Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                        13 November 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 13 November 2012 at 6pm.

 

 

Committee Members:           The Mayor (T Bowen), Andrews, Belleli, D’Souza, Garcia, Matson, Moore, Nash, Neilson, Roberts, Seng, Shurey, Smith (Chairperson), Stavrinos and Stevenson (Deputy Chairperson)

 

Quorum:                           Eight (8) members

 

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

 

Planning Matters

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 14 August 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports (record of voting required)

 

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

D86/12      59 Burnie Street, Clovelly (DA/94/2012) Deferred

D87/12      2 Wackett Street, Maroubra (DA/191/2012) Deferred

D88/12      20 Gordon Avenue Coogee (DA/340/2012) Deferred

D89/12      220-220A Clovelly Road, Randwick (DA/405/2011) Deferred

D90/12      130 Prince Edward Street, Malabar (DA/910/2011) Deferred

D91/12      2 Goodwood Street, Kensington (DA/195/2012) Deferred

D92/12      64 Bream Street Coogee (DA/588/2012)

D93/12      3 Bloomfield Street, South Coogee (DA/456/2012)

D94/12      34 Carrington Road, Randwick (DA/407/2012)

D95/12      7 Shirley Crescent Matraville (DA/468/2012)

D96/12      29 Prince Edward Street, Malabar (DA/144/2012)

D97/12      48 Cuzco Street, South Coogee (DA/238/2012)

D98/12      169 Robey Street, Maroubra (DA/326/2012)

D99/12      47R Dolphin Street, Coogee (DA/379/2012)

D100/12    16 Glen Avenue, Randwick (DA/198/2012)

D101/12    45 Military Road, Matraville - DA/1101/2006/C

D102/12    5 Mulwaree Ave nue, Randwick (DA/571/2012)

D103/12    44 Franklin Street, Matraville (DA/575/2012)

D104/12    High Water Table Issues in Kensington

Miscellaneous Reports

Nil   

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                        13 November 2012

 

 

Development Application Report No. D86/12

 

 

Subject:                  59 Burnie Street, Clovelly (DA/94/2012)

Folder No:                   DA/94/2012

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

The development application involves alterations and additions to an existing mixed-use building including construction of new second floor containing 2 residential units.

 

The application was recommended for refusal and reported to Council at its meeting held on 26 June 2012. At the meeting it was resolved:

 

‘(Matthews/White) that the application be deferred for consideration of amended plans.’

 

The application was recommended for refusal in the report to Council for the following reasons:

 

1.       The proposal does not satisfy the zone objectives of the 2A Residential Zone specified in Clause 10 of the Randwick Local Environmental Plan 1998 (Consolidation) in that the scheme is contrary to the following objectives:

 

(a)      to provide for a low density residential environment.

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

(c)      to protect the amenity of existing residents.

 

2.       The proposed development will compromise the aims of the RLEP 1998 (Consolidation) in relation to:

 

(e)      to ensure the conservation of the environmental heritage and aesthetic character of the City.

(g)      to promote, protect and enhance the environmental qualities of the City.

(h)      to recognise the importance of ecological sustainability in the planning and development processes.

 

3.       The form, massing, proportions and finishes of the development are not considered to contribute to an appropriate architectural outcome and will detrimentally impact on the visual amenity of the neighbouring residences and streetscape. The development scheme has not properly examined the relationship of the building with the surrounding context of the local area and does not demonstrate a skilful design that fits into the character of the local area. Therefore, the proposal is not considered to satisfy the relevant provisions of Clause 2 of Randwick Local Environmental Plan 1998 (Consolidation).

 

3.       The proposed building footprints, proportions and massing are not considered to be compatible with the existing development pattern in the area and will dominate the adjoining residential dwellings. The development scheme does not satisfy the planning principles established in the Land and Environment Court case, Fodor Investments v Hornsby Shire Council, 2005. Consequently, it is not considered that the intensification of the existing non-conforming residential flat building use on the site is warranted.

 

4.       The proposed development is unacceptable and unreasonable in that the proposed height, bulk, scale, built form and design will have an adverse impact on the amenity of neighbouring residents in terms of loss of solar access, privacy and views contrary to the Planning Principles established in the Land and Environment Court case, Fodor Investments v Hornsby Shire Council, 2005Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

5.       The proposal does not satisfy the objectives and performance requirements of the DCP – Multi-unit Housing including for height (Clause 3.2), setbacks (Clause 3.3), density (Clause 3.4), privacy (Clause 4.2), solar access (Clause 4.4) and parking (Clause 5.1).

 

6.       The proposal does not satisfy the SEPP 65 principles in relation to massing, amenity and architectural character.

 

7.       The proposal does not satisfy the provisions of Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009 relating to the determination of the loss of affordable housing on-site including the failure to provide accurate rental data.

 

8.       The proposal does not provide any car parking on-site and does not comply with the parking rate specified in Council’s DCP – Parking.  Due to the significance of the proposed parking deficiency the proposal is not considered to meet the relevant objectives of the DCP Parking and fails to provide an appropriate level of off street parking through specific standards to meet parking demand.

 

9.       The proposed degree of overshadowing on the adjoining dwellings could have been reduced by a more skilful design that respects the character of the locality and the topography of the site. In this respect, the proposed shadow impacts are not considered to be reasonable. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

10.     The application does not demonstrate a sound and comprehensive analysis of the site context and potential amenity impacts on the adjoining residents. The development is considered to be an expedient addition without properly considering its relationship with the nearby sensitive residential uses as a whole. In the light of the unsatisfactory architectural and amenity outcomes expected of the proposal, it is not considered that the site is suitable for the proposed development and does not satisfy Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

 

11.     The proposal is not within the public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

The applicant has submitted amended plans and additional details to address the reasons for refusal. Assessment of the amended plans and additional information indicates that the amended proposal essentially has reduced the proposed building footprint, envelope, proportions, and massing through a substantial reduction in floor area and such that the amended proposal is considered to be compatible with the existing development pattern in the area; will not overwhelm the scale of adjoining residential dwellings; and results in acceptable amenity impacts.

However, the proposal is unable to provide any car parking on-site such that there will be a deficiency of 5 car parking spaces in the proposed development.  Council’s development engineer regards the shortfall as significant. A Parking Report has been submitted by the applicant in support of the parking deficiency which has been assessed by Council’s development engineer and considers that the report indicates that the development’s impact on available street parking will be significant.

 

In view of the proposal’s deficiency in car parking, and the impact this deficiency will have on existing on-street car parking, the application is recommended for refusal.

 

2.      Issues

 

2.1    Amended plans and additional information

 

2.1.1          Amended plans received 13 August 2012

Amended plans were lodged on 13 August 2012 to address the reasons fro refusal and these changes comprise the following: 

 

§ Reduction in the length of the first floor addition to the rear by approximately 2.8m effectively increasing the setback to this level from a max 21.16m to max 24.16 m (to glass line).

 

§ Reduction in the length of the second floor addition to the rear by approximately 2.83m effectively increasing the setback to this level from a maximum 21.16m to max 25.96m (to glass line).

 

§ Reduction in the number of proposed units from 14 to 11.

 

§ Reduction in overall gross floor area from the original 711 sqm to 678 sqm effectively reducing the FSR from the original 0.94:1 to a new FSR of 0.89:1

 

§ Deletion of secondary side balconies to Units 5 and 8 to reduce overlooking to western properties and provision of a new front balcony facing Burnie Street for Unit 8.

 

§ Deletion of mansard style roof and replacement with flatter low profile roof with minimal pitch to reduce visual mass. 

 

§ Provision of additional privacy screens.

 

§ Provision of larger bin storage area and communal bicycle parking.

 

The applicant has also provided the following additional information to address reasons for refusal:

 

§ An amended landscape plan and statement.

 

§ An amended Parking Study.

 

§ A revised sample board.

 

§ An addendum to the SEE dated August 2012 addressing each reason for refusal in the original DA assessment and the merits of the amendments in addressing these reasons for refusal.

 

 

 

 

2.1.1          Amended plans received 28 September 2012

On the 28 September 2012, the applicant provided further amended plans containing all of the changes shown in the earlier amendments lodged on 13 August 2012 as well as an additional change to the third floor plan involving the following:

 

§ Reduction in the length of the third floor addition to the rear by approximately 2.83.2m effectively increasing the setback to this level from a maximum 26m to max 30.6m (to glass line).

 

§ Reduction in size of the Unit 11 on the third floor from a 1 bedroom + study dwelling at 57.3 sqm to a studio at 34.9 sqm.

 

§ Further reduction in gross floor area of the overall development to 655.9 sqm resulting also in a further reduced FSR of 0.86:1

 

2.2    Response to reasons for refusal

In conjunction with the amended plans, the applicant has responded to each reason for refusal as follows:

 

1.       The proposal does not satisfy the zone objectives of the 2A Residential Zone specified in Clause 10 of the Randwick Local Environmental Plan 1998 (Consolidation) in that the scheme is contrary to the following objectives:

 

(a)      to provide for a low density residential environment.

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

(c)      to protect the amenity of existing residents.

 

Applicant’s response:

 

2.       The proposed development will compromise the aims of the RLEP 1998 (Consolidation) in relation to:

 

(e)      to ensure the conservation of the environmental heritage and aesthetic character of the City.

(g)      to promote, protect and enhance the environmental qualities of the City.

(h)      to recognise the importance of ecological sustainability in the planning and development processes.

 

 

 

 

 

 

 

 

 

Applicant’s response:

 

3.       The form, massing, proportions and finishes of the development are not considered to contribute to an appropriate architectural outcome and will detrimentally impact on the visual amenity of the neighbouring residences and streetscape. The development scheme has not properly examined the relationship of the building with the surrounding context of the local area and does not demonstrate a skilful design that fits into the character of the local area. Therefore, the proposal is not considered to satisfy the relevant provisions of Clause 2 of Randwick Local Environmental Plan 1998 (Consolidation).  The proposed building footprints, proportions and massing are not considered to be compatible with the existing development pattern in the area and will dominate the adjoining residential dwellings. The development scheme does not satisfy the planning principles established in the Land and Environment Court case, Fodor Investments v Hornsby Shire Council, 2005. Consequently, it is not considered that the intensification of the existing non-conforming residential flat building use on the site is warranted.

 

4.       The proposed development is unacceptable and unreasonable in that the proposed height, bulk, scale, built form and design will have an adverse impact on the amenity of neighbouring residents in terms of loss of solar access, privacy and views contrary to the Planning Principles established in the Land and Environment Court case, Fodor Investments v Hornsby Shire Council, 2005Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

Applicant’s response to reasons 3 and 4 : See Applicant’s response to reason 6 below.

5.       The proposal does not satisfy the objectives and performance requirements of the DCP – Multi-unit Housing including for height (Clause 3.2), setbacks (Clause 3.3), density (Clause 3.4), privacy (Clause 4.2), solar access (Clause 4.4) and parking (Clause 5.1).

 

Applicant’s response:

 

 

 

6.       The proposal does not satisfy the SEPP 65 principles in relation to massing, amenity and architectural character.

 

Applicant’s response to reasons 3, 4 and 6:

 

 

 

 

7.       The proposal does not satisfy the provisions of Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009 relating to the determination of the loss of affordable housing on-site including the failure to provide accurate rental data.

 

 

 

 

 

8.       The proposal does not provide any car parking on-site and does not comply with the parking rate specified in Council’s DCP – Parking.  Due to the significance of the proposed parking deficiency the proposal is not considered to meet the relevant objectives of the DCP Parking and fails to provide an appropriate level of off street parking through specific standards to meet parking demand.

 

 

9.       The proposed degree of overshadowing on the adjoining dwellings could have been reduced by a more skilful design that respects the character of the locality and the topography of the site. In this respect, the proposed shadow impacts are not considered to be reasonable. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

 

10.     The application does not demonstrate a sound and comprehensive analysis of the site context and potential amenity impacts on the adjoining residents. The development is considered to be an expedient addition without properly considering its relationship with the nearby sensitive residential uses as a whole. In the light of the unsatisfactory architectural and amenity outcomes expected of the proposal, it is not considered that the site is suitable for the proposed development and does not satisfy Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

 

 

11.     The proposal is not within the public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

 

2.3    Consideration of resident submission

The amended plans were notified from 22 August to 5 September 2012. Objections were received from the following addresses:

 

1/357 Clovelly Road, Clovelly
4 / 357 Clovelly Rd, Clovelly

3/357 Clovelly Road, Clovelly

1/298 Clovelly Road, Clovelly

2/298 Clovelly Road, Clovelly

3/298 Clovelly Road, Clovelly

4/298 Clovelly Road, Clovelly

41 Burnie Street, Clovelly

43 Burnie Street, Clovelly

57a Burnie Street, Clovelly 

57 Burnie Street, Clovelly

2A Keith Street, Clovelly

2 Keith Street, Clovelly

4 Keith Street, Clovelly

10 Keith Street, Clovelly

9 Allan Avenue, Clovelly

 

The following concerns have been raised by the objectors:

1.         Inappropriate intensification of existing use based on Residential 2C zoning

The amended proposal results in a significantly reduced built form with 2 less units from the original 13 such that the intensification of the proposed use under the amended scheme is considered reasonable and acceptable in the surrounding Residential 2A zoning. Section 2.4 of this report assesses the proposal against the objectives of the Residential 2A zoning and generally finds the amended proposal consistent with the objectives of the zone.

 

 

 

 

2.         Loss of sunlight

Objections to loss of sunlight were received from residents in No. 357 Clovelly Road and No 2, 2A and 4 Keith Street with the original application. The applicant has provided amended shadow diagrams for the amended proposal and the shadow analysis indicates that there will be an improvement to the solar access to these properties under the amended proposal as discussed in Section 2.6 below.

 

3.         Loss of privacy

The amended plans have now addressed concerns regarding loss of privacy to adjoining properties and these are discussed in Section 2.6 below. 

 

4.         Loss of views

An objector on the opposite side of Burnie Street has objected to loss of views. This issue is addressed in Section 2.6 below.

 

5.         Incompatible and overbearing height, bulk and scale

The amended proposal has reduced the length of the proposed additions on Levels 1, 2 and 3 which has in turn reduced the overall massing, bulk and scale of the proposed building when viewed from critical points in the local area. In particular, the reduction in floor area in the parts of the building that are proposed to be extended effectively brings these additions physically closer, and in alignment with, the existing building envelope. Accordingly, from surrounding streets and properties, the amended proposal will now appear sympathetic in visual bulk and scale with the existing traditional detached and semi-detached, and mainly tiled pitched roof, dwelling houses in the local area. Furthermore, the original incongruous and over scaled mansard roof design has now been deleted and acts to minimises the overall bulk and scale of the proposal.

 

6.         Substantial breaches of height, floor space ratio and other regulatory requirements

7.         Non-compliance with planning controls effectively disrespects the character of the locality and amenity of neighbours.

The reduction in floor area has now resulted in a reduced FSR of 0.86:1 compared with the original 0.94:1 and physically results in a reduction in the mass, bulk and scale of the proposed development. As discussed in the environmental assessment section of this report, in this amended form, the proposed building will have less intrusive additions and will now be more compatible with adjoining existing development in the locality and will have reduced amenity impacts on adjoining and surrounding properties in terms of overshadowing, loss of privacy, views and overbearing visual bulk and scale.

 

8.         No car parking provided for significant increase in dwelling units

As discussed in section 2.5.2, the proposal will have a shortfall of 5 car parking spaces which is not supported by Council’s Development Engineer and, therefore, is recommended for refusal.

 

9.         Proposal is inconsistent with the Height, Bulk and Scale of the area

10.      Proposal is overdevelopment of the subject site

The amended proposal essentially has reduced the GFA and FSR of the proposed development to the extent that the proposed additions have been brought physically closer, and in alignment with, the existing building envelope. The additions occur as short stepped extensions from, and a low profile roof addition to, the existing building envelope. In this amended form, the proposal will be compatible with the larger scaled buildings immediately adjoining the subject site at No 357 Clovelly Road and Nos 57 and 57A Burnie Street as well as the smaller scaled dwelling house and semi-detached dwellings in the wider Residential 2A including those in Keith Street and Allan Avenue. The amended proposal also has impacts that are reasonable and acceptable to the amenity of adjoining properties in terms of loss of sunlight, privacy and views as discussed in Section 2.6 below.

 

11.      Proposal exceeds the rear setbacks of existing adjoining properties to the west and in particular affects the outlook and privacy of adjoining dual occupancies at Nos. 57 and 57 a Burnie Street

The original proposal had a rear setback of maximum 21.16m on the ground level, Level 1, and Level 2; and 26m on Level 3. The amended proposal now provides for the following rear setbacks:

 

Ground level -    21.66m

Level 1 –           24.16m

Level 2 –           25.96m

Level 3 –           30.6m

 

These increasing setbacks for the additions on each level are considered reasonable and generous and result in a stepped building more in conformity with the rear building lines of No. 57 and 57a Burnie Street compared to the original proposal. Accordingly, the new units to the extended rear sections of the proposed development have been significantly reduced in length to bring the proposed development closer in line with the established rear building lines in Burnie Street. Further, in regards to the relationship of the proposed development to the existing adjoining built forms of No. 57 and 57A Burnie Street, the Design Review Panel was of the view that the original proposal was consistent in scale to these adjoining properties commenting that:

 

The neighbour to the west is a new 3 storey dual-occupancy, providing a reasonable precedent for the scale and footprint now proposed

 

This assessment is now even more applicable and relevant to the amended proposal having regard to the reduced built form and greater setbacks proposed. 

 

12.      Loss of established plantings and canopy

One objector raises concerns at the proposed removal of significant trees in the existing rear yard that currently are highly visible and create a pleasant outlook. Additional landscape information and an amended landscape plan have been provided advising that:

 

“Landscape Plan LP01A … clearly shows replacement tree planting in the rear yard, this includes one replacement Eucalyptus botryoides, a canopy scale indigenous tree to grow to at least 15m high, one native Hymenosporum flavum to grow to at lest 6 metres high and two native Syzygium luehmanii, also to at least 6 metres high.”

 

The amended proposal is considered to maintain a suitable landscape ambience to the site and hence will be compatible with the existing tree and landscape  character of the area.

 

13.      Loss of existing low cost housing

The applicant has advised that the existing dwelling units on-site provide low cost housing under the definitions of the SEPP – Affordable Rental Housing 2009 (as amended). Section 2.4.5 below has assessed the required monetary contribution to off set the loss of affordable housing. 

 

14.      No Construction Management Plan submitted

A standard condition is applied requiring submission of a construction management plan prior to commencement of work when approval is granted for developments. 

 

15.      Poor internal amenity of proposed apartments

The proposal is considered to have a superior internal amenity for its users than that currently available in the existing building. The proposed development allows for a refurbishment that rationalises the layout and planning of the individual apartments whilst providing for a good upgrade of the overall external presentation of the building. The proposal has been before the SEPP 65 Design Review Panel and the Panel has found the dwelling units to be well planned.  Conditions can be applied to further improve the environmental amenity and ecological sustainability of the proposed development should approval be granted.

 

16.      Potential flooding and overland flows

The rear of the site is a potential overland flowpath. Conditions can be applied to any consent to minimize the potential for damage to the rear landscape yard and/or for the overland flowpath to be blocked should approval be granted.

 

2.4    Relevant Environmental Planning Instruments

 

2.4.1          Existing use rights assessment

Section 106 of the Environmental Planning and Assessment Act 1979 provides a definition for “existing use”. The prerequisite to establishing existing use rights is that the use of the building, work or land was lawfully granted and commenced. Furthermore, under Section 107, the use is presumed to have been abandoned, unless the contrary is established, if the use ceases for a continuous period of 12 months.

 

A site has existing use rights where the existing use was approved, but later prohibited by an Environmental Planning Instrument. In this case, the existing RFB has a 1940 approval and were later prohibited when the land was zoned Residential 2A by the Randwick LEP 1998. There is no evidence to suggest that the use has, at any time, ceased for a continuous period of 12 months.

