report, the proposed subdivision will formalise the existing allotment arrangement. The semi-detached dwellings are independent and are separated by a party wall and boundary fencing. Each has access to services and an on-site parking space. The proposed subdivision will follow the subdivision pattern of the western side of Eurimbla Avenue.

 

It is recommended that the application be approved subject to conditions.

 

1.    The Proposal

 

The proposal is for the Torrens Title subdivision of the existing property at 42-44 Eurimbla Avenue, Randwick. The site contains two dwellings which are semi-detached, and this proposal seeks to formally subdivide the site into two (2) lots.

 

Proposed Lot 1 (No. 42) will be 221m2 in size with a 6.725 metre frontage. Proposed Lot 2 (No. 44) will be 229m2 in size with a 6.685 metre frontage.

 

There are no changes proposed to the dwellings.

 

Currently, there is a low fence at the rear of the dwellings which separate the rear yards, however this fence is not solid and does not extend for the length of the yards (i.e. between the dwellings and the rear fence). It is proposed to include a condition of consent requiring a new boundary fence separating the two allotments with a maximum height of 1.8 metres to be erected at the rear of the dwellings, between the rear yards, in accordance with the approved subdivision line.

 

2.    The Subject Site and Surrounding Area

 

 

The site is known as 42-44 Eurimbla Avenue, Randwick, or Lot 24 in DP 7745. The site contains two semi-detached dwellings which front Eurimbla Avenue. The dwellings are believed to have existed on the site for approximately 100 years.

 

The site has a total area of 450m2 and has a frontage of 13.41 metres to Eurimbla Avenue. Each dwelling has vehicular access from Eurimbla Avenue and a single carport at the front. No. 44 also contains two (2) sheds.

 

A photo of the site is provided below:

 

 

The site is located in Eurimbla Avenue, which contains residential dwellings. The properties located on the eastern side of the street are larger lots containing detached dwellings. The properties located on the western side of the street are smaller lots, predominantly containing semi-detached dwellings. The adjoining properties along the western side of Eurimbla Avenue which contain the semi-detached dwellings appear to have been previously subdivided.

 

To the east of the site is The Prince of Wales Hospital, and to the west is the University of NSW. Located to the north-west of the site is Randwick Racecourse. The site is within close proximity to public transport (being bus services operating along the main routes of High Street, Botany Street, Belmore Road and Avoca Street) and is also close to shops (Randwick Plaza and Royal Randwick Shopping Centre to the north-east).

 

3.    Site History

 

The site has been used for residential purposes for many years. The Statement of Environmental Effects submitted with the Development Application states that the dwellings are approximately 100 years old.

 

The only previous application submitted to Council was a Building Application in 1978 for a carport (BA/105/1978), which was approved.

 

4.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development between 27 September and 12 October 2012, in accordance with the DCP – Public Notification. There were no submissions received as a result of this notification.

 

5.    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:-

 

Development Engineer Referral

“An application has been received for torrens title subdivision of the above site into 2 lots.

 

This report is based on the following plans and documentation:

·      Draft Subdivision Plans by Hill & Blume Surveyors stamped by Council 24th September 2012;

·      Statement of Environmental Effects by KP Planning stamped by Council 24th September 2012;

 

Parking Comments

Both dwellings have access to off-street parking (single space) via the existing driveways and carports. There are no objections to the subdivision of the property from Development Engineering

 

6.    Master Planning Requirements

 

The site and the proposed development are not affected by any Master Planning requirements.

 

7.    Relevant Environmental Planning Instruments

 

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

 

-     Section 79C of the Environmental Planning and Assessment Act, 1979.

-     State Environmental Planning Policy No. 55 Remediation of Land.

-     Randwick Local Environmental Plan 1998 (Consolidation).

-     Draft Randwick Local Environmental Plan 2011.

-     Development Control Plan – Dwellings Houses and Attached Dual Occupancies.

-     Development Control Plan – Parking.

-     Development Control Plan for Public Notification of Development Proposals and Council Plans.

-     Contaminated Land Policy 1999.

-     Waste Management Guidelines for Proposed Developments.

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 10 – Zone No 2A (Residential A Zone)

“(1)   The objectives of Zone No 2A are:

(a)    to provide a low density residential environment, and

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

(c)    to protect the amenity of existing residents, and

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

(e)    to encourage housing affordability, and

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

 

The proposed subdivision of the site satisfies the objectives of the 2A zone, in that the low density environment will be retained. The proposal will not result in additional dwellings on the site. The proposal will not alter the existing dwellings in terms of setbacks, open space, height, site coverage, solar access, or relationship to the adjoining properties. The number of dwellings will not change and there is no impact on housing affordability.

 

The proposed subdivision will formalise the dwellings being on separate lots, which will be consistent with the adjoining development and subdivision pattern along the western side of Eurimbla Avenue.

 

Under Clause 10, attached dual occupancies and dwellings are permissible with consent. The existing semi-detached dwellings on the site will not be altered.

 

Clause 20B – Minimum Allotment Size

“(3) The minimum allotment size for the erection of a dwelling house within Zone No 2A is 400 square metres and the allotment must have a frontage of at least 12 metres.”

 

The proposed subdivision will result in two (2) lots being under the minimum 400m2 lot size requirement. Proposed Lot 1 (No. 42) will be 221m2 in size with a 6.725 metre frontage. Proposed Lot 2 (No. 44) will be 229m2 in size with a 6.685 metre frontage.

 

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


Matter 1

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

 

FSR - Clause 20B

The stated purpose of the minimum allotment size standard as outlined in the LEP is:

 

“To establish minimum requirements for the subdivision of land within residential zones in order to protect and improve local amenity.”

 

The applicant has submitted a SEPP No. 1 variation to the minimum allotment size, on the basis that this provision is unreasonable and unnecessary in this instance, for the following reasons:

 

-    The semi-detached dwellings were constructed approximately 100 years ago and have existed as two separate entities since that time.

-    No. 42 and 44 are separately rated by Council and have access to water, sewer and electricity.

-    The proposed subdivision will follow the established subdivision pattern along the western side of Eurimbla Avenue, and will follow the existing party wall and diving fence line separating the two dwellings.

 

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

 

-    The proposal will result in 2 lots which will be consistent with the subdivision pattern along the western side of Eurimbla Avenue.

-    The semi-detached dwellings on the site are already independent and have their own access to electricity, water and sewage.

-    Each dwelling also has an on-site parking space under a carport at the front of the site, and designated rear yards.

-    The Torrens Title subdivision proposed will formalise the existing layout of the site.

-    No building works are proposed and the dwellings will not be altered in any way.

-    The proposal will not alter the character of the street or change the built form in any way.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will maintain the desirable attributes of the established low density residential area and protect the amenity of the existing residents.

 

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 variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not prohibit the best use of the site, which is existing, and there is no public benefit in maintaining the control.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed subdivision 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 non-compliance will not be contrary to the underlying objective or purpose of the standard. The subdivision pattern of the immediate area will be maintained.

Third

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

 

Comments:

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

Fourth

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

 

Comments:

It is not considered that the minimum allotment size standard has been abandoned or discarded by any decision or actions of Council. The subdivision of the adjoining lots in Eurimbla Avenue appears to have been done many years ago under previous planning instruments.

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. The use of the land for residential purposes will not change.

 

Clause 21 – Subdivision—consent requirements

“(1) Land to which this plan applies may be subdivided, but only with consent.”

 

Approval is sought for the subdivision of the site under this application.

 

Clause 22 – Services

“The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.”

 

Both dwellings have access to electricity, water, sewage and drainage.

 

Clause 28 – Tree Preservation Orders

No trees are proposed to be removed from the site.

 

Clause 42B – Contaminated land

The site has a long history of residential use. There have been no known uses on the site which would have resulted in contamination.

 

7.1         Policy Controls

 

a.    Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Council’s Development Control Plan for Dwelling Houses and Attached Dual Occupancies relates to the construction of new dwellings, dual occupancies, or alterations and additions to these types of development.

 

The only control relating to subdivision is under Section 4.2 – Floor Area. The objective of this control is to ensure developments are not excessive in bulk or scale, and are compatible with the existing character of the locality.

 

Section 4.2 refers to Clause 30 of the Randwick Local Environmental Plan, which requires a minimum allotment size of 450m2 and a frontage of 12 metres for each allotment containing a dwelling house or attached dual occupancy. The minimum allotment size for the subdivision of an attached dual occupancy in the 2A zone is 900m2.

 

As detailed in this report, the proposal seeks a variation to the lot size requirements under the Local Environmental Plan. It is noted that the lot size requirements differ from that required under the current Randwick Local Environmental Plan 1998 (Consolidation), which is the prevailing instrument. For the reasons outlined in this report, the variation sought to the lot size is considered satisfactory in this instance, given the dwellings have existed on the site for many years and the subdivision will not alter the subdivision pattern of the immediate area, it will not increase density, and will not alter the built form on the site.

 

b.    Development Control Plan – Parking

The Development Control Plan requires that, “1 space per dwelling house with 2 or less bedrooms.”

 

At the front of each dwelling is a carport providing on-site parking for one car on each proposed lot. The subdivision will satisfy the parking controls required for dwellings.

 

c.    Development Control Plan – Public Notification of Development Proposals and Council Plans

The development application has been appropriately notified in accordance with the provisions of this development control plan.

 

The application was notified from 27 September 2012 to 12 October 2012. No submissions were received during this notification period.

 

d.    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 up to $100,000

$0

Nil

Nil

 

7.2    Council Policies

 

Contaminated Land Policy 1999

There is no evidence that the site has experienced contamination. The dwellings have existed on the site for approximately 100 years.

 

Waste Management Guidelines for Proposed Developments

No building works are proposed. A waste management plan is not required for the proposed subdivision.

 

Acid Sulfate Soils Guide

The site is not affected by Acid Sulfate Soils.

 

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.

 

While a variation is sought to the minimum allotment size requirement under the RLEP, it is considered that the non-compliance can be supported as the proposed subdivision will not alter the built form on the site. The proposed subdivision will formalise the independence of the two dwellings and will be consistent with the subdivision pattern along the western side of Eurimbla Avenue.

 

The proposal will have no impact on the adjoining properties in terms of solar access, outlook, privacy or open space.

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

This assessment has been undertaken with regard given to the draft Randwick Local Environmental Plan 2011.

 

The following provisions of the draft Local Environmental Plan have been considered in relation to the proposed use.

 

The subject site is proposed to be zoned R2 Low Density Residential. The proposed subdivision is permissible under the zone.

 

The draft Local Environmental Plan allows for a floor space ratio of 0.5:1 and a maximum height of 9.5 metres. The floor space and building height will not alter through this proposal.

 

The draft Local Environmental Plan requires a minimum allotment size of 400m2. As detailed in this report, the proposal seeks a variation to the lot size requirement as the proposed lots will be less than 400m2 (being the current control). For the reasons outlined in this report, it is considered that the variation can be supported.

 

The site is not affected by acid sulphate soils or flooding.

 

There are no trees being removed from the site.

 

The site is not classified as a heritage item or as within a conservation zone.

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

With the exception of lot size (as already detailed in this report), the provisions of Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies are not applicable to this proposal.

 

The proposal complies with the parking requirements under the Development Control Plan for 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

It is not considered that the proposal will have an adverse impact on the natural or built environment.

 

The proposed development is consistent with the subdivision pattern along the western side of Eurimbla Avenue. The proposal will not alter the built form or result in the removal of any vegetation.

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 existing development is well suited for the site and will not be altered. 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 were received for this application. 

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 2:               Vibrant and diverse community

Direction 2a:             Maintain a current understanding of our community’s needs.

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

 

 

Conclusion

 

The application proposes the Torrens Title Subdivision of an existing property containing a pair of semi-detached dwellings into two (2) lots. The application will result in proposed Lot 1 (No. 42) being 221m2 in size with a 6.725 metre frontage. Proposed Lot 2 (No. 44) will be 229m2 in size with a 6.685 metre frontage.

 

There are no changes proposed to the dwellings.

 

The proposed subdivision will result in two (2) lots which are below the minimum lot size required under the Randwick Local Environmental Plan 1998 (Consolidation). A State Environmental Planning Policy No. 1 (SEPP No. 1) Objection has been submitted with the development application seeking a variation to this control. The proposed subdivision will formalise the existing allotment arrangement. The semi-detached dwellings are independent and are separated by a party wall and boundary fencing. Each has access to services and an on-site parking space.

 

The site is located in Eurimbla Avenue, which contains residential dwellings. The properties located on the eastern side of the street are larger lots containing detached dwellings. The properties located on the western side of the street are smaller lots, predominantly containing semi-detached dwellings. The adjoining properties along the western side of Eurimbla Avenue which contain the semi-detached dwellings appear to have been previously subdivided. The proposed subdivision will follow the established subdivision pattern of the western side of Eurimbla Avenue.

 

It is recommended that the SEPP No. 1 Objection submitted seeking a variation to the minimum allotment size requirement be supported, and that the application be approved 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 Clause 20B of Randwick Local Environmental Plan 1998, relating to minimum allotment size, on the grounds that the proposed development complies with the objectives of the above clause, 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. 609/2012 for the subdivision of semi-detached dwellings into two (2) Torrens Title lots, at No. 42-44 Eurimbla Avenue, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Proposed Subdivision of No. 42-44 Eurimbla Avenue, Randwick, Issue “A”

Hill & Blume Consulting Surveyors

12/09/12

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

 

2.       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.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to the issuing of a Subdivision Certificate.

 

3.       The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres.

 

4.       A formal subdivision application is required to be submitted to and approved by the Council and all relevant conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

5.       A new boundary fence separating the two allotments with a maximum height of 1.8 metres is to be erected at the rear of the dwellings, between the rear yards, in accordance with the approved subdivision line.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP89/12

 

 

Subject:                  6 Alma Road, Maroubra (DA/596/2012)

Folder No:                   DA/596/2012

Author:                   Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                     Alterations and additions to the existing Community Senior Citizen Centre including new disabled entry ramp and entry stairs to the front of the site, internal refurbishment including new kitchen, disabled amenities, and new storeroom, changes to building facade and openings on elevation, installation of new skylights and solar panels on the roof

Ward:                      Central Ward

Applicant:                Randwick City Council

Owner:                         Randwick City Council

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject land contains the Maroubra Senior Citizens Centre which is owned by Randwick Council and used for community purposes.

 

The applicant is Randwick Council and this assessment report has been prepared by an external planning consultant (Plandev Pty Ltd).

 

This application seeks approval for alterations and additions to the existing building on the site. The proposed changes will provide better access for disabled persons and improve the appearance of the building when viewed from the street.

 

In addition, the changes to the internal layout will improve the amenity for the users of the centre and provide better energy performance.

 

There will be no adverse impacts to surrounding residences.

 

The proposal is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal involves alterations and additions to the existing Senior Citizen Centre including a new disabled entry ramp and entry stairs to the front of the site, internal refurbishment including a new kitchen, disabled amenities, and a new storeroom, changes to the building facade and openings on the street and western elevations and the installation of a new day light system and solar panels on the roof.

 

The proposed changes will not result in any additional floorspace. There will be no change to the hours of operation of the premises or the community use of the building.

 

A detailed description of the proposed changes is provided below:

 

Demolition of the existing:

 

·      disabled entry ramp, stairs and garden bed;

·      building fascia and eaves soffit lining;

·      internal air conditioning plant room; and

·      internal stairs.