 

In view of the application history, it is considered that existing use rights apply to the site under Part 4, Division 10 of the Environmental Planning and Assessment Act 1979 and Part 5 of the Environmental Planning and Assessment Regulation 2000, and as such provide a basis for the assessment of this application despite the fact that multi-unit housing developments are prohibited in the 2A Zone.

 

Section 108(3) of the Act also provides that any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect. This effectively means that provisions of an environmental planning instrument that would restrict the intensification of an existing use do not apply. However, the provisions of relevant planning instruments including aims, objectives and development standards can be considered as a guide in the context of a merit assessment of the proposal.

 

A use with existing use rights may be expanded or rebuilt with development consent from Council. Any provision of an environmental planning instrument that detracts from existing use rights (including a development standard) does not affect a proposed existing use rights development.

 

The NSW Land and Environment Court has established planning principles pertaining to land with existing use rights as derived from the case of Fodor Investments v Hornsby Shire Council, 2005. The applicant’s Statement of Environmental Effects has failed to provide a relevant assessment based on this planning principle (but has provided SEPP No. 1 Objections which are entirely irrelevant relying erroneously, among other things, on an assessment based on Residential 2C standards). This report assesses these principles are addressed as follows:

 

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

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

 

The proposed building will have a maximum building height of max 12m high (compared with the 9.5m maximum building height standard for a dual occupancy in the Residential 2A zone); external wall height of max 12m (compared with the 7m maximum wall height standard for a dual occupancy in the Residential 2A zone); floor space ratio of 0.86:1 (compared with the max 0.5:1 for a dual occupancy in a Residential 2A zone); and landscaped area of 57% (compared with the max 40% for a dual occupancy in a Residential 2A zone). While the amended proposal will still be in breach of the maximum building height, wall height and FSR standards, it has been reduced in bulk and scale primarily through a reduction in gross floor area amounting to 55 sqm which has been taken from Levels 1, 2 and 3. This proposed building has now been brought closer in alignment and built form to the existing building envelope. As a result, the amended built form will have a mass, height, bulk and scale that would now be more sympathetic to the existing dwelling house and semi-detached character of residential development on the northern side of Burnie Street.

 

Furthermore, the proposal provides an amended landscape plan that provides details of trees to be retained as well as replacement planting for trees that are proposed to be removed. Overall, an appropriate range of planting will be provided to create a landscaped ambiance for the existing and proposed passive/active recreation areas and will also contribute to achieving appropriate privacy and separation between adjoining properties and the proposed development. As well, it will provide a screening/softening element for the proposed development Accordingly, the overall quality of landscape provision to the site is improved by the current proposal and results in higher quality, useable outdoor recreation space for future residents/occupants of the site.

 

Although the LEP numerical standards are not strictly applicable, the amended development is considered to be compatible with the character of other residential premises in the locality and the objectives of the 2A Zone.

 

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

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

 

The proposal will involve partial demolition of the existing building to allow the proposed alterations and additions to occur. The amended proposal has significantly reduced the overall scale and mass of the proposed development. In particular, it will reduce the extent of site coverage at the ground level, first and second floors towards the rear boundary. The reduce building envelope will bring the proposal closer to, and in alignment with, the existing building envelope. Additionally, it will bring the proposal more in line with the existing rear setbacks of adjoining properties the existing established residential developments to the west. Additionally, the amended proposal will have provide an improved visual impact on the existing dwellings at 57 and 57a Burnie Street as well as Nos.2, 2a, 4, 6, 8 and 10 Keith Street. It will not be overwhelming and overbearing given the reduced scale and massing of the proposed building.

 

·      What are the impacts on adjoining land?

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

 

Comments:

As indicated in the relevant sections of this report, the amended proposal will now result in reasonable and acceptable overshadowing impacts on the living areas and open spaces of adjoining residences to the east. The reduction in building bulk especially on the north elevation on all floors has reduced this overshadowing impact, while still providing for a reasonable level of redevelopment of the existing premises.

 

As also indicated in relevant sections of this report, the proposed development will not result in any adverse privacy impacts on the open spaces and living areas of adjoining properties on both the western and eastern sides.  Additionally, the amended proposal will not be over bearing and visually intrusive when viewed from the surrounding local streets and from the rear yard and living areas of adjoining properties.

 

·      What is the internal amenity?

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

 

Comments:

The application has rationalized the layout and improved the internal amenity of most of the front units within the existing envelope particularly to the street front. Additionally, the amended proposal also maximises the amenity of new units in the extended sections to the rear without  detrimentally impacting upon the amenity of adjoining properties in terms of overshadowing, overlooking and visual bulk and scale.

 

In conclusion, the proposed development is considered to satisfy the planning principles relating to existing use rights. The proposal is considered to be consistent with the objectives of the 2A Zone, and will create a building which is compatible with the residential character of the locality. Therefore, the intensification of the existing non-conforming use under the amended scheme is considered to be warranted.

 

2.4.2          Randwick Local Environmental Plan 1998 (Consolidation)

 

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

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposed development is defined as “multi-unit housing” pursuant to Clause 49 of the LEP, and is a prohibited use within the 2A Zone. However, as discussed above, the subject site is considered to benefit from existing use rights so that the provisions of the Randwick LEP apply only as a guide to the proposed development. Applied as such, the assessment indicates the following:

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

Comments:

The deletion of the mansard roof form and reduction in the rear extensions on Levels 1, 2and 3 under this amended proposal results in a less bulky building form that will be compatible with the low density residential environment of the locality.

 

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

Comments:

The immediate residential area has low density residential development (predominantly characterised by dwelling houses and semi-detached dwellings) which contain landscaped open space at the rear of the allotments. The rear sections of these premises are substantially well setback from rear boundaries to provide for deep open landscaped rear yards with occasional swimming pools and outbuilding structures. The proposal has provided an amended landscape plan that provides details of the landscape treatment that will enhance the existing landscape character of adjoining properties as well as complement the reduced built form of the proposed development. The design scheme is therefore considered to maintain the desirable attributes of the local character.

 

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

Comments:

The proposal will result in acceptable overshadowing, privacy and visual bulk and scale impacts to adjoining eastern and western properties. Additionally, while the proposal maintains the existing max 2.5m side setbacks of the existing RFB to the street front (given that the proposal is for alterations and additions and not a completely new building), it will provide for wider 3m western side setbacks in the extended rear sections of the proposed building which, together with a reduced built form, will assist in further protecting the amenity of existing residents in adjoining properties. However, in relation to car parking, the absence of any car parking in the proposed development will result in increased on-street car parking in an area which is already experiencing high on street car parking demand to the detriment of existing residential amenity. 

 

Clauses 20E Landscaped Area, 20F Floor Space Ratios and 20G Building Heights

The proposal is made permissible by the existing use rights provisions of the Environmental Planning and Assessment Act 1979. Accordingly, Clauses 20E, 20F and 20G of the LEP relating to landscaped area, floor space ratio and building heights respectively do not strictly apply to the development. Notwithstanding this, the amended proposal has the following development statistics compared with the controls applicable in the Residential 2A zone:

 

Clause

Requirement

Proposal

20E Landscaped area

(2) Minimum 40% of site area in 2A Zone for dual occupancy

Approximately 57% (433m2)

(3) Landscaped areas over podiums or excavated basements not to exceed 50% of required provision

All landscaped areas are provided on deep soil

20F Floor space ratio

(1) Maximum 0.5:1 in 2A Zone for dual occupancy

0.86:1 (655.1m2 GFA)

20G Building heights

(1) Maximum building height 9.5m in 2A Zone for dual occupancy

12m

(3) Maximum external wall height 7m in 2A Zone for dual occupancy

12m

2.4.3      Draft Randwick Local Environmental Plan 2012

Under the Draft LEP, the subject site is zoned R2 Low Density Residential in which the proposal is permissible. The controls applicable over the subject site under the Draft LEP are:

 

Max FSR - 0.5:1

Max Building Height – 9.5m

 

2.4.4   State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

 

The original proposal was referred to the SEPP 65 Design Review Panel on 2 February 2012. The Panel essentially found the original proposal satisfactory subject to a number of suggestions and these are reviewed in relation to the amended proposal on 28 August 2012:

 

1.         Relationship to the Context of the Proposal 

The existing building is unexceptional in the streetscape of this part of Burnie Street / Clovelly Road. There are many existing apartment buildings in the area, of mixed quality. The row of terraced shops in Burnie Street, the Clovelly Hotel and its neighbours and some of the buildings opposite point to a more urban condition for this part of the street.

 

The neighbour to the west is a new 3 storey dual-occupancy, providing a reasonable precedent for the scale and footprint now proposed. Conversely, the eastern boundary has a number of residential neighbours backing onto it. This will present challenges to adding volume at the rear, and retaining a green setting for the benefit of all properties in the block.

 

The Panel commended the applicant for discussing the proposal at the pre-DA stage, as the issues involved needed sensitive design interpretation to achieve the best result.  The Panel notes that the applicant has in general responded well to the suggestions made following the Pre-DA meeting.

 

Comment: The amended proposal, with its reduced floor area, bulk and scale,   brings the proposed development further in line with the Design Review Panel’s comments. In particular, the greater setback of the extended sections on Levels 1, 2 and 3 from the rear boundary will further reduce privacy and visual bulk and scale impacts on residential neighbours to the sides and rear. Under the amended scheme, the addition of less building volume to the rear in conjunction with an amended landscape plan, is now considered reasonable and acceptable.

 

2.         The Scale of the Proposal

The scale of the project is consistent with that of the street and the surrounding buildings and is satisfactory.

 

Comments: The amended proposal will have less building volume and greater setback at the rear and brings the proposal further in line with the Panel’s assessment.

 

3.         The Built Form of the Proposal

At the Pre DA meeting the Panel recommended:

 

“that the additions be concentrated on the footprint of the existing, limiting the rear extension to the rear to 3-5 metres. Terraces and gardens facing north to the common garden are fully supported. However the Panel considers that the tiered arranged proposed at the rear extends too far to the north into the garden area.  A number of cross sections will be required to describe the relationships to the neighbouring properties.”

 

The applicant has followed this recommendation and the current built form is supported by the Panel.

 

It was also noted that:

 

“The existing building has no car parking for its 7 x 2 bedroom apartments. Given that a basement is impossible due to the retention of the existing building, the Panel would prefer that no car parking were provided in this instance, as;

 

a complying amount of car parking would necessitate the demolition of the existing buildings

 

-        only 2 awkward spaces could be provided in the front garden, which would result in the loss of the front garden and on-street parking spaces

-        the site is well served by public transport

-        car share is already established and available in Randwick and this project could support its extension to Clovelly.”

 

The Panel continues to support this view.

 

Comment: The existing development is constrained by the absence of any parking on-site. Notwithstanding the improvements to the design and amenity of the existing building that the amended development will bring, the absence of any parking provision under the amended scheme is not supported (see assessment of car parking in section 2.5 below). Accordingly, the proposal is recommended for refusal on parking grounds.

 

Apart from the proposed roof form the overall design of the building is now well resolved.  However, the proposed “mansard” roof is dominating and considered out of character with the existing building and its neighbours and does not appear to reduce shadow effects.

 

It is therefore very strongly recommended that the walls containing the additional floor should be formed by extending the side walls of the existing building and that a roof that minimises the shadow impacts be used.

 

Comment: The amended proposal has deleted the mansard roof and provided a low profile roof with a minimum pitch. This has further improved the solar access and bulk and scale impacts of the proposal in line with the Design Review Panel’s comments.

 

4.         The Proposed Density

The proposed density of 1.08:1 is not excessive for this location and in relation to its immediately surrounding buildings. 

 

However any argument for additional density above the LEP standards should be supported by design quality, good amenity for all dwellings, and reasonable impacts on neighbours.

 

Comment: The amended proposal has adequately supported the case for additional density on the basis of good design quality and reasonable impacts on neighbours as indicated in relevant sections of this report. The proposed additional density has now been underpinned by a good design quality for the following reasons:

 

·      It has provided for significant reductions in floor area to provide for a stepped built form to the rear which will not be visually intrusive and overbearing in the context of existing development in the local area;

 

·      It has deleted the mansard style roof and replaced it with a flatter low profile roof that will no longer make the proposed building dominant and out of character with both the existing building and its neighbours.

 

·      It has a significantly reduced the footprint on the ground, first and second floors inclusive of enclosing side walls to rear balconies and in turn reduced the visual bulk and scale of the proposal. Additionally, it has reduced the extension of the proposed development beyond the existing footprint of adjoining properties to the west.

 

The solar diagrams provided by the applicant suggest that impacts on the buildings to the east will be minimal, however information on window shadowing has not been provided and this should be requested of the applicant and reviewed by the assessing officer.

 

Comment: Revised shadow diagrams for the amended proposal, particularly, the affected elevations of the adjoining eastern properties, show that there will be reduced overshadowing impacts to the living areas and open spaces of these adjoining properties.

 

5.         Resource and Energy Use and Water Efficiency

As previously noted:

“The proposal has the framework for good environmental performance. The retention of the existing building allows for recycling of fabric, preserving the embodied energy in the existing structure and reducing demolition waste, truck movements, excavation and the like.

 

The following items should be included in the design:

 

-      Sunshading appropriate to orientation

-      A rainwater tank for garden watering

-      Ceiling fans in all living rooms and bedrooms (and clearly marked on the plans)

-      Window operation shown on elevations (so that cross ventilation efficiency can be assessed)

-      Good day-light and fresh air to all common areas

-      External clothes lines”

 

The Panel would like the following information included in the drawings:

 Sunhoods / weather protection to the street facing openings

 

The rainwater tank (a bladder tank could possibly be incorporated in the existing sub floor space)

 

Ceiling fans shown dotted on the plans

 

Comment: additional energy and resource efficiency measures can be applied by way of conditions should approval be granted.

 

6.         The Proposed Landscape

The proposed landscaping retains and reinforces existing landscape that is important for both the occupants and the neighbours.

7.         The Amenity of the Proposal for its Users

The units are well planned.

 

Comment: The application has rationalized the layout and improved the internal amenity of most of the front units within the existing envelope particularly to the street front. Additionally, the amended proposal also maximises the amenity of new units in the extended sections to the rear without detrimentally impacting upon the amenity of adjoining properties in terms of overshadowing, overlooking and visual bulk and scale.

 

8.         The Safety and Security Characteristics of the Proposal

It was previously noted that:

“Consultant advice needs to be obtained with regard to structure, fire separation, wheelchair accessibility (Access to Premises Code) and other BCA requirements.

 

Skylights and glazing placed within 3m of the boundary will require some form of fire protection.  As this will affect the appearance of the building the method should be described on the drawings for assessment.”

 

It is unclear to the Panel if this information has been provided and assessments carried out.

 

Comment: Details regarding safety and security can be addressed by way of conditions should approval be granted.

 

9.         Social issues

As previously noted:

 

“The proposal for smaller, more affordable units is considered highly appropriate for the Clovelly area. Compact units without car parking can make a positive contribution to housing affordability, in an area noted for high prices and increasingly large dwellings.”

 

Comment: as indicated in previous comments above, the degree of intensification and expansion to the existing residential flat building under the amended scheme is reasonable and acceptable in terms of the density, bulk and scale and the amenity impacts on adjoining properties. However, the proposal will have a shortfall of 5 car parking spaces which is not supported and accordingly is recommended for refusal on this basis.

 

10.      The Aesthetics of the Proposal

The Burnie Street façade and the northern end of the building have been very successfully resolved (with the exception of the placement of the rainwater head).  However, as suggested above, the Panel is of the view that the roof and walls to the new floor should be redesigned to improve internal space and minimise shadows.  The opportunity could also be taken to make a fine edged roof that would reduce the apparent scale of the additions.

 

The gas hot water units should be dealt with so as to reduce their impact on the living room and terrace areas.

 

Comment: As indicated in relevant sections of this report, the amended plans have now provided for a lower roof profile which significantly assists in reducing the apparent scale of the proposed additions.

 

SUMMARY AND RECOMMENDATIONS

Subject to the review of solar impacts on nearby windows and redesign of the roof as described above, the proposal is considered of high quality and is supported by the Panel.

 

Comment: The amended proposal has met a major recommendation of the DRP, namely, the deletion of the out of character mansard roof and its replacement with a fine edged roof to reduce overshadowing and intrusive visual bulk and scale. 

 

2.4.5               State Environmental Planning Policy (Affordable Rental Housing) 2009

The existing building is not strata titled and currently contains 7 two-bedroom rental units. State Environmental Planning Policy (Affordable Rental Housing) 2009 requires an assessment of any potential loss of low rental accommodation housing in any redevelopment of residential flat building / boarding houses pursuant to Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009. The SEPP primarily requires accurate rental data to be provided to determine if an existing property is a low rental residential building under the specific definition provided in Clause 49 1) of the SEPP (defined as those buildings that were low-rental residential buildings as at 28 January 2000, and does not apply to any building that becomes a low-rental residential building after that date).

 

The applicant has provided details indicating that all existing 7 two-bedroom dwellings on site are low rental dwellings which will be lost as a result of the proposed development and, accordingly, payment of a monetary contribution to off set the loss as required under the SEPP.  In applying the Department of Planning’s online tool, a contribution of $396,725.00 has been calculated to offset the loss of 14 bedrooms. It is considered that a condition imposing this contribution would adequately mitigate the reduction of affordable housing resulting from the development should approval be granted. Accordingly, the payment of a contribution for the loss of low cost accommodation is justified in this instance and assists in achieving the outcomes of the Departments State housing initiatives

 

2.5.   Policy Controls

 

2.5.1          DCP – Multi-unit Housing

The proposal is made permissible by the existing use rights provisions of the Environmental Planning and Assessment Act 1979. As such, the provisions of the DCP – Multi-unit Housing do not strictly apply. Notwithstanding this, the amended proposal has adequately satisfied the performance requirements of the DCP in relation to height (Clause 3.2), setbacks (Clause 3.3), density (Clause 3.4), privacy (Clause 4.2), solar access (Clause 4.4) as assessed in relevant sections of this report.

 

2.5.2          DCP - Parking

Despite a reduced number of dwelling units under the amended proposal, no off–street car parking has been provided. In doing so, the proposal relies, in part, on an existing credit in car parking arising from the absence of any car parking in the existing development. Additionally, the applicant advises that there are physical and cost constraints on providing car parking in the current proposal.

 

Notwithstanding existing use rights, the following car parking spaces are normally required for development of the type proposed under the DCP - Parking:

 

Use

Requirement (DCP – parking)

Proposed number and/or floor area

Required provision

Proposed provision

 

1 space per two studio dwelling

1 x studio dwelling

0.5

 

 

 0 car spaces

 

1 space per one bedroom dwelling

4 x one bedroom dwelling

4

 

1.2 spaces per two bedroom dwelling

6 x two bedroom dwellings

7.2

 

1.5 spaces per three bedroom dwellings

Nil

0

 

Visitor:

1 space per 4 units

Total dwellings = 11

2.8 spaces

 

TOTAL

 

 

14.5 or 15  spaces

5 spaces (and credit of 10 spaces)

 

After accounting for an existing credit of 10 (8 residential and 2 visitor) spaces in the existing development, the proposal will have a net shortfall of 5 car spaces. The applicant has provided an amended Traffic and Parking Report to justify the shortfall. Council’s development engineer has assessed the report and advised as follows:

 

“Parking Provision Comments

Parking Requirements for the site have been assessed as per Councils DCP-Parking which states the following rates for multi-unit dwellings;

1 bedroom unit or studio over 40sqm = 1 space

2 bedroom unit = 1.2 spaces

3 bedroom units = 1.5 spaces

Visitor parking to be provided at the rate of 1 space per 4 units

Bicycle parking to be provided at 1 space per 3 units plus 1 visitor space per 10 units

1 car wash bay to be provided per 12 units (visitor spaces may be used as car wash bays)

Existing Development -  Parking Demand

For the existing development consisting of 7 x 2 bedroom apartments;

 

Existing Parking Demand      = 7 x 2 bedroom = 7x 1.2    = 8.4

                       Visitor = + 7/4           = 1.75

                                                     = 10.15

                                                     = say 10 spaces

Existing Parking Provided     = Nil

Parking Credit  = 10 spaces

 

Proposed Development - Parking Demand

The amended plans, stamped by Council 13/8/12, It is stated the proposed development will consist of, 6 x 1 bedroom units, 5 x 2 bedroom units (total 11 apartments) the DCP-Parking ;

 

Proposed Parking Demand           6 x 1 bedroom = 6 x 1 = 6

                       5 x 2 bedroom = 5 x 1.2      = 6

                       Visitor = 11/4            = 2.75

                                                     = 14.75

                     Total Required              = 15 spaces

                      

Proposed Parking Provided   = Nil

 

Parking Deficiency              = 15 -10(parking credit)

                              = 5 spaces Deficient

 

Comments relating to Traffic & Parking Assessment by Silver Wolf Projects P/L dated 15th October 2012

 

The Parking Data submitted as part of the Traffic & Parking Assessment by Silver Wolf Projects P/L

 

Tuesday (6/12/2011) between 9:30am – 4:00pm showed that of the 67 spaces available 64% (43 spaces) - 84% (56 spaces) were taken

 

The data for the following dates showed an additional 5 on-street car spaces

 

Monday (8/10/2012) over a 24hr period showed that of the 72 spaces available 72% ( 52 spaces) - 94% (68 spaces) of available parking spaces were taken

 

Wednesday (10/10/2012) over a 24hr period showed that of the 72 spaces available 67% (48 spaces) - 97% (70 spaces) of available parking spaces were taken

 

Friday (12/10/2012) over a 24hr period showed that of the 72 spaces available 64% ( 46 spaces) - 97% (70 spaces) of available parking spaces were taken

 

Saturday (13/10/2012) over a 24hr period showed that of the 72 spaces available 89% (64 spaces) - 99% of available parking spaces were taken.