 

Construction involving:

 

·      a new disabled entry ramp providing level access to the hall, new entry stair and garden bed compliant with AS1428.1_2009;

·      an expansion of the existing hall storage space;

·      the provision of new disabled amenities compliant with AS 1428.1_2009; and

·      a new colorbond metal fascia and eaves soffit lining to the extents of the demolished existing fascia and soffit finishes.

 

Replacement of the:

 

·      existing windows spandrel panels with colour backed glass;

·      existing glazed entry door and vestibule door with new aluminium glazed doors and sidelights; and

·      lay-in tile ceiling and services with new acoustic ceiling tiles and lighting to improve thermal performance of building and energy consumption of artificial lighting.

 

Installation of:

 

·      a new commercial grade kitchen compliant with food safety codes;

·      a natural daylight system to reduce artificial lighting energy consumption running costs; and

·      roof mounted photovoltaic solar cells to reduce the halls operational energy costs.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the northern side of Alma Road, approximately 60m east of its intersection with Anzac Parade, Maroubra.

 

The site has an area of approximately 340m2 and is rectangular is shape. The site contains a two storey commercial building currently used for community purposes (refer to Figure 1).

 

The building footprint occupies most of the site and there is no on-site parking.

 

The building is known as the Maroubra Senior Citizens Centre and is available for functions, birthdays etc. by booking request through Council. 

 

Figure 1: The front of the building from Alma Road

 

The adjoining property to the west contains a multi storey residential flat development with the upper level balconies overlooking the roof of the existing building on the site. The balconies are approximately 12m from the common boundary of the site. 

 

Land to south of the site across Alma Road consists of 3-4 storey walk up flats.

 

Land to the north and east of the site is characterised by low density residential development generally 1-2 storey detached dwelling houses.

 

 

4.    Site History

 

The existing building on the site was approved by Council (BA/950/1978/Z) as a Senior Citizens centre on 1 January 1978.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  The application was also advertised in the local newspaper on 25 September 2012.  As a result of this notification, the following submissions were received:-

 

5.1 Objection

One (1) objection was received from the occupier of an apartment at No. 818 Anzac Parade adjoining to the west of the site. The concerns raised are:

 

·      adverse reflection of sunlight from the proposed daylight (skylight) system on the roof;

·      potential adverse noise and health impacts from new mechanical equipment;

·      need to repaint the roof a darker colour to minimise glare; and

·      the installation of equipment to the roof should be minimised to avoid disturbance to the neighbours.

 

The concerns are addressed in Section 8.1 of this report.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

Building Surveyor

The proposed alterations are supported by Council’s building surveyor, subject to the imposition of standard conditions on the consent.

Development Engineer

No issues have been raised by Council’s Development Engineer, subject to the imposition of standard engineering conditions on the consent.

 

7.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

Part 1 Section 2 sets out the broader aims of the LEP. The relevant aim (d) seeks to ensure the economic and efficient provision of public services. The proposal will ensure the building amenities and access is suitably upgraded to meet the needs of the community.

 

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

 

The objectives of Zone No 2B are:

(a)  to provide for a low to medium density residential environment, and

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

(c)  to protect the amenity of existing residents, and

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

(e)  to encourage housing affordability, and

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

 

The proposal is consistent with the relevant objectives (b), (c) and (d) of the zone, in that it will:

·      improve the appearance of the building and enhance the streetscape;

·      be compatible with the residential character of the street;

·      ensure the facility continues to operate in a viable manner for the benefit of the community.

 

The principal development standards under Part 2B relating to landscaped area, floor space ratio and building height are not applicable to this proposal which only seeks minor alterations including internal refurbishment, new access and external finishes.

 

There are no other special provisions which apply to the proposal.

 

(b)    Draft Randwick Local Environmental Plan 2012

The subject site is zoned R3 Medium Density Residential under draft LEP 2012. The proposal is permissible with consent in the R3 zone. There are no other special provisions relevant to the proposal under Draft LEP 2012. 

 

7.1 Policy Controls

a.    Development Control Plan Parking

There will be no increase in floorspace as a result of the proposed alterations and no additional demand for parking on the site.

 

7.2 Council Policies

Solar Energy

The proposal involves the installation of photo voltaic cells on the roof of the premises for solar energy purposes. The proposal is therefore consistent with Council’s policy to use economical energy sources in Council buildings.

 

8.    Environmental Assessment

 

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

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone. These have been addressed in Section 8 of this report.

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

The site is zoned R3 Medium Density Residential under draft LEP 2012. The proposal is permissible with consent in the R3 zone.

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 proposal will improve access to the building for disabled persons. The external changes to the street front façade will improve the appearance of the building.

 

The new kitchen and the removal of the internal stairs to make way for storage and disabled amenities will provide better amenity for users of the building.

 

The proposal will therefore have a positive social and economic impact.

 

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

The site has been continually used for community purposes for is therefore suitable for the proposed development.

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

 

The concerns raised in the submission are addressed below.

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

The proposal is in the public interest because it will improve the access and useability of an important community facility.

 

 

8.1      Key Issues

 

Disabled Access

The new disabled access ramp and stairs will comply with Australian Standard 1429.1- 2009 and provide at-grade access into the main hall which currently contains a step prohibiting level access for a person in a wheelchair.

 

In addition, accessible toilet facilities will now be provided in accordance with the Building Code of Australia and Australian Standard 1428.1.

 

The proposal will provide significant improvements in terms of disabled access and amenities.

 

Environmental Sustainability

The proposal will introduce energy efficient fittings and fixtures including light fittings, toilets with a 3 star energy rating and kitchen whitegoods with a 4 star energy rating. It is also proposed to introduce a daylighting system to reduce the need for artifical lighting and install photovoltaic cells to capture solar energy to feed back into the power grid.

 

The proposed development is acceptable in regard to environmental sustainability measures.

 

Impact to Surrounding Residential Properties

The proposal will not involve any change to the existing floor space or the use of the building.

 

The will be no change to the external building envelope and no additional impacts in terms of overshadowing, visual bulk or privacy to neighbouring residential properties.

 

Concerns were raised from the occupiers of an apartment at No. 818 Anzac Parade. The balcony of the subject apartment is approximately 12m from the common boundary and overlooks the site.

 

The proposed solatube daylight system will not result in any adverse glare impacts to neighbouring properties. The daylight system is designed to draw light into the building as opposed to reflecting light away from the building. 

 

The proposal will involve the addition of a disabled toilet exhaust hood on the roof and the existing air conditioning plant will be retained. There will be no additional noise or odour impacts to surrounding properties.

 

The request to repaint the roof to a darker colour is not supported because this aspect does not form part of the works proposed in the application.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4a:      Excellence in urban design and development.

Direction4a:       Improved design and sustainability across all development

 

Financial Impact Statement

 

The cost to Council for the preparation of the application and associated consultancy fees is $290,000.

 

Conclusion

 

The proposed development will facilitate the upgrade of a Council owned community facility.

 

The changes will improve the buildings appearance when viewed from the street and result in better access and amenity for the users of the building.

 

The changes will introduce energy efficient measures and is consistent with Council’s policy for sustainable Council owned buildings.

 

The application is recommended for approval subject to conditions

 

 

Recommendation

 

That Council as the consent authority grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/596/2012 alterations and additions to the existing Community Senior Citizen Centre including new disabled entry ramp and entry stairs to the front of the site, internal refurbishment including new kitchen, disabled amenities, and new storeroom, changes to building facade and openings on the street and western elevation, installation of new skylights and solar panels on the roof for at 6 Alma Road, Maroubra,  subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

 

Plan

Drawn by

Dated

DA A001

Site Plan

MDV Design

12.09.12

 

DA A002

Hall Ground Floor Renovation Plan

MDV Design

12.09.12

DA A003

Hall Reflected Ceiling Renovation Plan

MDV Design

12.09.12

DA A004

Hall Roof Renovation Plan

MDV Design

12.09.12

DA A005

Hall Elevations Renovation

MDV Design

12.09.12

DA A006

Hall Elevations Colour Scheme

MDV Design

12.09.12

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       The colours, materials and surface finishes to the development must be consistent with the relevant plans, documentation and colour schedules provided with the development application.