 

The stated conclusion in the Traffic & Parking Assessment states that for a 16hr period (6:30am – 10:00pm) the on street car parking space availability was between 2 - 25 spots and that for the remaining 8hr period (10:00pm – 6:00am) on street car parking space availability was between 2 - 8 spaces.

 

Considering the calculated 5 additional car spaces that the proposed redevelopment will generate these cars may take up between 20%-100% of the available spaces in the 6:30am – 10:00pm period and 60%-100% of available spaces in the 10:00pm – 6:00am period.

 

Development Engineering believes that development’s impact on the available on street parking is high and does not support the development application in regards to the impact on parking.”

 

Accordingly, based on the parking information provided, the shortfall in car parking cannot be justified and, accordingly, the development application should be refused.

 

2.5.3          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 in relation to the amended proposal should approval be granted:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$1,968,250.00

1.0%

$19,682.50

 

2.6    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.

 

2.5.1     Likely impact of the development - S79C(1)(b)

 

2.5.1.1      Natural Environmental Impacts

The subject site contains an existing residential building and associated external outbuilding and paved/slab areas within an existing built-up area in Clovelly. As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site.

 

2.5.1.2  Built Environmental Impacts

 

Urban Design and built form

An assessment of the amended proposal in the context of its local area of the subject site, which is the area north of Burnie Street, indicates the following: 

 

·      The increase northern rear setbacks of the proposed development at Levels 1 to 3 are considered generous having regard to the minimum 8m setback that would be required under Council’s DCP – Multi-unit Housing in Residential 2C zones. Given the that the “local area” of the subject site is a Residential 2A zone, the provision of rear setbacks to Levels 1, 2 and 3 well in excess of the minimum 8m requirement is considered reasonable in ameliorating the visual bulk and scale of the proposal especially when viewed from Burnie Street and Keith Street in the context of the predominantly traditional tiled pitched roof form of the surrounding low density development in the local area.

 

·      The reduction in the length of the proposed extension to the rear will significantly reduce the apparent continuous wall planes of the building along the eastern and western sides. This would reduce the previous overbearing scale of the proposed building under the original scheme. In particular, the amended proposal will bring the scale of the building closer to, and in alignment with, the existing building envelope so that the proposal now relates better to the existing residential flat building in the adjoining western property at No 367 Clovelly Road and the large existing attached dual occupancies at  No 57 and 57a Burnie Street.

              

·      The amended proposal replaces the original mansard style roof to a low profile roof with minimal pitch. This new roof form provides a more symmetrical shape that reduces the visual bulk and scale of the proposed development when viewed from the side, front and rear elevations. The low profile roof will be more compatible with the existing roof of the surrounding residential developments in the context of the predominantly low scale, low density character of the immediate locality.

 

·      The residential allotments in the proposal’s local area are predominantly characterised by open courtyards at the rear. The amended proposal will  maintain a considerable rear setback of approximately 21.6m (to the edge of the glass-line). Additionally, the increasing rear setback of the building as the addition increases in height at the rear is considered to be compatible with the existing setbacks in the local area and in particular of the adjoining properties to the west.

 

·      The amended application is accompanied by an amended finishes and materials schedule. In particular, the use of a combination of rendered brick elements and metal screens and refurbished and new matching timber framed windows will contribute to the appropriate articulation of the building facades and reduction of their visual bulk and scale.

 

The amended form, massing, proportions and finishes of the development are now considered to contribute to an appropriate architectural outcome and would not detrimentally impact on the visual amenity of the neighbouring residences. The amended development scheme will be appropriate in the surrounding context and demonstrates a skilful design that fits into the character of the local area.

 

Over shadowing

The applicant has provided updated shadow diagrams for the amended proposal and shadow analysis indicates that, at 9:00am and 12 midday in mid-winter, the western and southern properties will not be unreasonably overshadowed by the proposal in mid-winter having regard to, among other things, (1) the limited number of windows and their predominantly translucent glazing in the east elevation of the adjoining western property and (2) the wide and high extensively glazed north-facing openings already available in the western property that predominantly will not be affected by overshadowing from the now shortened extension to the rear of the proposed development. Furthermore, the natural north-south orientation of the subject site and that of the adjoining western property means that the shadow impact shifts from west to east and is shared between the two properties.

 

From 12 midday to 3:00pm, there will be increased overshadowing of the eastern adjoining buildings in the mid-winter afternoon and these are assessed as follows:

 

4 Keith Street

There will be no significant increase in overshadowing to No 4 Keith Street in mid-winter under the amended proposal.

 

2A Keith Street

The west-facing windows in the west elevation of No. 2A Keith Street will be free from overshadowing from the amended proposal during a large portion of the mid-winter day with overshadowing only occurring from 2:30pm onwards. Even so, these north-facing windows will continue to receive sunlight to the top portion of the glazed area from 2:30pm to 3:00pm such that the minimum 3 hours solar access during the winter day is maintained. In this regard, the degree of solar access retained to these windows accords with the planning principle established in the case of The Benevolent Society v Waverley Council [2010] NSWLEC 1082 in that adequate solar access in the built space behind the exposed glazed area will be achieved by the sun falling on the comparatively modest portion of the glazed area of the subject window. Accordingly, the overshadowing impact upon No. 2A Keith Street is improved under the amended scheme compared with the original proposal.  

 

The owner of No 2A Keith Street has objected to the loss of sunlight to the western rear yard of this property. As with the impact of overshadowing on the west facing wall of this property, the western rear yard of No 2A Keith Street will only begin to receive sunlight approximately 11:30 am in mid-winter because the objector’s rear yard suffers naturally from the fact that the western rear yard is in  the shadow of its own building in the winter morning. The applicant’s shadow diagram indicates that the rear yard will be partly overshadowed by the new building at 2:00pm gradually increasing through out the remainder of the winter day. While there will be an earlier onset of overshadowing of the rear yard in the winter afternoon as a result of the proposed development, this increase is considered reasonable and occurs as a direct and natural consequence of the orientation of the subject site rather than an inappropriate building design especially given that the amended building has been designed to further reduce its mass, bulk and scale.

 

2 Keith Street

The west-facing windows in the west elevation of No. 2 Keith Street will be free from overshadowing from the amended proposal during a large portion of the mid-winter day with overshadowing only occurring from 1:30pm onwards. Even so, these north-facing windows will continue to receive sunlight to a part of the  glazed area from 1:30pm to 2:00pm such that the degree of solar access retained to these windows accord with the planning principle established in the case of The Benevolent Society v Waverley Council [2010] NSWLEC 1082/  In that case, adequate solar access is considered to be achieved in the built space behind the exposed glazed area by the sun falling on the comparatively modest portion of the glazed area of the subject window. As the west facing window of No 2 Keith Street is already overshadowed by the existing building at 2:30pm and the new shadow from the proposed development falling upon the roof of No. 2 Keith Street at this same time, the overshadowing impact of the new building upon No. 2 Keith Street is considered minor and acceptable.

 

No 357 Clovelly Road

West facing windows of the lower ground floor units of No 357 Clovelly Road will be overshadowed by the new building at 12:00pm while the west facing windows of the upper floor unit of this building will be overshadowed by the proposal at 1:00pm. The shadows diagrams show that both the lower and upper floor windows of  No 357 Clovelly Road will be overshadowed about half an hour earlier by the proposed building than the existing building. The effective loss of half an hour solar access in mid-winter is considered reasonable for eth following reasons:

 

§ While  the increase in overshadowing occurring after 3:00pm are considered significant impacts by the owners of the affected units in No 357 Clovelly Road, given that solar access to these west facing units only occurs after 12 midday, this overshadowing impact occurs as a natural consequence of the north-south orientation of the subject site in relation to the objector’s property (that is, the proposed shadow shifts from west to east). In much the same way, the objectors’ properties suffer naturally from the fact that the west facing windows in No 357 Clovelly Road are naturally in the shadow of its own building in the winter morning. The additional overshadowing impact is a direct and natural consequence of the orientation of the subject site rather than an inappropriate building design especially given that the amended building has been designed to further reduce its mass, bulk and scale.

 

§ The overshadowing to No 357 Clovelly Road is mainly caused by the front section of the proposed building in which the existing bulk of the building is currently located and is minimally caused by the rear extensions that are part of this amended design scheme. 

 

§ The overshadowing is a function of the close proximity of the two buildings as they exist on site such that any addition on the subject site will result in some minor increase in overshadowing upon No 357 Clovelly Road unavoidable.

 

§ The overshadowing impacts on the west facing windows of No 357 Clovelly Road can be ameliorated internally for affected units by the orientation of other primary/secondary windows to the south and east.

 

Loss of privacy

The amended plans have now addressed concerns regarding loss of privacy raised by adjoining property owners as follows:  

 

·      The original proposal resulted in overlooking of the rear yards of the adjoining eastern properties fronting Keith Street at Nos 2, 2a and 4 as well as the open space of the existing RFB at No 357 Clovelly Road from the proposed mid-block east-facing balconies on Levels 1 and 2. The amended plans show that these mid-block balconies have been deleted and therefore overlooking concerns to the rear yards of the eastern properties will no longer arise.

 

·      Under the original proposal, the rear yards of Nos. 6 and 8 Keith Street were overlooked by the north-facing balconies in the extended sections of Levels 1 and 2. The amended plans show that the north-facing balconies in the extended section of Levels 1 and 2 have now been further setback from the rear boundary of the subject site with the reduction in the length of the first and second floor additions to the rear. This has resulted in an increased separation distances of 12m and 17m between the north-facing balconies and the rear yards No. 6 and 8 Keith Street. This separation distance is considered adequate and, as a guide, is consistent with the 10m separation distance for privacy under the DCP – Multi-unit Housing .

 

·      There will be potential overlooking of the rear yard of No. 4 Keith Street as a result of the reduction in length of the rear additions containing the  north-facing balconies in Levels 1 and 2 under the amended scheme. A condition can be applied, should approval be granted, for the fixed proposed privacy screens along the eastern edge of these north-facing balconies on Levels 1 and 2 to be returned and wrap around the northern edge for a distance 1.2m to offset and angle the sight line from these balconies into the rear yard of No 4 Keith Street. This will achieve the performance requirement of the DCP - Multi-unit housing which requires overlooking sight lines to be angled and screened to reduce potential privacy impacts into adjoining properties where the separation distance is less than 10m.  

 

·      Under the original proposal, the rear yards of No. 57a and No. 57b Burnie Street were overlooked by the north-facing balconies in the extended sections of Levels 1 and 2. The amended plans show that the north-facing balconies in the extended section of Levels 1 and 2 have now been further setback from the rear boundary of the subject site with the reduction in the length of the first and second floor additions to the rear. This has resulted in an increased separation distances of approximately 15m and 17m from the north-facing balconies on Levels 1 and 2 respectively to the rear yard of 57A Burnie Street. This separation distance is considered adequate and, as a guide, is consistent with the 10m separation distance for privacy under the DCP – Multi-unit Housing. Notwithstanding this, a   condition will be applied for the fixed proposed privacy screens along the western edge of these north-facing balconies on Levels 1 and 2 to be returned and wrap around the northern edge for a distance 1.2m to offset and angle the sight line from these balconies into the rear yard of No 57A Burnie Street. This is consistent with the provisions of the multi-unit housing DCP which requires overlooking sight lines to be angled and screened to reduce potential privacy impacts into adjoining properties where the separation distance is less than 10m.  

 

·      The north-facing top floor balcony of the proposed studio on Level 3 will be provided with a planter bed along its western, northern and eastern edges which will mitigate against overlooking of adjoining properties.

 

In addition to the measures identified in the above-listed considerations, screening measures including the use of high sill and translucent glazing to relevant living room and kitchen windows can be applied to further reduce overlooking should approval be granted.

 

Loss of Views

Objections regarding loss of views have been received from objectors in the residential flat building at No 298 Clovelly Road. Applying the planning principles for assessing view loss established in the case of Tenacity Consulting v Warringah Council, the impact of the amended proposal on views from the property is as follows:

 

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

 

The views from this objector’s unit towards the subject site are essentially district views of Clovelly looking north to -north-east. Accordingly, any views affected by the proposal are not iconic. However, to the objector, these views are considered highly significant.

 

Figure 6 : View of, and across, the subject site from No. 298 Clovelly Road.

 

Step 2:      “The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries.”

 

While the view of Clovelly district are obtained across the front northern boundary, the view that would be affected by the proposed development is obtained in an oblique angle looking north-east so that protection of the specific  district over the subject site in this manner is considered difficult.

 

Step 3:      “The third step is to assess the extent of the impact… The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them)… It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

The affected district views are obtained from the first floor living area and balcony of the objector’s property and therefore are highly valued by the residents in the this  property. However, having regard to the oblique direction towards this view from the objector’s property and the limited extent of this view that will be obstructed by the actual proposed development, the view loss is considered minor.

 

Step 4 :     “The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of noncompliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours.”

 

The affected district view that will be obstructed is non-iconic. Notwithstanding this, the amended proposal represents a more skilful design in terns of view sharing in that the upper floor-cum-mansard roof element has been replaced by a flatter low profile roof. Furthermore, the portion of district view that will obstructed by the amended proposal will be smaller given the reduction in FSR from the originally proposed 0.94:1 to 0.86:1.

 

2.5.1.3      Site suitability

The subject site is zoned Residential 2A and the proposed development is prohibited in the zoning. However, the subject site has the benefit of existing use rights allowing the proposed intensification and enlargement of the existing residential flat building on-site pursuant to existing use rights provisions the EP&A Act. The amended proposal will result in an appropriately reduced built form that is considered suitable on the subject site having regard to the compatible scale that the amended proposal will have in relation to existing development in the locality as discussed in relevant sections of this report. However, in relation to car parking, the subject site is located in an area in which any loss of on-street car parking to accommodate the short fall in the required on-site car parking will be critical. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

Outcome:                 Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction:          Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

In accordance with Council’s resolution at the Council Meeting held on 26 June 2012, the application has been deferred for the applicant to address the recommended reasons for refusal. The applicant has made substantial changes to the proposal, and provided additional information and details to address the reasons for refusal.

 

Overall, as detailed above, the amended plans and additional information have resulted in the following positive responses:

 

§ adequately and reasonably addressed each recommended reason for refusal in the original Section 96 assessment report to Council such that the amended proposal is now satisfactory and supportable

 

§ adequately and reasonably addressed each objection raised in the resident submission to the amended DA proposal such that the amended proposal is now satisfactory and supportable

 

§ adequately and reasonable addressed issues raised by the SEPP 65 Design Review Panel in their comments dated February 2012 such that the amended proposal is now satisfactory and supportable

 

§ adequately reduced the building footprints, proportions, and massing and  considered to be compatible with the existing development pattern in the area; will not overwhelm the scale of adjoining residential dwellings; and results in acceptable amenity impacts.

 

Notwithstanding the above, the development proposal is unable to provide for the additional car parking requirement amounting to 5 car parking spaces which Council’s development engineer considers significant. Accordingly, as indicated in the original assessment, the complete deficiency in car parking, exacerbated by the existing parking credits already available to the existing dwellings on-site, which, if accommodated on-street in the locality, will add further pressure on the high demand for car parking already experienced by residents in these streets.

 

For the reason relating to car parking, it is recommended that the subject application be REFUSED.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/94/2012 for alterations and additions to an existing multi-unit housing building including addition of a new upper level to create a part 3 and part 4 storey multi-unit building with 11 residential units, landscaping, strata subdivision and associated works at 59 Burnie Street, Clovelly, for the following reason:

 

1.       The proposal does not provide any car parking on-site and does not comply with the parking rate specified in Council’s DCP – Parking.  Due to the significance of the proposed parking deficiency, the proposal is not considered to meet the relevant objectives of the DCP Parking and fails to provide an appropriate level of off street parking resulting in an adverse impact on the parking capacity of the locality.

 

Attachment/s:

 

1.View

DOP Report of 26 June 2012

 

 

 

 


DOP Report of 26 June 2012

Attachment 1

 

 

 

Director City Planning Report No. CP35/12

 

 

Subject:                  59 Burnie Street, Clovelly (DA/94/2012)

Folder No:                   DA/94/2012

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Redevelopment of existing multi-unit building including new upper level to create part of a 4 storey with 13 residential units, landscaping, strata subdivision & associated works

Ward:                      North Ward

Applicant:                Melocco and Moore Architects Pty Ltd

Owner:                         Burnie Street Clovelly Pty Limited

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This development application is referred to Council because the estimated cost of work exceeds $2M.

 

The DA originally proposed alterations and additions to an existing multi-unit housing building including addition of a new upper level to create a part 3 and part 4 storey multi-unit building with 14 residential units (comprising 3 x studio, 9 x 1 bedroom and 2 x 2 bedroom units) landscaping, strata subdivision and associated works.

 

The Design Review Panel examined the original proposal and suggested a number of critical amendments, of which some were made following additional advice provided by Council. The amended proposal is essentially the same as the original with the following minor changes:

 

§ Deletion of one dwelling unit making the total number of units 13 (comprising 2 x studio, 9 x 1 bedroom and 2 x 2 bedroom units)

§ Increased setback of the new top level by 4.89m from the rear boundary

§ Redesign of the roof into a simpler mansard style configuration

§ Provision of high sill windows on new top floor

§ Lower planter box at the street front

 

The amended plans do not overcome a major requirement of the Design Review Panel relating to the redesign of the roof form.

 

The proposal was also referred to Councils engineers.  Their assessment indicates significant concerns that no car parking will be is provided on-site for the scale of development proposed. Accordingly, the lack of car parking on-site cannot be supported.

 

The original proposal was advertised and notified from 29 February 2012 to 14 March 2012. Objections were received raising concerns relating to loss of privacy, loss of views/outlook, overshadowing and overbearing visual bulk and scale, overdevelopment, incompatibility with the existing development in the local area, and lack of car parking. These objections are considered valid as assessed in this report.

 

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998 (Consolidation). Multi-unit housing is prohibited within the zone. However, it has been established by the applicant that the existing use rights provisions under the Environmental Planning and Assessment Act 1979 apply to the site. In particular, pursuant to Clause 106 of the Environmental Planning and Assessment Act 1979 (as amended) the existing RFB has been lawfully commenced and been in existence prior to the coming into effect of the Randwick LEP 1998.

 

The amended proposal was reviewed in relation to the relevant planning criteria for the site.  The proposal was found to be inconsistent with key objectives of the zone and the controls for the subject site under Randwick LEP 1998 (Consolidation). The proposal has also failed to address relevant design considerations of SEPP 65 as required by the Design Review Panel relating to massing, amenity and architectural character. Additionally, the application has failed to address the provisions of Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009 relating to the loss of affordable housing on-site given that the existing building is a rental property.

 

The proposal is also inconsistent with the relevant Performance Standards of the DCP – Multi-unit Housing in relation to height, density, setbacks, privacy and solar access   in summary, the proposal does not represent a desirable built form outcome for the local area. 

 

The overall concept for the redevelopment of the site is not opposed in that a refurbished development has the potential to improve both internal amenity needs and external amenity impacts currently experienced on the site.  However, the scale and intensity of the proposal raises a number of concerns when assessed against key planning criteria.  On this basis, the proposal is considered unsatisfactory and recommended for refusal.

 

2.    The proposal

 

The amended proposal is for alterations and additions to an existing multi-unit housing building including addition of a new upper level to create a part 3 and part 4 storey multi-unit building with 13 residential units, landscaping, strata subdivision and associated works.

 

The amended proposal was lodged as a partial response to the SEPP 65 DRP comments and Council’s request for amendments as contained in a Council’s letter dated 23 March 2012. Specifically, the amendments are as follows:

 

·      Increase in the setback of the new upper floor by approximately 4.89m from the rear boundary and deletion of one unit reducing the total number of dwelling units to 13 (Council had requested complete deletion of the area occupied by two proposed units (Units 11 and 12) in the original scheme so that the upper floor would be setback 13.6m from the rear boundary)

·      Reconfiguration of the roof by extending masonry walls up to the window sill /balustrade of the new upper floor with a recessed band above the window sills separating a new but essentially “mansard” style roof (Council had requested complete deletion of the originally proposed mansard roof form and its replacement with a more plain flat roof form to minimise visual bulk and scale and overshadowing impacts).

·      Provision of a revised traffic and parking assessment to support the proposal having no parking facilities (Council had requested reduction in the shortfall of car parking by way of deletion of units or provision of car parking in the existing sub floor area. Council advised that the shortfall in car parking of 6 spaces is significant and arises as a consequence of the excessive additional floor area and dwelling units).

·      Provision of high sill windows on the east and west elevations of the top floor level (Council had requested deletion and/or provision of high sill windows adjoining all living areas on all levels)

·      Provision of privacy screens to the side boundaries for all balconies on the northern end. (Council had requested overlooking from all balconies to be minimised/eliminated)

·      Provision of revised shadow diagrams as per Council’s request for accurate shadow diagrams including elevational impacts.

·      Reduction in height of planter boxes at the street front to a maximum height of 600mm as per Council’s request.

 

The scope and extent of the revisions are minor and tend only to minimally address the issues of concerns and, therefore, were not re-exhibited.

 

3.    The subject site and surrounding area

 

The site is located on the north northern side of Burnie Street, Clovelly, just east of the intersection of Burnie Street and Clovelly Road. The site is rectangular in shape, having an overall area of 755.2 sqm. The site has a southern frontage to Burnie Street of 12.0m, a western (side) boundary of 55.895m, a northern (rear) boundary of 13.26m, and an eastern side boundary of 56.675m.  The subject site slopes down from the street front to the rear by some 3m.

 

The site is presently occupied by an existing part 2 and part 3 storey residential flat building. The building contains 7 dwelling units (7 x 2 bedrooms) with no car parking. The site also contains a large communal open space at the rear accessed via side pathways.

The site is adjoined to the immediate north by the rear yard of the adjoining property at No. 10 Keith Street. Adjoining to the east are rear yards and building lines of properties at Nos. 2 & 2A (semi-detached pair of dwellings), No. 4 (detached dwelling house), and Nos. 6 & 8 (semi-detached pair of dwellings) Keith Street. Also adjoining to the east is the side elevation of an existing RFB at No. 357 Clovelly Road containing. To the west is an existing dual occupancy at No. 57a Burnie Street.  Adjoining the subject site to the south is Burnie Street with predominantly existing residential flat buildings on the opposite side of this street given its Residential 2C zoning.

Photographs of the site and surrounds

1. The existing residential flat building at 59 Burnie Street.  

2. Adjoining residential flat building to the east north at No. 357 Clovelly Road

 

4. Adjoining dual occupancies at Nos. 57 and 57a Burnie Street (to the far right) in the context of Burnie Street viewed west...

4. Adjoining dwelling houses at Nos. 2, 2A, 4, 6 and 8 Keith Street, whose rear yards abut the subject site. 

 

 


 

6. Residential flat buildings on the opposite southern side of Burnie Street, which is zoned Residential 2C and does not form part of the local area of the subject site.

 

 

Figure 1 Aerial view of the subject site and surrounding built environment

 

4.    History

 

Council’s record indicate approval (BA/204/2940) granted for a residential flat building containing 7 units on 3 April 1940.

 

5.    Community Consultation

 

The proposal was exhibited in accordance with Council policy. Objections were received from the following addresses:

 

296 Clovelly Road, Clovelly
4 / 357 Clovelly Rd, Clovelly

3/357 Clovelly Road, Clovelly

1/298 Clovelly Road, Clovelly

2/298 Clovelly Road, Clovelly

3/377a Clovelly Road, Clovelly

4/298 Clovelly Road, Clovelly

57a Burnie Street, Clovelly 

57 Burnie Street, Clovelly 2031

2A Keith Street, CLOVELLY, NSW 2031

2 Keith Street, Clovelly

4 Keith Street, Clovelly

9 Allan Avenue, Clovelly

55 Burnie Street, Clovelly
Clovelly Precinct Committee

The following concerns have been raised by the objectors:

1.         Inappropriate intensification of existing use based on Residential 2C zoning

Objections to the applicant’s assessment of the proposal against the planning provisions of the Residential 2C zone when the immediate surrounding zoning is Residential 2A are considered valid. In particular, the applicant’s submission of SEPP 1 Objections based on Residential 2C FSR and height standards, notwithstanding the existence of existing use rights, is erroneous and ignores the fact that the subject site is located within a Residential 2A zone. Accordingly, Section of this report assesses the proposal against the objectives of the proper zoning of eth subject site and its local area. In regards to context, as indicated in Section below, the local area within which the proposal is located and against which it should be assessed is the surrounding area on the northern side of Burnie Street. This low scaled, predominantly detached and semi-detached residential area forms the “visual catchment” of the subject site rather than the denser and older 3-4 storey residential flat buildings on the southern side of Burnie Street.

 

2.         Loss of sunlight

The applicant has provided shadow diagrams and shadow analysis with the amended plans which indicate that, while the western and southern properties will not be unreasonably overshadowed by the proposal in mid-winter due to the north-south orientation of the subject site as the proposed shadow shifts from west to east, there will be increased overshadowing of eastern adjoining buildings in the mid-winter afternoon. In particular, the living area windows on the west elevation of No 357 Clovelly Road and No. 2a Keith Street will have solar access reduced to less than the minimum 3 hours required during the winter solstice. Similarly, the open space areas of these two properties as well as No. 4 Keith Street will have increased overshadowing to less than the minimum 3 hours required in mid-winter.

 

3.         Loss of privacy

The objections of adjoining property owners to loss privacy is considered reasonable and valid particularly in relation to the following areas:

 

·      The rear yards of the adjoining eastern properties fronting Keith Street at Nos 2, 2a and 4 as well as the open space of the existing RFB at No 357 Clovelly Road from the proposed mid-block east-facing balconies on Levels 1 and 2.

 

·      The rear yards of Nos. 6 and 8 Keith Street from the north-facing balconies in the extended sections of Levels 1 and 2.

 

·      The rear yards of No. 57a and No. 57b Burnie Street from the north-facing balconies in the extended sections of Levels 1 and 2.

 

 

4.         Loss of views

An objector on the opposite side of Burnie Street has objected to loss of views. This issue is addressed in Section 9 below.

5.         Incompatible and overbearing height, bulk and scale

Section 9 of this report assesses the built form and design of the proposal given its proposed height and FSR. The assessment looks at the existing building and the proposed additions as viewed from critical points in the local area (that is, the area that is defined as the “visual catchment” of the subject site being the immediate surrounding area north of Burnie Street). From these viewing points the proposal will appear as a visually intrusive built form with a bulk and scale significantly greater than the existing traditional detached and semi-detached, and mainly tiled pitched roof, dwelling houses in the local area as well as an incongruous over scaled mansard roof design that accentuates rather than minimises the overall bulk and scale of the proposal. Accordingly the DA is recommended for refusal.

 

6.         Substantial breaches of height, floor space ratio and other regulatory requirements

7.         Non-compliance with planning controls effectively disrespects the character of the locality and amenity of neighbours.

Non-compliance with Council’s statutory and policy controls are discussed in Sections 7 and 8 below. No valid case has been made by the applicant to indicate the degree of variation from these relevant development standards especially having regard to the intrusive nature of the proposed additions as discussed in Section 9 below; and the adverse amenity impacts on adjoining and surrounding properties in terms of overshadowing, loss of privacy and overbearing visual bulk and scale. The non-compliance with the DCP – Car parking is also unacceptable for the reasons discussed in Section 8 below.  Accordingly the DA is recommended for refusal.

 

8.         No car parking provided for significant increase in dwelling units

The proposal essentially almost doubles the number of dwelling units from 7 to 13 without provision of any car parking. While the applicant claims the benefit of existing car parking credits and existing site constraints for the failure to provide any car parking, these considerations should not be the pretext for maximising dwelling numbers. Rather, any redevelopment of the subject site should be tempered not only by the development’s inability to provide on-site car parking but more importantly, the consequent impost on existing scarce on-street car parking that any additional dwelling units will create. Accordingly the DA is recommended for refusal.

 

9.         Proposal is inconsistent with the Height, Bulk and Scale of the area

10.      Proposal is overdevelopment of the subject site

The proposal essentially has impacts that are inconsistent with the impacts that may be reasonably expected under the planning controls applicable in eth Residential 2A zone. In particular, the proposal results in overbearing visual bulk and scale impacts that are inconsistent with the existing predominant character of the locality which the controls seek to preserve; the proposal also has impacts that are detrimental to the amenity of adjoining properties in terms of loss of views and privacy.  The proposed development therefore should be refused.

 

11.      Proposal exceeds the rear setbacks of existing adjoining properties to the west and in particular affects the outlook and privacy of adjoining dual occupancies at Nos. 57 and 57 a Burnie Street

The proposal will have a rear setback of maximum 18m which is considered reasonable and generous. However, the existing setbacks in the local area and in particular of the adjoining properties to the west are significantly greater given the established detached and semi-detached dwelling house characters as these adjoining properties in their respective Residential 2A zoning, In contrast, the introduction of new units to the extended rear section of the proposed development significantly in excess of established rear building lines will be detrimental to the amenity of adjoining properties in terms of overshadowing, overlooking and visual bulk and scale.

 

12.      Loss of established plantings and canopy

One objector raises concerns at the proposed removal of a significant eucalypt in the existing rear yard that currently is highly visible and creates a pleasant outlook. As assessed in Sections 7 and 9 of this report, the proposal involves a high degree of removal of established vegetation with no details  provided of replacement plantings. The development is not considered to have maintained a suitable landscape ambience to the site and hence is not compatible with the predominant local character.

 

6.      Technical Officers Comments

 

6.1    Development Engineering Comments

Council’s Development Engineer advises that concern is raised in relation to carparking and waste management. In relation to carparking the following comments area made :

 

“Parking Provision Comments/Issues

Parking Requirements for the site will be assessed as per Councils DCP-Parking which states the following rates for multi-unit dwellings;

1 bedroom unit or studio over 40sqm = 1 space

2 bedroom unit = 1.2 spaces

3 bedroom units = 1.5 spaces

Visitor parking to be provided at the rate of 1 space per 4 units

Bicycle parking to be provided at 1 space per 3 units plus 1 visitor space per 10 units

1 car wash bay to be provided per 12 units (visitor spaces may be used as car wash bays)

 

Existing Development -  Parking Demand

For the existing development consisting of 7 x 2 bedroom apartments;

 

Existing Parking Demand      = 7 x 2 bedroom = 7x 1.2    = 8.4

                              Visitor = + 7/4   = 1.75

                                                     = 10.15

                                                     = say 10 spaces

 

Existing Parking Provided     = Nil

Parking Credit  = 10 spaces

 

Proposed Development - Parking Demand

It is stated the proposed development will consist of, 9 x 1 bedroom units, 2 x 2 bedroom units and 2 x studio apartments (total 13 apartments) however the studio apartments are over 40sqm in size (41.8sqm) and thus have been calculated as 1 bedroom units for the DCP-Parking ;

 

Proposed Parking Demand           9 x 1 bedroom = 9 x 1 = 9

                       2 x 2 bedroom = 2 x 1.2      = 2.4

Studio Apartments >40sqm  2 x Studio  = 2 x 1     = 2

                       Visitor = 13/4            = 3.25

                                                     = 16.65

                     Total Required             = 17 spaces

                      

Proposed Parking Provided   = Nil

Parking Deficiency              = 17 -10(parking credit)

                              = 7 spaces

The applicant submitted a Traffic & Parking Impact Assessment (Silver Wolf Projects P/L), the supplied parking data is considered limited in its information as the parking data was taken on 1 day (6/12/11) between the hrs of 9:30am and 4.00pm.

 

The data does not include the standard after work hours when residents are home from work and are parking in the surrounding streets.

 

The data submitted (street map) does not show the locations of the no parking zones (Bus Zones) located in Clovelly Road (both sides) as well as in Keith Street. This may have resulted in the reduced number of available on-street parking spaces.

 

The large parking shortfall (7 spaces) is not supported by Development Engineering given the high demand for parking in the surrounding streets.”

 

In relation to waste management the following comments are made:

 

Waste Management Issues

The garbage/recycle bin requirement for the development containing 13 units is 16 x 240 litre bins (7 garbage, 7 recycle and 2 x green waste bins). The proposed bin storage area for only 7 bins is considered unsatisfactory.”

 

6.2    Building Services Comments

Building Services Officer advises that no objections are raised to the proposal in relation to building issues subject to conditions should approval be granted.

 

6.3    Environmental Health Comments

The Manager of Environmental Health and Building Services advises that no objections are raised to the proposal in relation to environmental health issues subject to conditions.

 

7.      Relevant Environmental Planning Instruments

 

7.1    Existing use rights assessment

Section 106 of the Environmental Planning and Assessment Act 1979 provides a definition for “existing use”. The prerequisite to establishing existing use rights is that the use of the building, work or land was lawfully granted and commenced. Furthermore, under Section 107, the use is presumed to have been abandoned, unless the contrary is established, if the use ceases for a continuous period of 12 months.

 

A site has existing use rights where the existing use was approved, but later prohibited by an Environmental Planning Instrument. In this case, the existing RFB has a 1940 approval and were later prohibited when the land was zoned Residential 2A by the Randwick LEP 1998. There is no evidence to suggest that the use has, at any time, ceased for a continuous period of 12 months.

 

In view of the application history, it is considered that existing use rights apply to the site under Part 4, Division 10 of the Environmental Planning and Assessment Act 1979 and Part 5 of the Environmental Planning and Assessment Regulation 2000, and as such provide a basis for the assessment of this application despite the fact that multi-unit housing developments are prohibited in the 2A Zone.

 

Section 108(3) of the Act also provides that any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect. This effectively means that provisions of an environmental planning instrument that would restrict the intensification of an existing use do not apply. However, the provisions of relevant planning instruments including aims, objectives and development standards can be considered as a guide in the context of a merit assessment of the proposal.

 

A use with existing use rights may be expanded or rebuilt with development consent from Council. Any provision of an environmental planning instrument that detracts from existing use rights (including a development standard) does not affect a proposed existing use rights development.

 

The NSW Land and Environment Court has established planning principles pertaining to land with existing use rights as derived from the case of Fodor Investments v Hornsby Shire Council, 2005. The applicant’s Statement of Environmental Effects has failed to provide a relevant assessment based on this planning principle (but has provided SEPP No. 1 Objections which are entirely irrelevant relying erroneously, among other things, on an assessment based on Residential 2C standards). This report assesses these principles are addressed as follows:

 

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

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

 

The proposed building is max 12m high (compared with the 9.5m maximum building height standard for a dual occupancy in the Residential 2A zone); external wall height is max 12m (compared with the 7m maximum wall height standard for a dual occupancy in the Residential 2A zone); the floor space ratio is 0.94:1 (compared with the max 0.65:1 for a dual occupancy in a Residential 2A zone); and landscaped area is 57% (compared with the max 40% for a dual occupancy in a Residential 2A zone). The proposed development is in breach of the maximum building height, wall height and FSR standards, LEP development standards that would ordinarily apply on surrounding sites. Equally important, the resultant expanded built form will have a mass, height, bulk and scale that would be out of character with the predominant dwelling house and semi-detached character of residential development on the northern side of Burnie Street.

 

The proposal also involves removal of the majority of the established trees with no details being provided relating to replacement planting. The development will introduce a significant built element at the top and rear of the subject site that visually dominates the adjoining dwellings. Although the LEP numerical standards are not strictly applicable, the resultant development is not considered to be compatible with the character of other residential premises in the locality and the objectives of the 2A Zone.

 

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

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

 


Comments:

The proposal will involve a significant partial demolition of the existing building to allow the proposed alterations and additions to occur. However, the resultant development involves extended site coverage at the ground, first and second floors towards the rear boundary that will not only be inconsistent with the rear setbacks of existing established residential developments to the west but also introduces a significant built form bulk into the outlook of immediate adjoining properties to the west and east. Additionally, the visual impacts on the existing dwellings at 57 and 57a Burnie Street as well as Nos.2, 2a, 4, 6, 8 and 10 Keith Street will be overwhelming and overbearing given the massive scale and continuous wall planes of the building and almost complete removal of established canopy trees. Accordingly, the building footprints, proportions, and massing are not considered to be compatible with the existing development pattern in the area and will overwhelm the scale of the adjoining residential dwellings.

 

·      What are the impacts on adjoining land?

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

 

Comments:

As indicated in the relevant sections of this report, the proposal will result in increase overshadowing impacts on the living areas and open spaces of adjoining residences to the east unreasonably reducing available solar access to these residences. A more skilful design that primarily involves further reduction in building bulk especially on the north elevation on all floors to reduce, if not remove, this overshadowing impact, while still providing for a reasonable level of redevelopment of the existing premises can and should be achieved.   

 

As also indicated in relevant sections of this report, the proposed development will result in over looking of the open spaces and living areas of adjoining properties on both the western and eastern sides.  Additionally, the proposal will be over bearing and visually intrusive both when viewed from the surrounding local streets and from the rear yard and living areas of adjoining properties. It is also considered that a more skilful design that respects the existing rear building line of adjoining properties as well as the natural topography of the site would have reduced the shadow and visual bulk and scale impacts on the neighbouring dwellings. The overbearing and intrusive built form of the proposal also has a detrimental impact on the views and outlook of the local area and district as obtained from adjoining properties.

 

·      What is the internal amenity?

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

 

Comments:

The application has rationalized the layout and improved the internal amenity of most of the front units within the existing envelope particularly to the street front. However, the introduction of new units to the extended rear section maximizes the amenity of these units to the detriment of the amenity of adjoining properties in terms of overshadowing, overlooking and visual bulk and scale.

 

In conclusion, the proposed development is not considered to satisfy the planning principles relating to existing use rights. The proposal is not consistent with the objectives of the 2A Zone, and will create a building which is incompatible with the residential character of the locality. Therefore, the intensification of the existing non-conforming use is not considered to be warranted.

 

7.2    Randwick Local Environmental Plan 1998 (Consolidation)

 

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

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposed development is defined as “multi-unit housing” pursuant to Clause 49 of the LEP, and is a prohibited use within the 2A Zone. However, as discussed above, the subject site is considered to benefit from existing use rights so that the provisions of the Randwick LEP apply only as a guide to the proposed development. Applied as such, the assessment indicates the following:

 

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

Comments:

The proposal has a prominent additional floor level that significantly breaches height standards and has an extended site coverage towards the northern rear section that detracts from the landscape rear open space. Additionally, the proposed building is significantly elevated above the existing ground levels and has a massive bulk and scale. It is therefore considered that the proposal is not compatible with the desired low density residential environment of the local area.