 

Design Alignment levels

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

 

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.

 

Sydney Water Requirements

6.       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 prior to issuing the 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 & Relevant Standards

7.       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).

 

8.       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) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority. 

 

Site stability and construction work

9.       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, support 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 adjoining 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.

 

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.

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

c)     a principal contractor must be appointed for the building work and the requirements of the Home Building Act 1989 must be satisfied 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.

 

            Construction Noise & Vibration

11.     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 provisions of the Protection of the Environment Operations Act 1997 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 and Vibration Management Plan, prepared in accordance with the DECC Construction Noise Guideline, by a suitably qualified person is to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the plan must be provided to the Council and Principal Certifying Authority prior to the commencement of site works.

 

Public Utilities

12.     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.

 

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

 

Public Liability

14.     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.

 

Demolition Work & Removal of Asbestos Materials

15.     Demolition work must be carried out in accordance with the following requirements:

 

a)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

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

16.     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

17.     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 & Regulations

·           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.

 

Excavations, Back-filling & Retaining Walls

18.     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, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.

 

Support of Adjoining Land

19.     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.

 

Sediment & Erosion Control

20.     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

21.     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.

 

Temporary Site Fencing

22.     Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:

 

a)     Temporary site fences or hoardings 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.

 

b)     Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.

 

c)     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.

 

d)     An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:

 

·       materials are to be hoisted (i.e. via a crane or hoist) over a public footway;

·       building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;

·       it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;

·       as may otherwise be required by WorkCover, Council or the PCA.

 

Notes:

·       Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.

 

·       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.

 

Public Safety & Site Management

23.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with to the satisfaction of Council:

 

a)     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.

 

b)     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.

 

c)     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.

 

d)     Access gates and doorways within site fencing, hoardings and temporary site buildings or amenities must not open outwards into the road or footway.

 

e)     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.

 

f)      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.

 

Site Signage

24.     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

25.     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

26.     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 boundary 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

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

 

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

 

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

 

Occupation Certificate Requirements

28.     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 Certificates

29.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, encompassing 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 copy of the Fire Safety Certificate 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

30.     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

31.     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.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Subdivision Certificate, whichever the sooner.

 

 

Noise Control Requirements & Certification

32.     The operation of 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 Office of Environment and Heritage (EPA) Noise Control Guidelines.

 

33.     A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any 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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

34.     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.

 

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

 

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.

 

Fire Safety Statements

36.     A single and complete Fire Safety Statement (encompassing all of the fire safety measures upon the premises) must be provided to the Council in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000

 

The Fire Safety Statement must be provided on an annual basis each year following the issue of the Fire Safety Certificate, and other period if any of the fire safety measures are identified as a critical fire safety measure in the Fire Safety Schedule

 

The Fire Safety Statement is required to confirm that all the fire safety measures have been assessed by a properly qualified person and are operating in accordance with the standards of performance specified in the Fire Safety Schedule.

 

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

 

Environmental Amenity

37.     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.

 

Noise

38.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, cause a vibration nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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 $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 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.

 

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      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.

 

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      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      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.

 

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

 

A11     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     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A13     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.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A14     Swimming/spa 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.

 

A15     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.

 

A16     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.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP90/12

 

 

Subject:                  5 Albert Street, Randwick (DA/354/2012)

Folder No:                   DA/354/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Proposed attic style addition to existing multi unit housing building, SEPP 1 Objection to Floor Space Ratio

Ward:                      East Ward

Applicant:                Absolute Attics

Owner:                         Owners Strata Plan 20331

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

Executive Summary

 

The application details the alterations to the existing dwelling within the existing multi unit housing development including the conversion of a portion of the existing roof space into a habitable attic for use in conjunction with that dwelling immediately below.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection to the Floor Space Ratio which exceeds 10%.

 

The main issue is any impact upon the amenity of the adjoining properties in terms of privacy.

 

The application is recommended for approval.

 

1.    The Proposal

 

The application details minor internal alterations to dwelling No.3 to provide a new wall to an existing wall opening to bedroom 1, and install new flooring to bedroom 2 and the family room and remove an existing spiral staircase that connects the dining area to the roof space above. Within the existing roof space above this dwelling an attic is proposed to contain two rooms and a bathroom with light and ventilation to those areas provided by openable roof lights and a panel of windows in the eastern elevation.

 

2.    The Subject Site and Surrounding Area

 

The site is on the south western corner of Albert and Llanfoyst Streets and currently contains an existing storey multi dwelling building containing 5 dwellings. The site has overall dimensions of 20.17m x 28.425/31.89m and an area of 712m². The locality is residential in nature and contains predominantly multi dwelling housing.

 

3.    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:-

 

Issue

Comment

Unit 1/5 Albert Street Randwick

-It appears that building materials are to be stored in a common property passageway which contravenes an agreement that they would only be stored on the owners property.

 

-The windows shown on the plans are not those agreed to and voted upon at the Owners Corporation Meeting.

 

Unit 4/7 Albert Street Randwick

-There will be a significant increase in windows and impact upon privacy into their building.

 

 

 

 

 

 

-The windows are unnecessary as the existing windows seem to have adequately addressed their purpose for many years.

 

-The windows do not comply with Council’s privacy requirements for a minimum height of 1600mm in opaque glass.

 

 

-There are no views to be gained by these windows.

 

 

-The additional floor space will be in excess of Council floor space ratio requirements.

 

The application has been amended to delete the note on the plans that building materials are to be stored to the southern side of the building.

 

 

Amended plans have been received under seal from the owner’s corporation.

 

 

 

The application proposes four roof windows and a skylight all of which are flush with the roof line. There is a panel of windows in the eastern façade of the building which are more than 25m from the objectors building on the opposite of the street, and this separation will maintain privacy to that building.

 

The new windows are appropriate for the new attic which will be used for habitable purposes.

 

 

The significant separation between the two buildings as noted above will maintain privacy to the building opposite and therefore there is no need to have those windows opaque.

 

The windows because or their position will be used for light and ventilation to the attic space.

 

The additional floor area, as does the existing building, exceeds the Council floor space ratio control. See further discussion in the SEPP 1 assessment.

 

4.    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 2C under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2C zone must provide a minimum of 50% of the total site area as landscaped area. The proposed development does not alter the existing level of landscaping to the site.

 

Clause 20F Floor Space Ratios

The maximum floor space ratio for buildings other than buildings erected for the purpose of a dwelling house within 2C zones is 0.65:1 where the site is less than 700m² in area. This proposal will result in the total floor space ratio of the buildings on site being 1.18:1 which exceeds this control and a SEPP 1 Objection has been lodged by the applicant and is discussed below.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2C zone is 12m from any point on ground level with a maximum external wall height of 10m. The proposed development does not exceed these controls.

 

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

The proposal seeks to vary development standards contained within RLEP 1998. A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clauses 20E of RLEP 1998, the maximum floor space ratio within a 2C zone where the site is less than 700m² is 0.65:1. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

Proposal

1.18:1 (836m²)

LEP development standard

0.65:1 (543m2)

Excess above or less than the LEP standard

54% excess (293m2)

 

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).

 

Floor Space Ratio- Clause 20F

The stated purpose of the Floor Space Ratio standard as outlined in the LEP is:

 

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

 

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

 

The proposal does not increase the footprint of the building on the site.

 

The bulk and scale of the building is not altered.

There will be no increased impact on the amenity of the subject site.

 

There will be no detrimental impact on the amenity of the immediate neighbouring properties.