 

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

Comments:

A immediate residential area has low density residential development (predominantly characterised by dwelling houses and semi-detached dwellings) which contain landscaped open space at the rear of the allotments. The rear sections of these premises are substantially well setback from rear boundaries to provide for deep open landscaped rear yards with occasional swimming pools and outbuilding structures. The proposal involves significant tree removal and insufficient details have been provided regarding replacement planting. The development does not provide a suitable landscape ambience to the site and the proposed building is monolithic in form. The design scheme is therefore not considered to maintain the desirable attributes of the local character.

 

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

Comments:

The proposal will result in adverse overshadowing, loss of privacy and intrusive visual bulk and scale to adjoining eastern and western properties. Additionally, inadequate side setback along the rear additions is considered to visually overwhelm the adjoining dwelling houses. A more skilful design that respects the topography of the site and its low density context would have reduced the degree of visual bulk and scale, overshadowing and loss of privacy on the neighbours. The development is not considered to adequately protect the amenity of existing residents.

 

7.2.3   Clauses 20E Landscaped Area, 20F Floor Space Ratios and 20G Building Heights

The proposal is made permissible by the existing use rights provisions of the Environmental Planning and Assessment Act 1979. Accordingly, Clauses 20E, 20F and 20G of the LEP relating to landscaped area, floor space ratio and building heights respectively do not strictly apply to the development. However, a comparison between the proposal and the aforementioned development standards is provided below as those controls would apply to future residential developments within the adjoining 2A zoned land:

 

Clause

Requirement

Proposal

20E Landscaped area

(2) Minimum 40% of site area in 2A Zone for dual occupancy

Approximately 57% (433m2)

(3) Landscaped areas over podiums or excavated basements not to exceed 50% of required provision

All landscaped areas are provided on deep soil

20F Floor space ratio

(1) Maximum 0.5:1 in 2A Zone for dual occupancy

0.94:1 (711m2 GFA)

20G Building heights

(1) Maximum building height 9.5m in 2A Zone for dual occupancy

12m

(3) Maximum external wall height 7m in 2A Zone for dual occupancy

12m

 

7.3         Draft Randwick Local Environmental Plan 2012

Under the Draft LEP, the subject site is zoned R2 Low Density Residential in which the proposal is permissible. The controls applicable over the subject site under the Draft LEP are:

 

Max FSR - 0.5:1

Max Building Height – 9.5m

 

7.4      State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The application has been considered by Council’s Design Review Panel on 2 February 2011. The Panel essentially found the proposal satisfactory subject to a number of suggestions as reflected in the Panel’s comments in italics below (followed by Council’s comments in bold wherever necessary):

 

1.         Relationship to the Context of the Proposal 

The existing building is unexceptional in the streetscape of this part of Burnie Street / Clovelly Road. There are many existing apartment buildings in the area, of mixed quality. The row of terraced shops in Burnie Street, the Clovelly Hotel and its neighbours and some of the buildings opposite point to a more urban condition for this part of the street.

 

The neighbour to the west is a new 3 storey dual-occupancy, providing a reasonable precedent for the scale and footprint now proposed. Conversely, the eastern boundary has a number of residential neighbours backing onto it. This will present challenges to adding volume at the rear, and retaining a green setting for the benefit of all properties in the block.

 

The Panel commended the applicant for discussing the proposal at the pre-DA stage, as the issues involved needed sensitive design interpretation to achieve the best result.  The Panel notes that the applicant has in general responded well to the suggestions made following the Pre-DA meeting.

 

Comment: The SEPP 65 Design Review Panel has based its assessment of the relationship of the proposal to its context on a limited surrounding area which includes the urban streetscape on Burnie Street as it extends into Clovelly Road. However, as indicated in relevant sections of this report, the local area that forms the context for the proposal should be properly defined as the immediate residential block to the north of Burnie Street within which the subject site is located and one in which the sites relates visually in terms of its residential context. This local area should not include the denser residential 2C area on the southern side of Burnie Street and its associated mixed use shopping strip. Seen in the context of the local area to the north of Burnie Street, the proposal with its additional top floor with an accentuated asymmetrical roof form and extended rear section of the ground, first and second floors will  exacerbate the visual bulk and scale of the existing building. Additionally, the visual impacts on the existing dwellings at 57 and 57a Burnie Street as well as Nos.2, 2a, 4, 6, 8 and 10 Keith Street will be overwhelming and overbearing given the massive scale and continuous wall planes of the building and almost complete removal of established canopy trees. No large scale multi-unit housing buildings of similar height, bulk and scale as the proposed development have been recently approved in the local area. The only other existing residential flat building in the vicinity is the adjoining western property at No 357 Clovelly Road.

 

2.         The Scale of the Proposal

The scale of the project is consistent with that of the street and the surrounding buildings and is satisfactory.

 

Comments: See comments relating to “The Proposed Density” below.

 

3.         The Built Form of the Proposal

At the Pre DA meeting the Panel recommended:

 

“that the additions be concentrated on the footprint of the existing, limiting the rear extension to the rear to 3-5 metres. Terraces and gardens facing north to the common garden are fully supported. However the Panel considers that the tiered arranged proposed at the rear extends too far to the north into the garden area.  A number of cross sections will be required to describe the relationships to the neighbouring properties.”

 

The applicant has followed this recommendation and the current built form is supported by the Panel.

 

It was also noted that:

 

“The existing building has no car parking for its 7 x 2 bedroom apartments. Given that a basement is impossible due to the retention of the existing building, the Panel would prefer that no car parking were provided in this instance, as;

 

a complying amount of car parking would necessitate the demolition of the existing buildings

-      only 2 awkward spaces could be provided in the front garden, which would result in the loss of the front garden and on-street parking spaces

-      the site is well served by public transport

-      car share is already established and available in Randwick and this project could support its extension to Clovelly.”

 

The Panel continues to support this view.

 

Comment: The Panel’s comments regarding parking confirms the physical constraints in providing any car parking on-site. As such, the degree of intensification and expansion to the existing residential flat building use must be moderated by this constraint and should not unduly impinge upon existing on-street public parking. As assessed in Section 8 below, the proposed addition of 5  dwelling units will significantly add to parking demand on-street. 

 

Apart from the proposed roof form the overall design of the building is now well resolved.  However, the proposed “mansard” roof is dominating and considered out of character with the existing building and its neighbours and does not appear to reduce shadow effects.

 

It is therefore very strongly recommended that the walls containing the additional floor should be formed by extending the side walls of the existing building and that a roof that minimises the shadow impacts  be used.

 

Comment: The amended proposal has provided for an amended roof form comprising an extension of the masonry walls up to the window sill /balustrade of the new upper floor with a recessed band above the window sills separating a new roof from the walls. However, this new roof design maintains a “mansard” style in that it has a steep sloping roof wrapping on both sides. As such the roof form remains dominating and out of character with both the existing building and its neighbours. Furthermore, as indicated in this report, it continues to generate overshadowing impacts on adjoining properties to the east.   

 

4.         The Proposed Density

The proposed density of 1.08:1 is not excessive for this location and in relation to its immediately surrounding buildings. 

 

However any argument for additional density above the LEP standards should be supported by design quality, good amenity for all dwellings, and reasonable impacts on neighbours.

 

Comment: The amended proposal fails to support the case for the additional density on the basis of good design quality and reasonable impacts on neighbours as indicated in Section 9 below. The proposed additional density has not been underpinned by a good design quality for the following reasons:

 

·      It has an excessively bulky new upper floor that, despite a request from Council for significant reductions to provide for a stepped built form is visually intrusive and overbearing in the context of existing development in the local area;

 

·      It has maintains a mansard style roof that remains dominating and out of character with both the existing building and its neighbours that despite recommendations of the SEPP 65 DRP has not been deleted and replaced with a more simple roof form.

 

·      It has an extended footprint on the ground, first and second floors inclusive of enclosing side walls to rear balconies that accentuates the visual bulk and scale of the proposal and extends significantly beyond the existing footprint of adjoining properties to the west.

 

The solar diagrams provided by the applicant suggest that impacts on the buildings to the east will be minimal, however information on window shadowing has not been provided and this should be requested of the applicant and reviewed by the assessing officer.

 

Comment: Revised shadow diagrams for the amended proposal, particularly, the affected elevations of the adjoining eastern properties, show that there will be increased overshadowing impacts that reduce the solar access to the living areas and open spaces of these adjoining properties to less than the minimum 3 hour requirement in mid-winter 

 

5.         Resource and Energy Use and Water Efficiency

As previously noted:

“The proposal has the framework for good environmental performance. The retention of the existing building allows for recycling of fabric, preserving the embodied energy in the existing structure and reducing demolition waste, truck movements, excavation and the like.

 

The following items should be included in the design:

 

-      Sunshading appropriate to orientation

-      A rainwater tank for garden watering

-      Ceiling fans in all living rooms and bedrooms (and clearly marked on the plans)

-      Window operation shown on elevations (so that cross ventilation efficiency can be assessed)

-      Good day-light and fresh air to all common areas

-      External clothes lines”

The Panel would like the following information included in the drawings:

 Sunhoods / weather protection to the street facing openings

 

The rainwater tank (a bladder tank could possibly be incorporated in the existing sub floor space)

 

Ceiling fans shown dotted on the plans

 

6.         The Proposed Landscape

The proposed landscaping retains and reinforces existing landscape that is important for both the occupants and the neighbours.

7.         The Amenity of the Proposal for its Users

The units are well planned.

 

Comment: The application has rationalised the layout and improved the internal amenity of most of the front units within the existing envelope particularly to the street front. However, the introduction of new units to the extended rear section maximizes the amenity of these units to the detriment of the amenity of adjoining properties in terms of overshadowing, overlooking and visual bulk and scale.

 

8.         The Safety and Security Characteristics of the Proposal

It was previously noted that:

“Consultant advice needs to be obtained with regard to structure, fire separation, wheelchair accessibility (Access to Premises Code) and other BCA requirements.

 

Skylights and glazing placed within 3m of the boundary will require some form of fire protection.  As this will affect the appearance of the building the method should be described on the drawings for assessment.”

It is unclear to the Panel if this information has been provided and assessments carried out.

Comment: Details regarding safety and security have not been provided with the amended plans. 


      9.    Social issues

As previously noted:

“The proposal for smaller, more affordable units is considered highly appropriate for the Clovelly area. Compact units without car parking can make a positive contribution to housing affordability, in an area noted for high prices and increasingly large dwellings.”

 

Comment: as indicated in previous comments above, the degree of intensification and expansion to the existing residential flat building must be moderated by its existing constraints and should not unduly impinge upon existing on-street public parking. As assessed in Section 8 below, the proposed addition of 5 dwelling units will significantly exacerbate the shortage of parking  on-street. 

 

10.    The Aesthetics of the Proposal

The Burnie Street façade and the northern end of the building have been very successfully resolved (with the exception of the placement of the rainwater head).  However, as suggested above, the Panel is of the view that the roof and walls to the new floor should be redesigned to improve internal space and minimise shadows.  The opportunity could also be taken to make a fine edged roof that would reduce the apparent scale of the additions.

 

The gas hot water units should be dealt with so as to reduce their impact on the living room and terrace areas.

 

Comment: As indicated in relevant sections of this report, the amended plans still have not provided an appropriate treatment of the proposed new top floor and its roof form by eliminating the use of a mansard roof and reducing the size and scale of this top level to make a fine edged roof. As such, this top floor level remains a bulky and intrusive form that generates unreasonable overshadowing of adjoining eastern properties as well as intrusive visual bulk and scale in the outlook from local streets and adjoining properties.

 

SUMMARY AND RECOMMENDATIONS

Subject to the review of solar impacts on nearby windows and redesign of the roof as described above, the proposal is considered of high quality and is supported by the Panel.

 

Comment: The amended proposal has failed to meet a major recommendation of the DRP, namely, the deletion of the out of character mansard roof and its replacement with a fine edged roof to reduce overshadowing and intrusive visual bulk and scale in the outlook from local streets and adjoining properties. As a result, the proposal continues to generate unreasonable overshadowing and visual bulk and scale impacts on adjoining properties. Accordingly, the proposal has not met the SEPP 65 design principles and the assessment of the DRP and must be refused. 

 

7.5                  State Environmental Planning Policy (Affordable Rental Housing) 2009

The existing building is not strata titled and currently contains 7 two-bedroom rental units. State Environmental Planning Policy (Affordable Rental Housing) 2009 requires an assessment of any potential loss of low rental accommodation housing in any redevelopment of residential flat building / boarding houses pursuant to Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009. The SEPP primarily requires accurate rental data to be provided to determine if an existing property is a low rental residential building under the specific definition provided in Clause 49 1) of the SEPP (defined as those buildings that were low-rental residential buildings as at 28 January 2000, and does not apply to any building that becomes a low-rental residential building after that date).

 

The applicant has provided rental data from a real estate agent entitled “Rental Estimates Following Strata and January 2000 Rental” for determining the low rental status and the number of low rental dwellings in the subject building. The rental data is not considered accurate as it is referred to as “estimates”. More accurate data in the form of actual rental receipts or if not available, statutory declarations of the rental at January 2000 is required. Accordingly, it is considered that the application has failed to address the provisions of Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009.

 

8.      Policy Controls

 

8.1    DCP – Multi-unit Housing

Section 9.1 above indicates that the proposal detracts from the Preferred Solutions, and does not satisfy the alternative Performance Requirements, of a number of provisions in the DCP – Multi-unit housing as follows (noting that the broader implications of these non-compliances are already discussed in relevant section of this report):

 

·      Site Planning - Inadequate Site analysis plan

·      Height - non-compliance with max building and wall height controls  and failure to provide variations in massing and height to create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

·      Building Setback – non-compliances with side boundary setbacks detrimentally affecting the amenity of adjoining properties in terms of overshadowing, overlooking and intrusive visual bulk and scale.

·      Density – non-compliance with maximum FSR standard such that the height, bulk and scale of the building has adverse impacts on the amenity of adjoining and surrounding properties and streetscape.

·      Privacy – overlooking of rear yards of adjoining eastern and western properties and west-facing windows of adjoining eastern properties

·      Solar Access – loss of sunlight to adjoining western and eastern properties.

·      Parking – Complete deficiency in car parking. 

 

8.2    DCP - Parking

Despite a significant increase in the number of dwelling units, the proposal does not provide any off–street car parking. In doing so, the proposal relies, in part, on an existing credit in car parking arising from the absence of any car parking in the existing development. Additionally, the applicant advises that there are physical and cost constraints on providing car parking in the current proposal.

 

A more fundamental issue is the sheer increase in car parking required for the proposed development that will be borne by the limited supply on-street. The following car parking spaces are required under the DCP - Parking:

 

Use

Requirement (DCP – parking)

Proposed number and/or floor area

Required provision

Proposed provision

 

1 space per two studio dwelling

2 x studio dwelling

1

 

 

 0 car spaces

 

1 space per one bedroom dwelling

9 x one bedroom dwelling

9

 

1.2 spaces per two bedroom dwelling

2 x two bedroom dwellings

2.4

 

1.5 spaces per three bedroom dwellings

Nil

0

 

Visitor:

1 space per 4 units

Total dwellings = 13

3.25 spaces

 

TOTAL

 

 

15.65 or 16  spaces

6 spaces (and credit of 10 spaces)

 

After accounting for an existing credit of 10 (8 residential and 2 visitor) spaces in the existing development, the proposal will have a net shortfall of 6 car spaces. The shortfall in car parking spaces is considered significant as it places the burden of providing for these missing spaces onto a street that is already in high demand fro on-street car parking. The applicant has provided an amended Traffic and Parking Report to justify the shortfall. An assessment of the report indicates that these justifications are weak for the following reasons:

 

·      The parking assessment is limited to one day being, 9.30am to 4:30pm, Tuesday 6th December 2011, and should have covered a range of times and days including after hours (when people come home from work and parking in the surrounding streets), weekends and a range of days over the school holiday periods.

 

·      The parking assessment fails to adequately address over flow car parking from other uses including nearby clubs, restaurants and hotel.

 

·      The parking study only makes a broad and generalized statement about vehicle ownership of different socio-economic groups with no assessment of what the specialized parking impacts would be on local streets.  

 

·      The data with the parking study (street map) is flawed as it does not show the locations of the no parking zones (Bus Zones) located in Clovelly Road (both sides) as well as in Keith Street. This may actually result in the reduced number of available on-street parking spaces.

 

·      The shortfall in carparking is greater as the proposed 2 studio units are technically classed as 1 bedroom units so that the proposed development has a large deficiency of 7 spaces which, in the context of the substantial demand for limited on-street carparking in the area, is significant.

 

Based on the current information, it cannot be justified that the proposed level of development should be allowed to rely on the required number of on-street car parking. It is considered inappropriate that the proposal should have a non-complying car parking provision to the extent proposed given the proposal’s significant departure from the planning controls applicable to the site. The significant departure serves to show that the proposal is an overdevelopment of the subject site and accordingly should be refused.

 

8.3    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

$2,299,625.00

1.0%

$22,996.25

 


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.

 

9.1         Likely impact of the development - S79C(1)(b)

 

9.1.1     Natural Environmental Impacts

The subject site contains an existing residential building and associated external outbuilding and paved/slab areas within an existing built-up area in Clovelly. As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site.

 

9.1.2     Built Environmental Impacts

 

Urban Design and built form

An assessment of the built form and design of the proposed development must be undertaken in the context of the local area surrounding the subject site. The “local area” for the subject site is one in which there is a visual connection between the proposed development and surrounding buildings (ie., a visual catchment) and one within which the proposed development will be viewed and compared. In this context, the local area is appropriately defined as the immediate residential block to the north of Burnie Street within which the subject site is located and one in which the sites relates visually in terms of its residential context. The local area should not include the existing developments on the southern side of Burnie Street which belong to a separate distinct higher density area as underlined by its Residential 2C zoning. This local area (on the northern side of Burnie Street) is retained as Low Density zone R2 under the Draft Randwick LEP 2012 (so that, there is a greater impetus for the proposal to respect the low density character of this local area). Given the distinct differences in scale and density of the two areas, any exercise to compare the proposed development against Residential 2C standards as indicated in the applicant’s SEE is erroneous and expedient. An assessment of the proposal in the context of its local area north of Burnie Street would correctly show the following:

 

 

·      The amended design has increased the northern setback of the upper floor addition by mere 4.89m which is not considered sufficient to ameliorate the visual bulk and scale of the proposal especially when viewed from Burnie Street and Keith Street in the context of the predominantly traditional tiled pitched roof form of the surrounding low density development in the local area (see Figure A and B below). The addition of an additional floor with an accentuated asymmetrical mansard roof form will exacerbate the visual bulk and scale of the building. Additionally, the visual impacts on the existing dwellings at 57a and 57b Burnie Street as well as Nos.2, 2a, 4, 6, 8 and 10 Keith Street will be overwhelming and overbearing given the massive scale and continuous wall planes of the building and almost complete removal of established canopy trees. No large scale multi-unit housing buildings of similar height, bulk and scale as the proposed development have been recently approved in the local area. The only other existing residential flat building in the vicinity is the adjoining western property at No 367 Clovelly Road. In fact, the adjoining western site at 57 Burnie Street previously contained a residential flat building which was converted into the existing attached dual occupancies (now addressed as No 57 and 57a Burnie Street) under DA/1053/2007 approved on 13 May 2008.

 

 

Figure A: Prominent view of the existing residential flat building (arrowed in red) from corner of Burnie Street and Keith Street. The extension of the ground, first and second floor and addition of a new top floor with an inappropriate mansard roof (see Figure C below) will further accentuate the building’s visual bulk and scale.

 

 

Figure B: Prominent view of the existing residential flat building (arrowed in red) from Keith Street. The extension of the ground, first and second floor and addition of a new top floor with an inappropriate mansard roof (see Figure C below) will further accentuate the building’s visual bulk and scale.