 

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

 

The existing floor space ratio of the building is 1.08:1 which already exceeds the current maximum controls of the LEP and the additional floor area to the building represents an increase to the existing FSR by 8.5% or 70sqm.

 

The proposal is for the provision of additional habitable floor area to dwelling 3 which is directly below the proposed attic and whilst it will provide for additional area to that dwelling the actual number of dwellings in the building is not increased.  

 

The additional floor area to the building will not significantly detract from the existing level of environmental amenity and the aesthetic character of the immediate locality as the new floor area to the building is provided wholly within the existing building envelope and will not increase the existing bulk and scale of the building.

 

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

 

Matter 2

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

 

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

 

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

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

 

The variation from the floor space ratio standard is 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 resultant development would promote the orderly use of the land.

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards is unreasonable and unnecessary.

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development, however as discussed above strict compliance in this instance is not necessary.

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The floor space ratio development standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

The existing Residential zoning is not considered to be inappropriate for the locality.

 

6.2      Policy Controls

 

Development Control Plan – Multi Unit Housing Development

 

Height

The proposed addition to the existing building does not increase the overall height of the building and the external wall height of the building does not exceed the maximum of 10m.

 

Building Setbacks

The existing building setbacks are not altered with the new attic being sited wholly within the existing roof space envelope.

 

 

Density

The proposed development will result in the total floor space ratio of the buildings being 1.18:1 which exceeds the LEP control. See discussion of SEPP 1 Objection above.

 

Landscaped area

The proposal does not alter the existing levels of landscaping to the site.

 

Privacy

There is limited potential for overlooking into adjoining properties from the attic because of the use of roof lights only. The new panel of windows in the eastern façade of the building will overlook the adjoining street only.

 

7    Environmental Assessment

 

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

 

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

See comments below

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

The proposal generally satisfies the objectives of the Multi Unit Housing DCP except where discussed in 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 comments raised by the submission have been addressed.

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

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

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R3 Medium Density residential

Is development permitted under zoning?

Development for the purpose of medium density development is permitted in this zone.

The proposal does not alter the use of the existing multi unit housing.

Yes

Floor Space Ratio (Maximum)

0.9:1

1.81:1

No

Height of Building (Maximum)

12m

The existing building height is not increased.

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to provide for a new attic within the existing roof at 5 Albert Street Randwick will not result in any significant adverse impact upon the amenity of the adjoining properties or the locality.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 354/2012 to carryout an attic conversion at 3/5 Albert Street Randwick subject to the following conditions:

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

1/D

Absolute Attics

29/6/12

2/C

Absolute Attics

23/5/2012

3/A

Absolute Attics

22/2/12

4

Absolute Attics

September 2011

5/D

Absolute Attics

23/5/2012

6/D

Absolute Attics

29/6/12

7

Absolute Attics

September 2011

8/B

Absolute Attics

12/3/12

9/G

Absolute Attics

4/7/2012

10/B

Absolute Attics

12/3/2012

11/C

Absolute Attics

4/5/2012

 

BASIX Certificate

No.

Dated

 

A122472

4th May 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 are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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 $ 145 000, the following applicable monetary levy must be paid to Council: $ 725.00.

       

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

 

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

 

Long Service Levy Payments

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.

 

Sydney Water

6.       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 prior to issuing the construction certificate.

 

7.       All new building work (including alterations, additions, fit-out work and fire safety works are to be carried out in accordance with the relevant provisions of the Building Code of Australia (BCA) and details are to be included in the Construction Certificate, to the satisfaction of the Certifying Authority.

 

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

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

 

Structural Adequacy

9.       Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the attic.

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

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’ (PCA), 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.

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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, 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.

 

Demolition Work & Removal of Asbestos Materials

14.     Demolition work must be carried out in accordance with the following requirements:

 

a)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

Construction Noise & Vibration

15.     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 provisions of the Protection of the Environment Operations Act 1997 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 and Vibration Management Plan, prepared in accordance with the DECC Construction Noise Guideline, by a suitably qualified person is to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the plan must be provided to the Council and Principal Certifying Authority prior to the commencement of site works.

 

Construction Site Management Plan

16.     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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·            Work Health & Safety Act 2011 and Regulations

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

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997 and Regulations

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

·           A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·           On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·           Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·           A Clearance Certificate or Statement, prepared by a suitably qualified person (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.

 

Construction Site Management

22.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times:

 

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

 

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

 

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

 

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

 

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

 

Details of the proposed sediment control measures are to be detailed in the site management plan which must be submitted to the Principal Certifying Authority and Council prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the plan is to be maintained on-site and be made available to Council officers upon request.

 

f)      Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

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

 

g)     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.

 

h)     A Road / Asset Opening application must be submitted to and be approved by Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

All works within or upon the road reserve, footpath, nature strip or other public place are to be completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

23.     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

24.     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

25.     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 (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to the issue of an occupation certificate.

 

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

 

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

 

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

 

A7      The applicant is advised that a Notice of Intention to serve an Order under the provisions of Section 121B of the Environmental Planning & Assessment Act 1979 will be forwarded to the owner of the building under separate cover, in respect to

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             27 November 2012

 

 

Director City Planning Report No. CP91/12

 

 

Subject:                  38 Prince Edward Street, Malabar (DA/536/2012)

Folder No:                   DA/536/2012

Author:                   Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                     Demolition of existing structures, construction of part 2, part 3 level dwelling with garage, swimming pool and pool house to rear with associated works

Ward:                      South Ward

Applicant:                Alec Pappas Architects Pty Ltd

Owner:                         Mr J A Hood & Mrs M Hood

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

Executive Summary

 

The application is reported to Council and an independent assessment of this application, including preparation of this report, was completed by Plandev (urban planning consultants) due to a potential conflict of interest as a Council employee is an acquaintance of one of the neighbouring residents.

 

This report considers an application seeking approval for demolition of the existing structures, construction of part 2, part 3 level dwelling above a garage with a swimming pool and pool house at the rear and associated works.

 

The proposal complies with the relevant aims and objectives in Randwick LEP 1998, and is generally compliant with the objectives and performance requirements in Randwick Council Dwelling Houses and Attached Dual Occupancies DCP.

 

The surrounding area is characterised by a mix of housing styles, including contemporary two storey dwellings over basement garage and 1 to 2 storey older style dwelling houses. The built form in terms of height, bulk and scale is consistent with other contemporary dwelling houses in the street.

 

In response to concerns raised in relation to overshadowing to No. 40 Prince Edward Street, the applicant submitted amended plans resulting in reduced floorspace at the first floor and a corresponding increase in the side setback to the adjoining property at No. 40. 

 

The amended proposal is acceptable and has been recommended for approval, subject to conditions.

 

1.    The Proposal

 

The proposed development involves demolition of the existing two storey dwelling house and construction of part 2, part 3 level dwelling above a garage with a swimming pool and pool house at the rear and associated works.

 

The intended uses by level are:

 

Lower ground floor

Double garage, games room, storage and plant room

 

Ground floor

Study, living, dining, laundry, swimming pool and pool house

 

First Floor

Master bedroom with ensuite, 4 x bedrooms and bathroom

 

The proposed dwelling house will have cavity brick walls and a reinforced concrete slab, metal roof and parapet style detailing. Cement rendered walls, aluminium framed windows and glass balustrades with metal frames will dominate the external materials.

 

In response to concerns raised in relation to overshadowing the applicant amended the proposal by:

 

·        reducing the size of bedrooms 3, 4, 5 and the master bedroom at the first floor         resulting in a total reduction of floor area equating to 12.5m2;

·        increasing the first floor side setback at the rear from 2.6m to 4.5m; and

·        replacing the raised roof over the family room with a lower skillion roof.

 

2.    The Subject Site and Surrounding Area

 

The site is located on the south-western side of Prince Edward Street between Ireton Street and Raglan Street, Maroubra.

 

The site has an area of 653m2 and is rectangular in shape with a frontage of approximately 12m and depth of approximately 55m.

 

The site slopes down from its rear boundary to the street representing a change in level of approximately 5m.

 

The existing house on the site is a two storey rendered fibro clad dwelling house about 60 years old (refer to Figure 1).

 

Figure 1: View showing the existing dwelling house on the site

 

The surrounding area is characterised by a mix of one and two storey dwelling houses. 

 

The adjoining property to the northwest (No. 36 Prince Edward Street) contains a part 1 and 2 storey dwelling house which is setback 12m from the street and 961mm to the common boundary with the subject site (refer to Figure 2). Council has recently granted approval for alterations and additions to No. 36, including construction of first floor balconies at the front and a single storey addition to the rear of the dwelling house (DA 292/2012).

 

The adjoining property to the south (No. 40 Prince Edward Street) contains a 2 storey dwelling house above a garage which is setback between 4m and 6m from the street and 1m from the common boundary with the subject site (refer to Figure 3).

 

Land adjoining to the west contains the rear yards of dwelling houses fronting Herbert Street.  

 

Figure 2: View showing the adjoining dwelling house at No. 36

 

Figure 3: View showing the adjoining dwelling house at No. 40

 

3.    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:-

3.1      Objections

A total of three (3) objections were received during the notification period. The issues raised are summarised as follows:

 

40 Prince Edward Street

Issue

Comment

Overshadowing impacts

Overshadowing is discussed in Section 8 of the report.

Extent and height of the rear extension

The applicant submitted amended plans which resulted in an increased first floor setback to the common boundary with No. 40 and a lower roof height above the family room. Further discussion is provided in Section 8 of the report.

The applicants shadow assessment is not correct

The shadow diagrams are deemed to be accurate.

The height and setback of the dwelling should be reconsidered

Refer to previous comment.

 

36 Prince Edward Street

Issue

Comment

Excessive bulk and scale

Refer to the discussion in Section 8 of the report.

Non-compliance with Council’s wall height and side setback controls

Refer to the discussion in Section 8 of the report.

Privacy impacts from the upper level balcony on the north-western elevation which overlooks the front of the property

Refer to the discussion in Section 8 of the report.

The proposal exceeds Council’s FSR control

The proposed development will have an FSR of 0.56:1 which is more than the preferred FSR of 0.5:1. This is discussed in Section 8 of the report.

The balcony projection on the north-western elevation will reduce the outlook and natural light available to No. 36

Refer to the discussion in Section 8 of the report.

 

34 Prince Edward Street

Issue

Comment

Loss of views from lounge room window and bedroom window

Potential view loss is discussed in section 8 of the report.

The first level is setback 4-5m from the front and should be 6m

Setbacks are discussed in Section 8 of the report.

 

4.    Technical Officers Comments

 

The application has been referred to the Council’s Development Engineer and the following comments have been provided:-

 


Development Engineer

 

Parking Comments

The proposed 5 bedroom dwelling will require a minimum of two carspaces according to the rates provided in Council’s DCP-Parking. The submitted plans indicate that these are proposed to be provided within the double garage. There is a minor non-compliance with the minimum width due to the large pier along the southern wall however this should not interfere with passenger access to vehicles

 

Driveway Long Sections

The submitted driveway long-sections demonstrate compliance with AS 2890.1:2004 and should not result in vehicles scraping as they enter or exit the proposed driveway. The overhead clearance is also greater than the minimum 2.2m required by the standard. There are no objections from Development Engineering.

 

Drainage Comments

Stormwater runoff shall be directed to the street gutter via a 5m2 infiltration area and sediment arrestor pit. The requirement for a 5m2 infiltration area shall not be enforced if soil conditions are unsuitable or rock is close to the surface,

 

As seepage water is likely to be encountered the basement level shall be fully tanked and waterproofed.

 

Landscape Comments

The vegetation within the front yard is not significant and can be removed as necessary, including the mature Camelia sasanqua (Camelia) against the southeast corner of the existing house, as it is exempt from the TPO due to its location, with the environmental weeds in this same area needing to be removed and replaced with native coastal species to improve presentation of the development to the streetscape.

 

There is a large quantity of established trees throughout the rear yard which are considered a site feature of this property, and while they may assist with screening and privacy, none are significant in anyway, some of which are self-seeded weeds, and were observed to heavily restrict solar access, air flow as well as usability of this primary area of private open space, as discussed below.

 

Firstly, growing within the southern site setback, beyond the southwest corner of the existing house, there is a mature Acmena smithii (Lilly Pilly) of 6-7m in height, which only appeared in fair condition due to repeated heavy pruning from its southeast aspect by the neighbour at no.40 so as to provide a clearance off their own house.

 

A major re-design would be required to allow for its preservation, which would affect the entire layout of the proposal, but as it is not a significant example of the species, and is sited inappropriately for its mature dimensions, this will not be warranted in this case, with consent granted for its removal, as has been shown on the plans.

 

The slightly smaller Brachychiton acerifolius (Illawarra Flame Tree) to the southwest, also on the southern boundary, was observed to be structurally defective due to its two main vertical leaders (one to the northeast and one to the southwest) being included or fused. This fault poses a higher risk of failure than properly formed and separated branches, and is justification for its removal, irrespective of the proposed works, with consent given for its removal.

 

The 5-6m tall Liquidambar styraciflua (Liquidambar) further to the southwest again is not deemed suitable for retention given the invasive and aggressive root system of this species, as well as its deciduous habit, large size at maturity, and ultimately, its close proximity to the southwest corner of the new dwelling, so can be removed on the basis that more appropriately selected and located trees are provided in its place in this area of the site.

 

Just to the west, there is a mature Celtis australis (Nettle Tree) of 8m in height, which while its canopy can be seen from the street frontage and neighbouring properties, is recognised as an invasive environmental weed whose small black berries are easily spread by birds into areas of native bushland and watercourses. So as to eliminate the future weed source that this tree poses, conditions require that it be removed.

 

On the opposite side of the site, adjacent the northwest corner of the existing dwelling and free-standing fibro shed, there is a mature, 8m tall Tristaniopsis laurina (Watergum) which while being a native species, its form and condition has been affected due to competition and over-crowding from other trees in this area, and displays a multi-trunk habit, and is more upright and sparse than normal. It is not a significant example of the species, and as it is also in direct conflict with the rear extension, no objections are raised to its removal as has been shown.

 

The dense, unidentifiable thicket of 4-6m tall deciduous species along the southern boundary have self-seeded or are growing from suckers, and as they are not worthy of retention, can be removed.

 

To their northwest, there is a completely dead tree, and then to its north, almost centrally in the rear yard, there is a 10m Eucalyptus species (Gum) which appeared stressed, and in poor health and condition with dieback, deadwood and a sparse canopy cover as a result of exposure to persistent salt laden winds.

 

While it could be retained in the open grassed area that is shown on the plans, it is not seen to have any prospects for recovery, and would very likely pose a threat of further decline and failure if retained, so in the interests of safety, approval has been given for its removal.

 

The juvenile Ficus macrophylla (Moreton Bay Fig) just to its west appears to have self seeded, and given its large size at maturity (30m x 30m) could not be deemed suitable for retention within this residential yard, and should be removed and replaced with more appropriate selections.

 

Immediately to its northwest, within the rear yard of the adjoining property at no.36, there is a 10m tall Araucaria heterophylla (Norfolk Island Pine) which appeared in fair health and condition, is covered by the provisions of Council’s TPO, and must be protected given its location on another site.

 

Despite its trunk being setback a few metres off the common boundary, a small portion of its southeast aspect overhangs above the subject site, above the northeast corner of the proposed new pool house/cabana, with minor conditions relating to the pruning of roots and branches included in this report.