 

              

Figure C: Proposal’s four storey presentation to the rear with inappropriate mansard style roof

              

·      The proposed roof does not have a symmetrical shape when viewed from the rear elevation, and the pitch angle and mansard configuration bears little relationship with the existing roof of the surrounding residential developments and therefore places the proposal further out of context with the predominantly existing low scale, low density character of the immediate locality (see Figure C above). Although the proposed extension is located primarily towards the front as a means of matching the existing height of the adjoining dual occupancies at 57 & 57a Burnie Street (RL32.72 ), it nevertheless has a higher ridge height (RL32.83) than both the adjoining dual occupancies as well as the existing residential flat building (RL32.10 ) by 730mm. 

 

·      the application has not included any northern rear photomontage to demonstrate the compatibility of the built form to the existing low scale predominantly pitched roof cottage style development along Keith Street and Allan Avenue. Indeed, the slope and the metal sheet/colourbond mansard feature appear to be awkward and accentuates the overall mass, bulk and scale of  the predominantly rectilinear built form of the remainder of the building.

 

·      The residential allotments in the proposal’s local area are predominantly characterised by open courtyards at the rear. While the proposed development has a considerable rear setback of approximately 18m (to the edge of the rear enclosed balconies), it is considered to have an extended site coverage that compromises the existing setbacks in the local area and in particular of the adjoining properties to the west which are significantly greater given the established detached and semi-detached dwelling house characters as these adjoining properties in their respective Residential 2A zoning, In contrast, the introduction of new units to the extended rear section of the proposed development significantly in excess of established rear building lines will be detrimental to the amenity of adjoining properties in terms of overshadowing, overlooking and visual bulk and scale.

·      The amended application does not contain any finishes and materials details. The metal finish of the mansard roof is not considered to contribute to the appropriate articulation of the building facades and reduction of their visual scale and tends to accentuate its apparent bulk.

 

·      The proposal involves removal of the majority of the established trees within the allotment. Inadequate details have been provided relating to suitable replacement planting that should screen the mass, bulk and scale of the proposed building viewed from both the local streets and from adjoining properties.  The development is not considered to have maintained a suitable landscape ambience to the site and hence is not compatible with the predominant local character.

 

Overall, the location and bulk of the building are highly visible from the adjoining dwellings. The form, massing, proportions and finishes of the development are not considered to contribute to an appropriate architectural outcome and would detrimentally impact on the visual amenity of the neighbouring residences. The development scheme has not properly examined the relationship of the building with the surrounding context and does not demonstrate a skilful design that fits into the character of the local area.

 

Over shadowing

The applicant has provided shadow diagrams and shadow analysis with the amended plans which indicate that, in at 9:00am and 12 midday in mid-winter the western and southern properties will not be unreasonable overshadowed by the proposal in mid-winter due to the north-south orientation of the subject site as the proposed shadow shifts from west to east. From 12 midday to 3:00pm, there will be increased overshadowing of eastern adjoining buildings in the mid-winter afternoon. In particular, the living area windows on the west elevation of No 357 Clovelly Road and No. 2a Keith Street will have solar access reduced to less than the minimum 3 hours required during the winter solstice. Similarly, the open space areas of these two properties will have increased overshadowing to less than the minimum 3 hours required in mid-winter.

 

Planning principle relating to solar access:

An assessment has been made against the planning principle established in the Land and Environment Court case, The Benevolent Society v Waverley Council [2010], NSWLEC 1082:

 

Where guidelines dealing with the hours of sunlight on a window or open space leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level, assessment of the adequacy of solar access should be undertaken with the following principles in mind, where relevant:

 

·      The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

 

Comments

The residential properties that will be affected by overshadowing from the proposal are zoned Residential 2A under RLEP 1998 (Consolidation), which aims at enabling low density housing development. Accordingly, in line with the planning principle, there is a reasonable high expectation that the affected adjoining dwellings and their open space should retain their existing sunlight (and not have it reduced to less than the minimum 3 hours in mid-winter as proposed)

 

Furthermore, the subject and adjoining allotments are oriented in a north-south direction. Therefore, the majority of buildings will not be affected by shadows cast from structures located to the north.

 

In this scenario, the degree of sunlight retention would be more than that in east-west oriented residential properties located within a Residential 2A Zone.

 

·      The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

                

Comments

While the development will increase overall overshadowing impacts it will retaining reasonable solar access to the western properties at 9:00am and 12 midday in mid-winter due to the north-south orientation of the subject site as the proposed shadow shifts naturally from west to east. However, the loss of solar access in the mid-winter afternoon to the affected adjoining eastern properties arising directly as a result of the excessive bulk and scale of the proposed development is considered unreasonable an unacceptable.

 

·        Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

 

Comments

The form, massing and proportions of the development are not considered to contribute to an appropriate architectural outcome and would detrimentally impact upon the solar and visual amenity of the neighbouring residences. The development scheme has not properly examined the relationship of the building with the topography of the site and the surrounding context, and does not demonstrate a skilful design that fits into the local character.

 

Although the development will retain a degree of solar access which appears to be reasonable in absolute terms having regard to the 2A zoning of the locality, the overshadowing impact could have been further reduced by a more skilful design. In particular, the extent of solar access to the living areas and courtyard of adjoining properties to the east would have increased had the applicant heeded Council’s request for the complete deletion of the rear section of the new top floor containing Units 11 and 12 in the original plan. This would have resulted in a stepped building which combined with a further reduced extension of the rear footprint at the ground, first and second floor levels would achieve a reasonable solar access impact.

 

·      For a window, door or glass wall to be assessed as being in sunlight, regard should be had not only to the proportion of the glazed area in sunlight but also to the size of the glazed area itself. Strict mathematical formulae are not always an appropriate measure of solar amenity. For larger glazed areas, adequate solar amenity in the built space behind may be achieved by the sun falling on comparatively modest portions of the glazed area.

 

Comments

The loss of afternoon solar access occurs  on the west-facing glazed openings of No. 2a Keith Avenue and No 357 Clovelly Road  to the extent that the affected glazed areas will be completely overshadowed by 3.00pm. These affected glazed areas will have solar access reduced to less than the minimum 3 hours required in mid-winter which is considered unreasonable and unacceptable..

 

·      For private open space to be assessed as receiving adequate sunlight, regard should be had of the size of the open space and the amount of it receiving sunlight. Self-evidently, the smaller the open space, the greater the proportion of it requiring sunlight for it to have adequate solar amenity. A useable strip adjoining the living area in sunlight usually provides better solar amenity, depending on the size of the space. The amount of sunlight on private open space should ordinarily be measured at ground level but regard should be had to the size of the space as, in a smaller private open space, sunlight falling on seated residents may be adequate.

 

Comments

The areas within the adjoining private courtyards that receive direct sunlight in mid winter are small rear yards that should not have their solar access reduced by the intensification of an existing non-conforming use. Furthermore, these impacts should be considered against the scenario where a more skilful design would have allowed a higher level of solar access to the neighbouring properties.

 

·      Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

 

Comments

The submitted shadow diagrams primarily relate to shadows created by the proposed building structures.

 

·      In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

 

The locality is listed as a low density Residential 2A under the Randwick LEP 1998. Except for the adjoining residential flat building at No 357 Clovelly Road, almost all adjoining and surrounding properties in the local area are detached or semi-detached dwelling houses. It is considered that any future changes to these immediate adjoining and surrounding properties would be limited to alteration and addition type of developments.

 

In conclusion, the proposed shadow impacts are not considered to be reasonable as a more skilful design would have allowed additional direct sunlight to the neighbouring dwellings.

 

Loss of privacy

The proposal will adversely affect the privacy of adjoining properties including the following:

 

·      The rear yards of the adjoining eastern properties fronting Keith Street at Nos 2, 2a and 4 as well as the open space of the existing RFB at No 357 Clovelly Road from the proposed mid-block east-facing balconies on Levels 1 and 2.

 

·      The rear yards of Nos. 6 and 8 Keith Street from the north-facing balconies in the extended sections of Levels 1 and 2.

 

·      The rear yards of No. 57a and No. 57b Burnie Street from the north-facing balconies in the extended sections of Levels 1 and 2.

 

Loss of Views

Objections regarding loss of views have been received from objectors in the residential flat building at No 298 Clovelly Road. Applying the planning principles for assessing view loss established in the case of Tenacity Consulting v Warringah Council, the impact of the amended proposal on views from the property is as follows:

 

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

 

The views from this objector’s unit towards the subject site are essentially district views of Clovelly looking north to -north-east. Accordingly, any views affected by the proposal are not iconic. However, to the objector, these views are considered highly significant.

 

 

Figure 6 : View of, and across, the subject site from No. 298 Clovelly Road.

 

Step 2:      “The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries.”

The view of Clovelly district are obtained across the front northern boundary such that there is merit in protecting the district view.

 

Step 3:      “The third step is to assess the extent of the impact… The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them)… It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

The affected district views are obtained from the first floor living area and balcony of the objector’s property and therefore is highly valued by the residents in the objector’s property. Having regard to this value, the view loss for the objector is significant.

 

Step 4 :     “The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of noncompliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours.”

 

While the affected district view that will be obstructed is non-iconic, the impact is generated by the new upper floor-cum-mansard roof element which has a wall height of 12m well in excess of the 7nm wall height for dual occupancies in a Residential 2A zone and in excess of  the 10m wall height for multi-unit housing in Residential 2C zone. Additionally, this new upper floor contributes to the 0.94:1 FSR of the proposed development which is in excess of the 0.5:1 maximum FSR for dual occupancies in a Residential 2A zone as well as the 0.9:1 max FSR for multi-unit housing in Residential 2C zones. In this regard, the loss of view to residents in the objector’s property more appropriately relates to the intrusion of a bulk and scale into their district outlook and one that detracts significantly from these statutory standards. A more skilful design could provide a built form that would have less impact on views and outlook.

 

9.1.3          Site suitability

The subject site is zoned Residential 2A and the proposed development prohibited in the zoning. However, the subject site has the benefit of existing use rights allowing the proposed intensification and enlargement of the existing residential flat building on-site pursuant to existing use rights provisions the EP&A Act. Notwithstanding this, it is considered that the subject site is not suitable for the height, bulk and scale of development proposed which will result in a development that will be intrusive, over bearing and out of character sith the low scaled development of the existing Residential 2A zone.  In this regard, any consideration of the suitability of the subject site requires careful analysis and evaluation of the site and adjoining properties to inform good design. A site analysis involves assessing a range of internal and external site factors that can affect the design and siting of development on a site. Especially in cases where existing use rights are being asserted, those factors that are important for a proper site analysis include a sound definition of the local area (in this case, the Residential 2A area immediately north of Burnie Street); its characteristics and visual qualities; the configuration and orientation of the site within that local area; the location and proximity of residences on adjoining properties and the nature of development in the specific local area; and the potential amenity impact such as loss of views and privacy on adjoining properties. These and potential other factors place considerable design constraints on the final development to take place on the site.

 

It is considered that little thought has been given to this important phase of site development. The applicant has not submitted an adequate site analysis, which demonstrates that the development opportunities and constraints have been instrumental in shaping the design of the proposed development.  The lack of consideration given to this aspect is supported by the following;

 

·      The design and siting deficiencies of the current application including judicious massing and skilful of the building to respect the amenity of adjoining properties including views and privacy.

 

·      The considerable visual, bulk and scale impacts on adjoining properties flowing directly from the proposed development. 

 

·      The car parking deficiencies of the proposal.

 

·      The resident objection to the development as proposed.

 

Having regard to these considerations, it is considered that the subject site is unsuitable for a development of this density and height.

 

Site constraints, including the dominant existing architectural character of the locality adjoining land use and the narrowness of the site, all contribute to require special consideration to be given to the type and form of re-development to take place on the site. Site constraints are a key element of the problems identified with the proposal, particularly in respect to height, floor space, building form, aesthetics, and parking. The controls relating to these elements contained in the local planning instruments are minimum requirements to be observed.  On sites such as the one under consideration, the proposed development fails to acknowledge the constraints of relatively small shaped development sites in the local area. As such, it is imperative that the minimum standards are complied with.

 

In the light of the unsatisfactory architectural and amenity outcomes expected of the proposal, it is not considered that the site is suitable for the proposed development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction:          Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The subject application seeks approval for the alterations and additions to an existing multi-unit housing building including addition of a new upper level to create a part 3 and part 4 storey multi-unit building with 13 residential units, landscaping, strata subdivision and associated works.

 

The location and bulk of the building are highly visible from the adjoining streets and dwellings. The form, massing, proportions and finishes of the development, and in particular the inappropriate mansard roof form, are not considered to contribute to an appropriate architectural outcome and would detrimentally impact on the visual and general amenity of the neighbouring residences. The development scheme has not properly examined the relationship of the building with the surrounding context and does not demonstrate a skilful design that fits into the local character. It is considered that a more skilful design would be able to reduce the mass, bulk and scale of the building which in turn would further reduce shadow, privacy view/outlook loss, and visual bulk and scale impacts on the neighbours and the local streetscapes.

 

The proposal involves the removal of the majority of the established trees at the rear of the site. Inadequate details have been provided relating to suitable replacement planting that should screen the mass, bulk and scale of the proposed building viewed from both the local streets and from adjoining properties. The proposal is not considered to result in a satisfactory landscape outcome and will detrimentally impact on the environmental amenity and aesthetic character of the area.

 

The proposal has a complete deficiency in car parking, exacerbated by the existing parking credits already available to the existing dwellings on-site and the high demand for car parking already experienced by residents in the local streets,

 

For the above reasons, it is recommended that the subject application be REFUSED.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/94/2012 for alterations and additions to an existing multi-unit housing building including addition of a new upper level to create a part 3 and part 4 storey multi-unit building with 13 residential units, landscaping, strata subdivision and associated works at 59 Burnie Street, Clovelly, for the following reasons:

 

1.       The proposal does not satisfy the zone objectives of the 2A Residential Zone specified in Clause 10 of the Randwick Local Environmental Plan 1998 (Consolidation) in that the scheme is contrary to the following objectives:

 

(a)      to provide for a low density residential environment.

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

(c)      to protect the amenity of existing residents.

 

2.       The proposed development will compromise the aims of the RLEP 1998 (Consolidation) in relation to:

 

(e)      to ensure the conservation of the environmental heritage and aesthetic character of the City.

(g)      to promote, protect and enhance the environmental qualities of the City.

(h)      to recognise the importance of ecological sustainability in the planning and development processes.

 

3.       The form, massing, proportions and finishes of the development are not considered to contribute to an appropriate architectural outcome and will detrimentally impact on the visual amenity of the neighbouring residences and streetscape. The development scheme has not properly examined the relationship of the building with the surrounding context of the local area and does not demonstrate a skilful design that fits into the character of the local area. Therefore, the proposal is not considered to satisfy the relevant provisions of Clause 2 of Randwick Local Environmental Plan 1998 (Consolidation).

 

3.       The proposed building footprints, proportions and massing are not considered to be compatible with the existing development pattern in the area and will dominate the adjoining residential dwellings. The development scheme does not satisfy the planning principles established in the Land and Environment Court case, Fodor Investments v Hornsby Shire Council, 2005. Consequently, it is not considered that the intensification of the existing non-conforming residential flat building use on the site is warranted.

 

4.       The proposed development is unacceptable and unreasonable in that the proposed height, bulk, scale, built form and design will have an adverse impact on the amenity of neighbouring residents in terms of loss of solar access, privacy and views contrary to the Planning Principles established in the Land and Environment Court case, Fodor Investments v Hornsby Shire Council, 2005Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

5.       The proposal does not satisfy the objectives and performance requirements of the DCP – Multi-unit Housing including for height (Clause 3.2), setbacks (Clause 3.3), density (Clause 3.4), privacy (Clause 4.2), solar access (Clause 4.4) and parking (Clause 5.1).

 

6.       The proposal does not satisfy the SEPP 65 principles in relation to massing, amenity and architectural character.

 

7.       The proposal does not satisfy the provisions of Clauses 49, 50, and 51 of SEPP (Affordable Rental Housing) 2009 relating to the determination of the loss of affordable housing on-site including the failure to provide accurate rental data.

 

8.       The proposal does not provide any car parking on-site and does not comply with the parking rate specified in Council’s DCP – Parking.  Due to the significance of the proposed parking deficiency the proposal is not considered to meet the relevant objectives of the DCP Parking and fails to provide an appropriate level of off street parking through specific standards to meet parking demand.

 

9.       The proposed degree of overshadowing on the adjoining dwellings could have been reduced by a more skilful design that respects the character of the locality and the topography of the site. In this respect, the proposed shadow impacts are not considered to be reasonable. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

10.     The application does not demonstrate a sound and comprehensive analysis of the site context and potential amenity impacts on the adjoining residents. The development is considered to be an expedient addition without properly considering its relationship with the nearby sensitive residential uses as a whole. In the light of the unsatisfactory architectural and amenity outcomes expected of the proposal, it is not considered that the site is suitable for the proposed development and does not satisfy Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

 

11.     The proposal is not within the public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

 


DOP Report of 26 June 2012

Attachment 1

 

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                        13 November 2012

 

 

Development Application Report No. D87/12

 

 

Subject:                  2 Wackett Street, Maroubra (DA/191/2012)

Folder No:                   DA/191/2012

Author:                   Adrian McKeown, Environmental Planning Assessment Officer      

 

Introduction

 

The application involves demolition of an existing single storey detached dwelling and construction of a two storey attached dual occupancy with garages, carports, fencing and associated works. It was reported to Council at its Meeting held on 24 July 2012. At the meeting it was resolved:

 

(Andrews/Seng) that the application be deferred for mediation between the applicant and objectors.

 

During mediation, objectors raised concerns regarding the nature of the proposed works; stating that the development is out of character with the existing streetscape.  Objectors also raised concerns about potential traffic hazards which may eventuate from vehicles using the site.

 

The applicant was not prepared to amend plans stating that the development complies with the Dwelling Houses and Attached Dual Occupancies DCP.

 

The application is recommended for approval.

 

Issues

 

The recent mediation session held between the applicant and objectors did not raise any additional planning issues; other than those which were discussed in the previous report to Council.

 

Support for the submitted SEPP 1 Objection was recommended in the original report to Council given that the proposed dual occupancy development will be similar in perceived visual bulk and scale to existing residential development within the vicinity of the subject site.  It was also considered that the proposed dual occupancy dwellings will not be excessive in height and that they will be compatible with the existing character of the locality.

 

Finally, it was considered that the proposal would not result in any unacceptable traffic impacts within the locality.

 

Relationship to City Plan:

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 Conclusion:

 

The proposal complies with the objectives and performance requirements of the Parking DCP and the DCP for Dwelling Houses and Attached Dual Occupancies however does not comply with a relevant development standard contained within the RLEP 1998 (Consolidation). Nevertheless, support is recommended for a SEPP 1 Objection relating to Floor Space Ratio.  If approved, the proposed development (as recommended to be conditioned) would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation

 

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

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/191/2012 for the demolition of an existing single storey detached dwelling and the construction of a two storey attached dual occupancy with garages, carports, fencing and associated works, at No. 2 Wackett Street, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

DA: 03 (Revision B)

Nassima Design Group

21 May 2012

23 May 2012

DA: 04 (Revision B)

Nassima Design Group

21 May 2012

23 May 2012

DA: 05 (Revision A)

Nassima Design Group

20 March 2012

23 March 2012

DA: 06 (Revision B)

Nassima Design Group

21 May 2012

23 May 2012

 

BASIX Certificate

No.

Dated

 

418530M_3

13 March 2012

 

2.       The colours for the development must be generally consistent with the submitted External Finishes Schedule received by Council on 23 March 2012.

 Amendment of Plans & Documentation

3.       To ensure that the proposed development does not impose any unreasonable impacts on the neighbouring dwellings with regard to visual privacy, the proposed rear-facing first floor balconies must be deleted and the sliding doors to the bedrooms must be replaced with windows having a sill height of 1.5m above floor level. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

4.       The front fence infill panels shall be constructed using materials which have a total area of openings no less than 50% of their area. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

5.       The ground floor lounge room windows and family/dining room windows on the north-eastern elevation (Dwelling 2) must be constructed using fixed and opaque glazing to a height of 1.5m above floor level.  Plans are to be amended to reflect this requirement, prior to the issue of a 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 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

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

 

Security Deposit

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

 

·          $1,500.00 - Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

30mm above the existing Council footpath level

 

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

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $738.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Sydney Water

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

c)     Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 10 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Section 94A Development Contributions

13.                In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $496,000, the following applicable monetary levy must be paid to Council: $4,960.00.