 

Given the increase in size of the dwelling that is being proposed, the large quantity of trees that will need to be removed so as to accommodate the works, as well as this sites coastal location, it is deemed appropriate in this instance to require the submission of a landscape plan that will incorporate replacement coastal trees so as to maintain reasonable levels of environmental amenity for both this site and neighbouring properties, with relevant conditions provided.

 

5.    Relevant Environmental Planning Instruments

 

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

(a)    Randwick Local Environmental Plan 1998

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

 

The locality is predominantly characterised by one and two storey dwelling houses.  Some of the dwelling houses in the street are elevated above garages presenting as 2-3 storeys.  The proposal is compatible with the predominant built form context and is considered satisfactory in this regard.

 

The desirable attributes would be considered to include visual and acoustic privacy, solar access, significant view corridors and visual amenity.  The replacement of an older style two storey dwelling with a contemporary part two and part three storey dwelling above basement parking will alter the visual appearance of the site and its built form relationship to adjoining properties. However, the proposal is consistent with the predominant development pattern in the street. The amended proposal retains a reasonable standard of amenity for adjoining properties. 

 

It is considered that objectives 1(d) and (f) do not apply as the proposal is not for any alternative use for the community, or any alternate home use.

 

The following Clause of LEP 1998 applies to the proposal:-

 

Clause 40 Earthworks

 

When determining an application for consent to carry out earthworks the consent

authority must consider:

 

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

 

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

 

The proposal includes a significant amount of excavation as part of the works associated with the application.  Council’s Engineers have reviewed the application and provided comment as detailed in Section 5. 

 

5.1 Policy Controls

a.   Development Control Plan – Dwelling House and Attached Dual Occupancies

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

 


 

Clause

Preferred Solution

Assessment

Complies

3.1 Solar Access and Energy Efficiency

S1

New dwellings comply with 3.5 stars on the NatHERS.

A BASIX certificate is provided with the application.

 

 

Yes

S2

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

The rear yard and swimming pool will receive at least 3 hours of direct sunlight during the winter solstice.

 

 

Yes

S2,8

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

The dining and family room will face northwest and will receive 3 hours of sunlight during the winter solstice.

 

Yes

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

No known impact to solar collectors.

 

 

 

Yes

 

Clause

Preferred Solution

Assessment

Complies

3.1 Solar Access and Energy Efficiency

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over at least part of their surface between 9am - 3pm 21 June, or not further reduced.

The adjoining property to the south contains a living room window at ground level along its north-western elevation facing the site.

 

 

No

 

Refer to discussion below

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over at least part of its area  9am- 3pm 21 June, or not further reduced.

 

The proposed development will cast shadow over part of the principal outdoor recreation area of the dwelling at No.40.

Yes

 

Refer to discussion below

4.1 Landscaping

S1

40 % of site provided as landscaped area

52%

Yes

 

S1

25m² of private open space provided.

233m²

Yes

 

S1

Min. dimensions of 3m x 4m & minor level change.

5m x 4.6m

 

 

Yes

 

S1

Open space behind the building line.

The yard is located behind the building line.

Yes

 

S6

20% of the site area is permeable.

 

21%

 

Yes

 

4.2 Floor area

 

S1

0.5:1 (327m2)

0.56:1 (367m2)

 

No

 

Refer to discussion below

 

4.3 Height, Form and Materials

 

S1

External wall height maximum 7m

8.4m

 

No

Refer to discussion below

 

S1

Maximum building height 9.5m.

8.4m

Yes

 

S1

External wall height to the rear maximum 3.5m.

N/A

 

 

S3

Cut or fill maximum 1m.

Up to 2.5m. Standard conditions are recommended on the approval.

 

 

No

 

S3

No excavation 900 mm of a side bound.

1.1m

 

Yes

 

Clause

Preferred Solution

Assessment

Complies

 

S3

No excavation within 3m of a rear boundary.

7m

Yes

 

S4

The length of a 2nd storey maximum 12m at less than 1.5m from a southern boundary.

The second storey at the north-western elevation has a length of 16m and a setback of 1m from the common boundary with No. 36.

No

Refer to discussion below

 

4.4 Building setback

 

S1

Front setback average of adjoining dwellings or 6m

Lower Ground

5.6m (to the building)

Ground

4.2m and 5.6m (to the balustrade)

7m-8.2m (to the building)

First Floor

5.3m-6.9m (to the balcony)

7m-8m (to the building)

 

The front setback is generally consistent with the predominant front setbacks found in the street.

No

 

Refer to discussion below

 

S2

Rear boundary setback at least 4.5m

24m to the dwelling house

Yes

 

S3

Side setbacks to be 900mm at ground level.

1.1m at lower ground level

1m-2.3m at ground level

 

Yes

 

S3

Side setbacks to be 1.5m at second floor

1m-1.5m at first floor

Partial

Refer to discussion below

 

4.5 Visual and Acoustic Privacy

 

S1

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

It is recommended that a condition be imposed requiring minimum fixed obscure glazing up to 1.5m for the first floor windows to bedrooms 3 and 4 along the north-western elevation.

 

Yes

 

S1

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

There are no direct views into the rear yard of adjoining properties.

 

Yes

 

S1

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

Conditions to that effect are recommended on the approval.

 

 

Yes

 

 

Clause

Preferred Solution

Assessment

Complies

4.6 Safety and security

S1,2,3

Front doors of dwellings are visible from the street.

The front door will be clearly visible from the street.

 

Yes

S1,3

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

There will be two bedrooms at the first floor that will overlook the street.

Yes

S2

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

Standard conditions have been included.

Yes

4.7 Garages and Driveways

 

Minimum of 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

Two car spaces are provided.

 

 

Yes

S1

Parking spaces have a min. dimension of 5.5m x 2.5m.

The parking space dimensions are 2.5m x 7m for each vehicle.

 

Yes

 

Driveway minimum width of 3m and side setback 1m

5m wide driveway and side setback of 1.4m.

Yes

S1

Driveway maximum width of 3m at the boundary.

4m width at the side boundary. The non-compliance is considered minor.

No

S1

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

Checked by Council’s Engineer.

 

Yes

S2

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

The garage door will be setback 6m from the street boundary and behind the first floor.

Yes

 

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

The driveway will occupy 41% the width of the site. The non-compliance is considered minor.

No

4.8 Fences

S1

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

The front fence will be solid sandstone facing with open metal up to 1.5m. The street consists of a variety of fence types. The proposed fence is acceptable.

No

 

b.   Parking Development Control Plan

The proposed development contains more than 3 bedrooms and therefore requires two car spaces. A double garage accessed directly from the street will be provided at the lower ground level.

5.2      Randwick Section 94A Development Contributions Plan

In accordance with the Section 94A Development Contributions Plan, effective from 2 July 2007, the following monetary levy must be paid to Council:

 

Category

Cost

Applicable levy

S94A levy

Development cost more than $200,000

$857,184

1.0%

$8,571.84

 

6.    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 discussion below under Draft LEP 2012.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, 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 bus 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:

 

Control

Proposal

Complies

Zoning R2 low density

 

Permissible with consent

Max FSR 0.6:1

0.56:1

Yes

Max Height 9.5m

8.4m

Yes

 

7.    Key Issues

 

Solar Access

The originally lodged proposal resulted in an adverse overshadowing impact to the rear principal open space of No. 40 Prince Edward Street. These concerns were confirmed after a site inspection and an assessment of the shadow diagrams lodged with the application. The applicant subsequently provided amended plans in response to the overshadowing concerns. The changes involved a reduction in floorspace at the first floor and a corresponding increase in the setback to the common boundary with No. 40 and a lower roof over the family room. The shadow impact arising from the amended proposal is assessed below.

 

Shadow impacts to living room window at No. 40

The adjoining dwelling to the southeast (No. 40) contains a living room window along its north-western elevation (towards the rear) at ground level facing the subject site. Currently the window receives about 1 hour of sunlight between 9:00am and 10:00am during the winter solstice which is less than the minimum 3 hours required under Council’s dwelling house DCP.

 

The proposed development will result in additional overshadowing between 9:00am and 10:00am resulting in no sunlight access to this window during the winter solstice. Council’s overshadowing controls state that where there is already less than 3 hours available that this cannot be reduced any further. The amended proposal incorporates a first floor side setback of 2.6m to the south-eastern boundary which exceeds the minimum 1.5m preferred solution in Council’s Dwelling House DCP. The generous side setback will ensure adequate access to natural light, daylight and fresh air and therefore satisfies the performance requirements in Council’s Dwelling House DCP. It is noted that a fully compliant building would not result in any significant improvement in terms of solar access to this window due to the east-west orientation of the site. The impact is therefore acceptable.   

 

Shadow impacts to principal outdoor recreation space at No. 40

The adjoining property at No. 40 contains its principal outdoor recreation space (principal space) at the rear of the dwelling which comprises a paved area with a barbecue and a grassed area with an outdoor table setting used for alfresco dining.

 

The shadow cast by the existing dwelling house on the subject site affects between 5% and 20% of the principal space at No. 40 between 9:00am and 3:00pm during the winter solstice. It is noted that the principal space at No. 40 currently receives limited sunlight during the winter solstice due to the existing dense vegetation on the subject site (to be removed). Furthermore, the existing dwelling house at No. 40 overshadows part of its own principal space between 9:00am and 11:00am during the winter solstice.

 

At 11:00am during the winter solstice, the amended proposal will result in additional overshadowing affecting nearly 50% of the principal space at No. 40. At 12 noon the shadow cast will affect about 60% and at 1:00pm about 75%. By 2:00pm about 90% of the principal space is affected by the amended proposal.

 

Council’s controls require a minimum of 3 hours over at least part of its area during the winter solstice. In this case the amended proposal will ensure that between 11:00am and 2:00pm during the winter solstice the principal space will receive sunlight to part of its area.

 

In addition to its principal space, the dwelling house at No. 40 has a secondary space with a swimming pool and adjoining terrace which will receive a minimum of 3 hours sunlight to 100% of its area between 9:00am and 3:00pm during the winter solstice.  

 

The amended proposal is acceptable with regard to the overshadowing impacts to No. 40.

 

Floor space ratio

As stated previously, the applicant amended the proposal which resulted in a reduction to the first floor footprint by 12.5m2.  The amended proposal has a Floor Space Ratio (FSR) of 0.56:1 which exceeds the preferred FSR of 0.5:1, equating to about 40m2 of floor space.

 

It is noted that 44m2 of the GFA is mostly contained below the existing ground level to be used as a games room. This part of the development will not contribute to the bulk and scale of the development or result in any significant intensity of the use or amenity impacts to neighbouring properties.

 

In addition, the proposed development is generally consistent with the predominant residential character and streetscape pattern.

 

The amended proposal is acceptable in regard to FSR.

 

External Wall Height

The proposal will exceed the preferred external wall height by up to 1.4m along the side elevation of the building with the maximum variation being at the front of the building facing the street.

 

The extent of external wall height variation diminishes as the building steps up to the rear boundary of the site. The extent of variation relates to the entire first floor which has a length of about 20m. However, of this 75% of the external wall (or 15m) is no more than 1m above the preferred wall height solution.

 

Furthermore, the variation does not result in any unreasonable amenity impacts to adjoining properties in terms of overshadowing, privacy or visual bulk. 

 

The external wall height is acceptable and meets the objectives and performance requirements of the DCP.

 

Boundary Setbacks

 

Side Setback

The first floor setback to the north-western boundary (adjoining No. 36) is 1m representing a variation of 0.5m from the preferred 1.5m setback. It is noted that the existing dwelling house on the adjoining property at No. 36 which is part 1 and 2 storey is setback 961mm from the common boundary with the subject site.

 

The variation will not result in any adverse amenity impacts to No. 36 in terms of overshadowing (it is located to the south). Notwithstanding, the reduced setback, the proposal will maintain adequate access to natural light and fresh air to its neighbour. In any event the proposed setback to the side boundary is generally consistent with the established setbacks in the street.

 

Front Setback

The existing dwelling house at No. 40 has a setback of 5.6m from the building to the front boundary. The existing dwelling house at No. 36 is setback 12m to the street boundary.

 

Council’s preferred front setback solution is the average of the adjoining dwellings or 6m.

 

The ground floor front setback to the street boundary will vary between 7m and 8.2m to the building and 4.2m to 5.6m to the balustrade.

 

The first floor front setback to the street boundary will vary between 7m and 8m to the building and 5.3m to 6.9m the balcony.

 

In this case the proposed front building setback is generally consistent with predominant front setback in the street which ranges between 6 and 8m. The proposal whilst not strictly complying with the preferred solution satisfies the front setback performance requirement. 

 

Visual Bulk

The rear first floor will align with the adjoining property to the northwest at No. 36 resulting in no adverse visual bulk when viewed from the rear yard of that property.  It is noted that Council has granted approval for alterations and additions to the existing dwelling house at No. 36 including a rear addition. There will be no adverse visual impacts when viewed from the rear of No. 36.

 

The first floor will extend 1m closer to the street than the existing dwelling house on the subject site. However, it is considered the future first floor balconies at No. 36 will receive adequate daylight and direct sunlight given the property is located on the northern side of the subject site. 

 

The first floor rear alignment will extend about 3m beyond the rear alignment of the existing dwelling house at No. 40. However, the amended proposal incorporates a 4.5m setback to bedroom 5 at the first floor and a lower skillion roof over the family room which will reduce any adverse visual bulk when viewed from the principal space at No. 40.

 

Privacy

The first floor balconies at the front of the proposed dwelling house will provide casual surveillance of the street. The north-western edge of the balcony off the first floor master bedroom will contain a small window to capture northern light. The proposed balcony opening will overlook the front yard of the adjoining dwelling at No. 36. The front yard is not considered to be private open space because it can be viewed from the footpath on the street. The window to the master bedroom will overlook the approved front balcony adjoining a lounge room at No. 36.

 

It is recommended that the windows to the master bedroom and bedrooms 3 and 4 be provided with fixed obscure glazing up to 1.5m to mitigate any direct views to windows and balconies facing the site at No. 36. 

 

With these measures in place the proposal is acceptable with regard to privacy impacts.

 

View Loss

The neighbours at No. 34 raised concerns regarding the loss of views from their first floor living room window and its adjoining balcony overlooking the street. The proposed dwelling house will extend 1m closer to the street at the first floor compared to the existing dwelling house on the site. This will potentially reduce some of the view across the side boundary from No. 34.

 

The views in question from No. 34 are from a first floor living room and its adjoining balcony overlooking the street and a bedroom window along the south-eastern elevation.

The general principle relating to view sharing identified in Tenacity Consulting v Warringah Council (2004) established a four-step process for considering the impact of a development on views.

1.   An assessment of the value of views to be affected by reference to their nature, extent and completeness.

2.   A consideration of how views are obtained and what part of the property the views are obtained from.

3.   A qualitative assessment of the extent of the impact in terms of severity particularly as to whether that impact is negligible minor, moderate, severe or devastating.

4.   An assessment of the reasonableness of the proposal causing the impact particularly in terms of compliance with applicable planning controls and whether a different or complying design must produce a better result. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable.

These view sharing principles are referred to for assessing the potential view impacts associated with the proposal.

 

Front Balcony

The view loss from the first floor front balcony overlooking the street is across a side boundary and includes distant ocean glimpses with vegetation and dwellings in the foreground. The proposed development will remove the distant view of a Norfolk Pine tree which is considered to have a negligible impact (refer to Figure 4). The ocean glimpses and view