 

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

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

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

18.     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.

 

Demolition & Construction Waste

19.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

Landscaping

21.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Nassima Design Group, Sheets 1 & 2, project number 4003, and dated 15.03.12, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

Tree Management

22.     The applicant shall submit a total payment of $107.25  to Council,

 

a.   Being the cost for Council to supply and install 1 x 25 litre street trees at the completion of all works ($97.50) + GST,

 

The contribution shall be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement street tree.

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

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

 

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

 

Temporary Site Fencing

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

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

Construction Site Management

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·            Details of hazardous materials (including asbestos)

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

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

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

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

·            Other relevant details, measures and requirements to be implemented

·            Date the demolition works will commence

 

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

 

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

  

Notes

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

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Road/Asset Opening Permit

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

 

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

 

Drainage

31.     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.

 

Site Signage

32.     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

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

 

Activity

Permitted working hours

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

·       Monday to Friday - 7.00am to 5.00pm

·       Saturday - 8.00am to 5.00pm

·       Sunday & public holidays - No work permitted

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

·       Monday to Friday - 8.00am to 5.00pm

·       Saturday - No work permitted

·       Sunday & public holidays - No work permitted

 

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

 

 

Demolition Work Requirements

34.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

·           Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant Office of Environment & Heritage / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·           Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

Removal of Asbestos Materials

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

 

·            Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·            Randwick City Council’s Asbestos Policy

·            A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

·            On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

·            Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

·            A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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:

 

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

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

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

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

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

 

Support of Adjoining Land, Excavations & Retaining Walls

38.     38.     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.

 

39.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the      adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

40.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·         when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·         when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·         when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Survey Requirements

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

 

·            prior to construction (pouring of concrete) of the footings or first completed floor slab,

·            upon completion of the building, prior to issuing an occupation certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

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

 

Site Amenities

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)     Construct new concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site.

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

 

46.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

The Section 73 Compliance Certificate is required to be obtained prior to the issuing of an occupation certificate.

 

Stormwater Drainage

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

Notes:

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

 

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

 

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

 

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

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Landscaping

53.     The landscaping shall be installed in accordance with the approved plans and specifications prior to the issue of an occupation certificate for the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

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

 

Waste Management

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

 

BASIX Requirements

55.     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

56.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·            The window having a minimum sill height of 1.5m above the internal floor level,

·            Providing a window locking device at least 1.5m above the internal floor level,

·            Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·            Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·            Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

57.     Each of the premises must only be used as a single residential dwelling at all times and must not be used for dual or multi-occupancy purposes.

 

External Lighting

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

 

Waste Management

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

 

Street Numbering

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

 

Air Conditioning & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

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

 

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

 

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

 

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

 

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

 

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

·    before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

A11.   Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

Attachment/s:

 

1.View

DCP Report of 24 July 2012

 

 

 

 


DCP Report of 24 July 2012

Attachment 1

 

 

 

Director City Planning Report No. CP45/12

 

 

Subject:                  2 Wackett Street, Maroubra (DA/191/2012)

Folder No:                   DA/191/2012

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Demolition of an existing single storey detached dwelling and construction of a two storey attached dual occupancy with garages, carports, fencing and associated works

Ward:                      Central Ward

Applicant:                Pierre Perez

Owner:                         Mr C  Perez & Mrs C Perez

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary:

 

The application has been referred to Council for determination at the request of Councillors Andrews, Matthews and Seng. The proposal also includes a SEPP 1 objection that exceeds the floor space ratio standard by more than 10%.

 

The application was notified to the surrounding properties and 8 objections were received during the notification period. Issues raised in the objections include the impact of the proposal on neighbouring properties with regard to privacy, perceived visual bulk and scale, streetscape and overshadowing impact; and that calculations provided by the applicant were incorrect.

 

The application is recommended for approval, and a condition is recommended that the proposed rear-facing first floor balconies be deleted. This condition is recommended to ensure that the proposed works will not impose an unreasonable impact on neighbouring dwellings with regard to visual privacy and perceived visual bulk and scale.

 

The application is recommended for approval.

 

2.    The Proposal:

 

The proposal involves the demolition of an existing single storey detached dwelling and the construction of a two storey attached dual occupancy with garages, carports, fencing and associated works. 

 

Figure 1:  The existing single storey detached dwelling on the subject site. The adjoining single storey and two storey detached dwellings at 4 Wackett Street and 57 Wild Street are seen to the left and right of the picture. 

 

3.    The Subject Site and Surrounding Area:

 

The subject site is located on the northern side of Wackett Street within the Zone No 2A (Residential A Zone). The site has a frontage of 16.1m, depths of 30.2m and 27.4m and a total area of approximately 557.0m2. The site has a southerly aspect and slopes gently towards the street from the rear. A single storey detached dwelling exists on the site and there is a similar detached dwelling to the south of the site at 4 Wackett Street. To the north of the site is a two storey dwelling fronting Wild Street (57 Wild Street). The streetscape consists primarily of single storey detached dwellings however there are larger dwellings located towards the southern end of Wackett Street and adjacent to the site at 57 Wild Street (see Figures 2 – 5 below).  

4.    Site History

 

§ Consent was granted for BA/39/1992 for a new fence on the subject site;

 

§ Consent was granted for BA/672/1967 for an addition to the garage; and

 

§ Consent was granted for BA/797/1954 for the construction of a cottage on the subject site.

 

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

 

The proposal seeks to vary a development standard contained within RLEP 1998. An amended SEPP 1 objection was submitted to Council on 29 June 2012.

 

Pursuant to Clause 20F  (Floor Space Ratios) of the Randwick Local Environmental Plan 1998, the maximum floor space ratio for development, other than for the purpose of a dwelling house on land zoned 2A Residential is 0.5:1. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

LEP development standard

0.5:1

Proposal

0.59:1 - gross floor area of 326.5m2

Excess above the LEP standard

48m2 above the development standard, which equates to a proposed 17.2% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-        The proposal complies with the development standards for landscaped area and maximum building height. Although the FSR is over the maximum allowable by 0.09:1, we believe that this amount is minimal and does not in any way result in a design that is not suitable for the proposed site;

-        The proposed departure from the development standard will result in a better environmental planning outcome than that which could have been achieved on site had the standard been complied with, due to the design maintaining streetscape pattern;

 

-        The proposed building has incorporated a variety of landscape form and complies with all of Council controls eg: setbacks, heights, landscaping, privacy, shadowing and hard surface area;

 

-        If the development were to have been complied with the 0.5:1FSR, this would severely impact on the internal function, design and layout of each dwelling. It will change the position and look of the overall building proposed for the worst; and

 

-        The proposed development is similar in terms of perceived visual bulk and scale to approved development within the immediate vicinity of the subject site. A dwelling to the north east of the site is two stories in height with triple garage with no setback to the street boundary. Other examples are located to the south-west of the subject site.

 

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

 

-        The development standard is intended to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area and it is considered that the proposal is not inconsistent with this objective;

 

-        The proposed development will not be excessive in height, bulk and scale when compared to other two storey development within the vicinity of the subject site. The table below shows the GFA and FSR of the existing two storey development in the vicinity of the subject site:

 

Address

Existing GFA (m2)

Existing FSR

57 Wild Street

364.54

0.62:1

18 Wackett Street

315.4

0.57:1

22 Wackett Street

284.58

0.51:1

24 Wackett Street

254.61

0.41:1

 

As shown in the table above, there are examples to the immediate north-east of the site (57 Wild Street) as well as to the south-west of the subject site (within 150m), which are commensurate in terms of perceived visual bulk and scale to the proposed development (see Figures 2 – 5 below). It is therefore considered that the proposed development will be consistent with the predominant neighbourhood and streetscape character;

 

-        The proposal complies with the development standards for landscaped area and maximum building heights and is also compliant with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP with regard to side setbacks and overshadowing;

 

-        The proposal (as recommended to be conditioned) will not result in any unreasonable adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, setbacks, maximum external wall height or privacy; and

 

-        The proposal would be consistent with the future characteristic of the area as the draft LEP allows dwelling houses or semi-detached dwellings with FSR of up to 0.65:1 for lots between 451-600sqm.

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.

 

Figure 2:  Existing detached dwelling at 57 Wild Street.

Figure 3:  Existing detached dwelling at 18 Wackett Street.

Figure 4:  Existing detached dwelling at 22 Wackett Street.

 

Figure 5:  Existing detached dwelling at 24 Wackett Street.

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow development which will not impose any unreasonable environmental impacts on neighbouring dwellings; and which will be consistent with the existing and desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comment:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood. In this instance, 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 standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed dual occupancy dwelling will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

The existing Residential A zoning is not considered to be inappropriate for the locality.

 

6.    Community Consultation:

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. Eight (8) submissions were received as a result of the notification of the proposal (see below).

 

Amended plans were received by Council on 23 May 2012, showing a ground floor bathroom window on the south-western elevation which had been left out of the original elevation plans as well as a decrease in the scale of the proposed carport structures.

 

The additional bathroom window is at ground floor level and will not impose any unreasonable impact on neighbouring dwellings with regard to visual privacy; the amended plans were therefore not required to be re-notified. Similarly, the reduction in the size of the proposed carports as compared to those originally notified will result in a decreased visual impact on neighbouring dwellings and the streetscape; and the amended plans were therefore not required to be re-notified to neighbouring dwellings.

 

6.1      Objections:

Objections were received from the following properties:

 

§ 53 Wild Street, Maroubra;

§ 55 Wild Street, Maroubra;

§ 57 Wild Street, Maroubra;

§ 3 Holden Street, Maroubra;

§ 5 Holden Street, Maroubra;

§ 3 Wackett Street, Maroubra;

§ 4 Wackett Street, Maroubra; and

§ 10 Wackett Street, Maroubra

 

Issues raised include:

Issue

Comment

The proposal is inconsistent with the zoning objectives. It is not a dual occupancy but attempts to construct a semi-detached dwelling; and to change the zoning from 2A to 2B or 2C.

 

The proposal will devalue housing prices in the area by changing the nature of the area.

 

The proposal involves the construction of a dual occupancy development which is permissible development within the 2A zone.

 

 

Housing prices are not able to be considered as points of reference under s.79c of the Environmental Planning and Assessment Act 1979 (as amended)

The blocky, flat roofed design is inconsistent with the streetscape. Examples provided in the Statement of Environmental Effects demonstrate lack of integration into the existing streetscape.

 

Environmental concerns – flat roof design does not allow for air flow. Upstairs rooms will be very hot in summer. Gable roofs are preferable for keeping rooms cooler.

 

The proposed carports will be overly bulky and will devalue the streetscape.

 

The design is consistent with existing development on Wackett Street and within the immediate vicinity of the subject site.  See further discussion below

 

The proposal will be constructed in accordance with the requirements of the BASIX SEPP. See further discussion below.

 

 

Amended plans were received on 23 may 2012 showing the carport structures being reduced in size (See further discussion below)

The footprint of the dwelling is overly large. Study rooms easily converted to bedrooms.  Would result in 8 bedrooms in total.

 

FSR is excessive and the 4.5m rear setback shown on the plans is in fact only 3.5m. Minimal side setback is provided at less than 0.9m.

 

Misleading calculations on FSR, garages, carports, voids and balconies. True figures will show the real perceived visual bulk and scale of the proposal.

 

 

 

 

 

 

 

 

 

 

Loss of 1 or 2 on-street parking spaces as a result of the proposal. Driveway should be decreased in width.

 

See further discussion below

 

 

Support is recommended for a SEPP 1 Objection relating to floor space ratio. See further discussion– Parts 5 and 9.

 

Council’s floor space ratio calculations revealed that the calculations submitted with the application were incorrect. The applicant submitted an amended SEPP 1 Objection to Council on 29 June 2012. See further discussion above - Part 5.

 

Suitable conditions have been included to reduce the perceived visual bulk and scale of the development as viewed from neighbouring dwellings. Rear-facing balconies are recommended to be deleted. Carport structures have also been reduced in scale as shown in amended plans received by Council on 23 May 2012.

 

The proposal will be consistent with the objectives and performance requirements of the Parking DCP in that adequate off-street parking will be provided for the needs of the occupants. There was also no unusual pressure on street parking in the vicinity of the subject site when site visits were conducted on 18 April 2012 and 27 April 2012.

Privacy concerns – rear balconies. Privacy screen should be extended to the end of the balcony.

 

 

 

 

 

 

 

 

Objection is raised to 2 windows on the North side of the Family dining room, noted, “A” and “B”. Acoustic concerns. Smaller windows would suffice.

Given the floor level is raised to 21.5m, these windows will look directly into neighbouring dwellings.  Windows should be deleted.

Suitable conditions are recommended to delete the proposed rear-facing balconies. These balconies were considered to impose an unreasonable impact on the neighbouring dwellings given that they did not provide a reasonable setback from the rear boundary and that they were located within close proximity of neighbouring yards.

 

Conditions are recommended to ensure that the proposal will not impose any unreasonable impact on neighbouring dwellings with regard to visual privacy. See further discussion below

Shadow concerns, regarding pool area for the northern neighbour.

 

The proposal is consistent with the objectives and performance requirements of the DCP with regard to overshadowing and solar access. See further discussion below

Statement of Environmental Effects says that there is no asbestos on the site. This would not be a reasonable statement given the age of the dwelling. Neighbouring dwellings should be informed when asbestos is being removed.

Suitable conditions have been included to ensure that demolition works are undertaken in a manner which is consistent with the requirements of the Occupational Health and Safety (Asbestos Removal Work) Regulation 2001.

 

 

6.2      Support:

No submissions were received in support of the application. 

 

7.    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:-

 

Landscape Comments by P O’Sullivan:

There are no trees covered by Council’s Tree Preservation Order affected by the proposed works.

 

8.    Relevant Environmental Planning Instruments:

 

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

 

8.1      SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for a new dual occupancy dwelling and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

8.2      Randwick Local Environmental Plan 1998

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

 

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

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal (as conditioned) is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas and protect the amenity of existing residents.

 

Clause 20B    Minimum allotment sizes

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

 

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with the development standard.

 

Clause 20F   Floor space ratio

The maximum floor space ratio for a building, other than a building erected for the purpose of a dwelling house, within the 2A (Residential A Zone) is 0.5:1 whereas the proposed maximum floor space ratio is 0.59:1. The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection with the application (see further discussion above – Part 5).

 

Clause 20G   Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2A is 9.5 metres measured vertically from any point on ground level and the maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A is 7 metres measured vertically from any point on ground level.  The proposed maximum building height and the proposed external maximum wall height are both 7m. The proposal complies with the development standard.

 

8.3      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

2A

 

Is development permitted under zoning? Yes

R2

Dual occupancy dwellings

Yes

Floor Space Ratio (Maximum)  0.5:1

0.5:1

0.59:1

No. See further discussion above (SEPP 1)

Height of Building (Maximum) 9.5m

9.5m

7m

Yes

Lot Size (Minimum)

450m2 and 15m frontage

 

400m2

557m2 and 16.1m

Yes

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

Nil

Nil

Nil

 

8.4 Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

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

 

Clause

Preferred solution

Check

y/n

Landscaping

40 % of site provided as landscaped area

40.5%

Yes

25m² of private open space provided.

> 25m2 +

Yes

Min. dimensions of 3m x 4m & minor level change

Min. dimensions >  3m x 4m & no level changes

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

40.5%

Yes

Height, Form & Materials

External wall height maximum 7m

7m

Yes

External wall height to the rear maximum 3.5m.

N/A

N/A

Cut or fill maximum 1m.

Nil

Yes

No excavation within 900 mm of a side boundary.

Excavations for proposed carport – nil setback to the southern property boundary

Suitable conditions have been included to ensure excavations are appropriately supported.

No excavation within 4m of a rear boundary.

4.5m

Suitable conditions have been included to ensure excavations are appropriately supported.

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

11.8m

Yes

The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.

N/A

N/A

Building setbacks

Front setback average of adjoining dwellings or 6m

Proposed front setback is 3.5m

No. See further discussion below

Rear boundary setback at least 4.5m

The proposed rear setback is 3.5m (balconies).

No. See further discussion below

Side setbacks be 900mm at ground level.

Proposed carport structure will include a nil setback to the southern property boundary

See further discussion below

Side setbacks are 1.5m at second floor level.

Side setbacks are 1.5m at second floor level.

Yes

Visual & Acoustic Privacy

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.

None

Yes – See further discussion below

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

Proposed rear-facing first floor balcony will overlook adjoining rear yards

See further discussion below

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

Not required

See further discussion below

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Bedrooms

Yes

Garages & Driveways

 

 

 

 

1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

4 spaces

Yes. See further discussion below

Parking spaces have a min. dimension of 5.5m x 2.5m.

All car spaces have dimensions greater than the minimum of 5.5m x 2.5m

Yes

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

N/A

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

Yes

 

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

Yes

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

 

No impact to solar collectors

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.

No impact to north facing living room windows

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.

No  reduction

Yes

 

8.5 Section 94A Contribution DCP

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

$496,000

1.0%

$4,960.00

 

 

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

 

9.1           Potential Impacts of the Proposal:

 

9.1.1       Solar Access and Energy Efficiency:

The proposal is consistent with the objectives and performance requirements of the DCP with regard to solar access and overshadowing. Shadow diagrams submitted with the application show that private open spaces on the subject site will receive at least 3 hours sunlight between 9am - 3pm on 21 June and that north-facing windows to living areas will receive at least 3 hours sunlight over at least part of their surface between 9am - 3pm on 21 June.

 

Solar access to existing or future solar collectors on adjacent buildings will be maintained between 9am - 3pm; and the principal outdoor recreation spaces of neighbouring dwellings will also receive at least 3 hours sunlight between 9am- 3pm on 21 June.

 

9.1.2       Floor Area and Perceived Visual Bulk and Scale:

As stated in Part 5 above, the SEPP 1 Objection is supported given that the proposed dual occupancy development will be similar in terms of perceived visual bulk and scale to existing residential development within the vicinity of the subject site.  Further, the proposal (as recommended to be conditioned) will not result in any unreasonable adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, maximum external wall height or privacy.

 

9.1.3       Height, Form and Materials:

The proposed dual occupancy dwellings will not be excessive in height and scale and will be compatible with the existing character of the locality. There are examples within the locality of the site of dwellings which are commensurate in terms of perceived visual bulk and scale with the proposed development (see Figures 2 – 5 above). It is therefore considered that the proposed development will further enhance the predominant neighbourhood and streetscape character.

 

9.1.4       Setbacks from the Property Boundaries:

The DCP preferred solution for front setbacks is the average of the setbacks of the adjoining dwelling houses and where there is no adjoining dwelling house, the front setback is to be a minimum of 6m. The application proposes a front setback of 5.5m which is less than the existing setback for the adjoining detached dwelling house at 4 Wackett Street (6m).

 

Nevertheless, the reduced setback is consistent with the objectives and performance requirements of the DCP in that the resultant dwellings and those existing dwellings surrounding the subject site will maintain adequate access to natural light and fresh air, and that a landscape plan is to be installed which will soften the appearance of the dwellings as viewed from the streetscape and from neighbouring dwellings. It is also noted that the front and rear boundaries of the site are not parallel and that the proposal (as conditioned) complies with the requirements of the DCP with regard to rear setbacks.

 

The proposal is consistent with the DCP in terms of side setbacks in that the first floor portions of the dwelling are located at least 1.5m from the side property boundaries. The proposed carport structure includes a nil setback to the southern-most property boundary however this is supported given that the adjoining property includes a garage on this property boundary and that the proposed nil setback is consistent with a dominant streetscape element; that is garages which are built to the property boundaries.

The proposed rear setback for the dual occupancy dwellings (3.5m) includes the first floor balconies and it is considered that  these balconies have the capacity to unreasonably impact on the neighbouring dwellings given their proximity to neighbouring rear yards. A suitable condition is recommended that these balconies are be deleted. It is considered that the deletion of the balconies will bring the proposed works into line with the objectives and performance requirements of the DCP with regard to rear setbacks.

 

9.1.5       Visual and Acoustic Privacy:

Ground floor lounge room windows for the north-western elevation (Dwelling 1) will not impose any unreasonable impact on the neighbouring dwelling with regard to visual privacy given that the windows will overlook an adjoining attached garage only.

 

Ground floor windows for the north-eastern elevation have the capacity to impose an unreasonable impact on neighbouring dwellings given that the floor levels will be raised 500mm above ground level and that the neighbouring yards will be located within 1.5m of the windows. A suitable condition is recommended that these windows are to be constructed using fixed and opaque glazing to a height of 1.5m above floor level.

 

North-east and north-west-facing first floor windows for the proposed dual occupancy dwellings will not impose any unreasonable impact on neighbouring dwellings with regard to visual privacy given that they are to be constructed using 1.5m sill heights. 

Rear-facing balconies at first floor level have the capacity to directly overlook the rear yards and pool areas for dwellings on Holden Street. To ensure that the proposal will not impose any unreasonable impact on neighbouring dwellings with regard to visual privacy, the rear-facing balconies must be deleted and the sliding doors to the bedrooms must be replaced with windows having a sill height of 1.5m above floor level. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

9.1.6       Garages, Carports and Driveways:

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces. The proposal will be consistent with the objectives and performance requirements of the DCP given that both 3 bedroom dual occupancy dwellings will be provided with 3 off-street parking spaces (one garage space and two tandem carport spaces).

 

The proposal includes carports and garages which are to be located at the building line and with a driveway which is proposed to occupy 43% of the site.  Nevertheless, it is considered that the proposal is consistent with the objectives and performance requirements of the DCP, in that the on-site parking and driveways will not be visually obtrusive; and that they will not detract from the appearance of the proposed dual occupancy dwellings.

 

Architectural features have been included to soften the appearance of the garages and carports and a landscape plan has been provided and is to be implemented. These mitigating factors will ensure that the proposal is consistent with the objectives and performance requirements of the DCP. 

 

It is also noted that the proposed garages and carports will result in a development which is not inconsistent with existing development on Wackett Street; whereby garages are incorporated into dwellings at the building line (see Figures 2 – 5 above). 

 

Relationship to City Plan:

 

The relationship with the City Plan is as follows:

Outcome 4:         Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion:

 

The proposal complies with the objectives and performance requirements of the Parking DCP and the DCP for Dwelling Houses and Attached Dual Occupancies however does not comply with a relevant development standard contained within the RLEP 1998 (Consolidation). Nevertheless, support is recommended for a SEPP 1 Objection relating to Floor Space Ratio.  If approved, the proposed development (as recommended to be conditioned) would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation:

 

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

 

B.  That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/191/2012 for the demolition of an existing single storey detached dwelling and the construction of a two storey attached dual occupancy with garages, carports, fencing and associated works, at No. 2 Wackett Street, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

DA: 03 (Revision B)

Nassima Design Group

21 May 2012

23 May 2012

DA: 04 (Revision B)

Nassima Design Group

21 May 2012

23 May 2012

DA: 05 (Revision A)

Nassima Design Group

20 March 2012

23 March 2012

DA: 06 (Revision B)

Nassima Design Group

21 May 2012

23 May 2012

BASIX Certificate

No.

Dated

 

418530M_3

13 March 2012

 

2.       The colours for the development must be generally consistent with the submitted External Finishes Schedule received by Council on 23 March 2012.

 

Amendment of Plans & Documentation

3.       To ensure that the proposed development does not impose any unreasonable impacts on the neighbouring dwellings with regard to visual privacy, the proposed rear-facing first floor balconies must be deleted and the sliding doors to the bedrooms must be replaced with windows having a sill height of 1.5m above floor level. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

4.       The front fence infill panels shall be constructed using materials which have a total area of openings no less than 50% of their area. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

5.       The ground floor lounge room windows and family/dining room windows on the north-eastern elevation (Dwelling 2) must be constructed using fixed and opaque glazing to a height of 1.5m above floor level.  Plans are to be amended to reflect this requirement, prior to the issue of a 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 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

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

 

Security Deposit

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

 

·           $1,500.00   -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

30mm above the existing Council footpath level

 

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

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $738.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Sydney Water

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

c)       Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 10 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Section 94A Development Contributions

13.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $496,000, the following applicable monetary levy must be paid to Council: $4,960.00.

 

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

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

18.     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.

 

Demolition & Construction Waste

19.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

Landscaping

21.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Nassima Design Group, Sheets 1 & 2, project number 4003, and dated 15.03.12, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

Tree Management

22.     The applicant shall submit a total payment of $107.25  to Council,

 

a.   Being the cost for Council to supply and install 1 x 25 litre street trees at the completion of all works ($97.50) + GST,

 

The contribution shall be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement street tree.

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

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

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

Construction Site Management

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

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

 

 

Notes

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

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Road/Asset Opening Permit

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

 

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

           

            Drainage

31.     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.

 

Site Signage

32.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

34.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

·           Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant Office of Environment & Heritage / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·           Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

·           A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

·           On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

·           Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

·           A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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:

 

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

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

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

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

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

 

Support of Adjoining Land, Excavations & Retaining Walls

38.     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.

 

39.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the      adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

40.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·      when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·      when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·      when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Survey Requirements

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

 

·           prior to construction (pouring of concrete) of the footings or first completed floor slab,

·           upon completion of the building, prior to issuing an occupation certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

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

 

Site Amenities

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)  Construct new concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site.

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

 

46.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

The Section 73 Compliance Certificate is required to be obtained prior to the issuing of an occupation certificate.

 

Stormwater Drainage

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

Notes:

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

 

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

 

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

 

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

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Landscaping

53.     The landscaping shall be installed in accordance with the approved plans and specifications prior to the issue of an occupation certificate for the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

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

 

Waste Management

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

 

BASIX Requirements

55.     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

56.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

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

 

Waste Management

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

 

Street Numbering

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

 

Air Conditioning & Equipment

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

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

A11     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                        13 November 2012

 

 

Development Application Report No. D88/12

 

 

Subject:                  20 Gordon Avenue Coogee (DA/340/2012)

Folder No:                   DA/340/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Introduction

 

The application involves alterations and additions to the existing dwelling to provide for an addition to the rear of the existing upper level of the dwelling. At the Planning Committee meeting of 14 August 2012, it resolved;

 

“(Stevenson/Matson) that the application be deferred for mediation.”

 

A mediation session was held on 11 October 2012 between the applicant and the objector to discuss the impact of the proposal.

 

Issues

 

The following amendments to the proposal have been agreed to between the parties:

 

*      That a proposed downpipe to the northern side of the building be located to the rear western side of the building.

*      That the rear western eave of the building be reduced to an overhang of 600mm.

 

These two agreements have been incorporated in the recommended conditions of approval.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is recommended for approval subject to conditions.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to DA/340/2012 for alterations and additions to the existing dwelling at 20 Gordon Avenue, 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 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

A01 Issue A

MS

16/05/2012

A02 Issue A

MS

16/05/2012

A03 Issue A

MS

16/05/2012

A04 Issue A

MS

16/05/2012

A05 Issue A

MS

16/05/2012

A06 Issue A

MS

16/05/2012

A07 Issue A

MS

16/05/2012

 

BASIX Certificate

No.

Dated

 

A138663

16/05/2012

 

Amendment of Plans & Documentation

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

 

a)     The window to bedroom 2, W2, is to have a sill height of 1500mm above floor level to maintain privacy into that room.

b)     The proposed downpipe to the northern side of the dwelling is to be relocated to the rear western side of the dwelling.

c)     The eave overhang to the rear of the dwelling is to be reduced to a maximum of 600mm.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces are to be consistent with the existing dwelling as nominated on the ‘external finishes board’ submitted with the development application stamped received on 29th May 2012.

 

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.

 

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.

 

Smoke Alarms

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

 

BASIX Requirements

8.       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.

 

Stormwater Drainage

9.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

d)     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 the adjoining premises;

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Construction Site Management Plan

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Sydney Water

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

 

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

15.     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

16.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Occupational Health & Safety Act 2000 & Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

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

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

·           A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·           On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·           Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·           A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

Public Safety & Site Management

20.     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

21.     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

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

 

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

Attachment/s:

 

1.View

Report at the Planning Committee Meeting of 14 August, 2012.

 

 

 

 


Report at the Planning Committee Meeting of 14 August, 2012.

Attachment 1

 

 

 

Development Application Report No. D85/12

 

 

Subject:                  20 Gordon Avenue, Coogee (DA/340/2012)

Folder No:                   DA/340/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to dwelling                

Ward:                      North Ward

Applicant:                S Nasteski

Owner:                         S Nasteski

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The application is referred to Council for determination at the request of Councillors Tracey, Stevenson and Bowen. The application details alterations and additions to the existing dwelling to provide for an addition to the rear of the existing upper level of the dwelling. The main issue is the impact of the development upon the amenity of the adjoining properties, including any impact to existing views from the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details an addition to the rear upper level of the existing dwelling to provide for two bedrooms and bathrooms to the dwelling. Minor internal alterations will also be undertaken to bedroom 1 and the study within the upper level to reconfigure an internal wall between the two rooms to allow the installation of a built in wardrobe. A new front door will also be installed to replace the existing door. The addition will provide 53m² of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the western side of Gordon Avenue and is elevated above the footpath and roadway with a difference in levels between the front and rear boundary of up to 7m. On site at present there is an existing two storey dwelling with a swimming pool and garage to the front of the property. The locality is residential in nature and contains a mixture of older and contemporary free standing single dwellings. The locality is within the Foreshore Scenic Protection area.

 

4.    Site History

 

There are no relevant matters relating to this application.

 

5.    Community Consultation

 

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

 

Issue

Comment

71 Beach Street Coogee

 

-There are existing issues with the replacement of the existing roof of the dwelling with a colour that made it more prominent and planting of trees along the southern boundary of the site which have blocked views already.

 

 

 

 

-The addition will significantly increase the dominant appearance of this dwelling from their property. Other options should be considered such as utilising the basement for additional floor space and the existing dwelling would seem to provide ample opportunities for internal reconfiguration of rooms.

 

-The proposal will result in a loss of privacy from the group of windows in the western elevation.

 

-The proposal will result in a significant reduction in the views from the rear of their dwelling from within the living areas of the dwelling and rear patio.

 

-There will be a potential impact upon the value of their property.

 

 

 

-The SEE with the application is inaccurate with respect to privacy loss and the impact upon views from their property.

 

 

 

The existing roof and situation of the row of trees are noted, however this application does not propose to remove those trees. The proposed new roof is nominated as a metal roof with the colour indicated on the external finishes schedule submitted with the Development Application matching the existing roof of the dwelling. 

 

The proposed addition is relatively modest in the context of the existing dwelling and does not increase the overall building height or reduce the existing side boundary setbacks. See comments below with respect to the overall floor space ratio and building height of the dwelling.

 

See discussion below with respect to privacy impacts.

 

 

See detailed view loss assessment below.

 

 

 

 

The assessment of Development Applications does not provide for an assessment of any impact upon property values.

 

The view loss and privacy impacts are assessed in detail in this report below in the key issues section.

 

6.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

6.1 Policy Controls

 

DCP – Dwellings and Attached Dual Occupancies

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

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

Preferred Solution

Proposal

Compliance with preferred solutions of DCP for Dwellings

Floor Space ratio

 

0.55:1

The proposal will result in a floor space ratio to the dwelling of 0.55:1 which exceeds the preferred solution of 0.52:1.

See comments below.

Building Heights

 

7m

 

 

The new external wall height of the dwelling will be 5.7m.

 

Yes

Building Setbacks

Side boundary setbacks of 900mm at ground level and 1500mm to second floor level

 

 

 

The addition to the rear of the dwelling maintains the existing rear and side boundary setbacks of 1580mm to the northern and 1955mm to the southern side boundaries and up to 4.6m from the rear boundary.

 

 

Yes

Privacy

Where a direct view is available into the private open space of an existing dwelling, outlook from windows is obscured or screened within 9m and beyond a 45 degree angle from the plane of the wall containing the opening. Windows have sill heights of 1.5m above floor level or fixed glazing to any part of the window less than 1.5m above floor level.

 

The rear upper level addition contains four windows which face to the west. These windows are to the en suite bathrooms and the two bedrooms. The bathroom windows are nominated as being of obscured glass.

 

 

See comments below.

Solar Access

Private open space and north facing windows to dwelling receives at least 3 hours of sunlight over at least part of its area between 9.00am and 3.00pm on 21 June.

 

The degree of additional overshadowing to the adjoining property at 22 Gordon Avenue will not be significant in comparison with the existing levels of overshadowing.

 

 

Yes.

 

Floor space ratio

The proposed floor space ratio exceeds the nominated preferred solution of the DCP. However in this instance there are no major objections as the additional bulk provided to the rear of the dwelling will not in itself result in any significant impact to the amenity of the adjoining properties and the overall bulk and scale of the dwelling remains in keeping with the established character of the immediate locality which contains some very substantial buildings and accordingly satisfies the relevant objectives and performance requirements of the DCP. Also the addition does not increase the height of the building or alter the existing side and rear setbacks, and as also discussed will not result in any adverse impacts upon privacy, overshadowing or view loss.

 

 

 

Privacy

There are two windows to the new bedrooms within the rear western elevation of the dwelling. Along the rear boundary there is a large retaining wall with a 1800mm high fence above with a combined total height of almost 5m. The property directly behind at 71 Beach Street is also at a significantly higher level up to 3.5m at the rear yard level of that property. As a result of the difference in levels between the subject property and that directly behind at 71 Beach Street the top of these two new windows is approximately 600mm below the top of the fence, and therefore there will not be any significant direct overlooking into the private outdoor living area of 71 Beach Street from those windows because the sight line is already screened by the fence. There may be some limited potential for overlooking from those windows into the ground level immediately adjoining the dwelling of 71 Beach Street however the majority of the window will remain screened by this fence.

 

There is some overlooking potential from the rear upper level balcony of No.71 Beach Street which looks directly across the subject premises to the ocean view to the east. It is not considered that the overlooking potential into these two rooms will be unreasonable however because of the use of the rooms as bedrooms when it can be expected that when in use the residents will have their own internal privacy measures such as curtains or blinds. Never the less a condition is recommended to require that the window to bedroom 2, which is up to 5m from the rear boundary have a raised sill height of 1500mm to maintain privacy into that room.

 

7.         View Loss

 

Under Section 4.3 of the Development Control Plan for Dwellings and Attached Dual Occupancies a performance requirement is that buildings are designed to allow for a sharing of view loss. The Land and Environment Court has established a four step analysis of view loss in Tenacity v Warringah Council (2004).

 

The Commissioner in deciding whether or not view sharing was reasonable adopted the following planning principle.

 

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

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

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

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

 

71 Beach Street Coogee

a)       The view available from the upper level of the dwelling is panoramic to the east with direct ocean views and includes the interface between the sea and the northern side of Gordons Bay, the adjacent walkway and the southern point of Clovelly headland. The view is already partially obscured by the existing dwellings and vegetation at No.s 18, 20, 22 & 24 Gordon Avenue directly in front as illustrated below.

 

View from northern side of rear upper level balcony

 

View from southern side of the rear upper level balcony

View from rear deck adjacent to rear of dwelling from a standing position

 

b)       The views are primarily obtained from the rear upper level balcony which extends across the whole upper level of the dwelling, the view is also available from internal living areas in the dwelling which lead to the balcony and is from both standing and sitting positions. There is a view from the rear ground level at north eastern corner which is partially obscured by the dwellings in front and is only available from a standing position.

c)       The available views as stated above are primarily from the rear balcony and being panoramic are available across the whole eastern orientation from the rear balcony and capture ocean vistas, partially the southern headland of Clovelly and the interface of the lower level of Gordons Bay. Those significant views from the upper level living area of the dwelling are not affected by this proposal. The view loss as a result of the proposed development will include part of some of the ocean vistas from the rear northern side of the ground level of the dwelling only, with the upper level views unaffected. The resultant view loss from the ground level is determined as being minor. See photo above of the rear ground level view as taken from the rear patio from a standing position, views from a sitting position are already obscured from the existing brush box fencing to the rear boundary.

d)       The proposal overall as discussed in above in Section 6.1 complies with the relevant planning controls in that the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies are satisfied.

 

8.      Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

Not applicable

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

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

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

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

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R2 Low residential

 

Is development permitted under zoning?

Development for the purpose of a dwelling house is permitted

The application details alterations and additions to the existing dwelling

Yes

Floor Space Ratio (Maximum)

0.65:1

0.55:1

Yes

Height of Building (Maximum)

9.5m

9.8m

No, however the new addition to the rear of the dwelling is sited behind the existing ridge line of the dwelling which at that point is 9.8m and overall the building height is not increased.

Heritage:

·    In vicinity of draft item

The development is in the vicinity of two heritage items. Council must consider the effect of the proposed development on the two items.

The application is for alterations and additions to an existing dwelling which is in the immediate vicinity of two items.

Council’s Heritage Planner has advised the proposal will not result in any impact to the significance of either heritage item.

Foreshore Scenic Protection area

Before granting consent to development Council must be satisfied that the development will not impact upon the foreshore or significance and amenity of the area.

The application is for alterations and additions to the rear of the dwelling. 

The proposal will not be directly visible from the street or foreshore.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to DA/340/2012 for alterations and additions to the existing dwelling at 20 Gordon Avenue, 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 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

A01 Issue A

MS

16/05/2012

A02 Issue A

MS

16/05/2012

A03 Issue A

MS

16/05/2012

A04 Issue A

MS

16/05/2012

A05 Issue A

MS

16/05/2012

A06 Issue A

MS

16/05/2012

A07 Issue A

MS

16/05/2012

 

BASIX Certificate

No.

Dated

 

A138663

16/05/2012

 

Amendment of Plans & Documentation

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

 

The window to bedroom 2, W2, is to have a sill height of 1500mm above floor level to maintain privacy into that room.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces are to be consistent with the existing dwelling as nominated on the ‘external finishes board’ submitted with the development application stamped received on 29th May 2012.

 

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.

 

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.

 

Smoke Alarms

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

 

BASIX Requirements

8.       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.

 

Stormwater Drainage

9.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

d)     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 the adjoining premises;

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

Home Building Act 1989

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

 

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

 

Construction Site Management Plan

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

 

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

·              location of site storage areas/sheds/equipment;

·              location of building materials for construction;

·              provisions for public safety;

·              dust control measures;

·              site access location and construction

·              details of methods of disposal of demolition materials;

·              protective measures for tree preservation;

·              provisions for temporary sanitary facilities;

·              location and size of waste containers/bulk bins;

·              details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·              construction noise and vibration management;

·              construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Sydney Water

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

 

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

15.     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

16.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Occupational Health & Safety Act 2000 & Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

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

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

·           A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·           On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·           Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·           A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

Public Safety & Site Management

20.     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

21.     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

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

 

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

 

Attachment/s:

 

Nil

7

 


Planning Committee                                                                                        13 November 2012

 

 

Development Application Report No. D89/12

 

 

Subject:                  220-220A Clovelly Road, Randwick (DA/405/2011)

Folder No:                   DA/405/2011

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

The development application involves alterations and additions to an existing mixed-use building including construction of new second floor containing 2 residential units.

 

The application was recommended for approval and reported to Council at its Planning Committee Meeting held on 14 August 2012. At the meeting it was resolved:

 

“(Stevenson/Woodsmith) that the application be deferred for mediation.”

 

2.      Issues

 

2.1    Mediation Issues

A mediation between the parties was held on 17 October 2012 and an agreement was reached between the three objectors and the representative of the applicant in attendance to the following outcome:

 

§ That the applicant agrees to reduce the height of the parapet by 100mm.

 

The mediation notes added the following comments: 

 

“The objectors maintain that it is a step in the right direction although it remains unclear whether the building will meet the same RL as the building next door. The objectors maintain that it (the proposed building) does not address the streetscape or the direct neighbour to the west. Objector from 1A Mount Street maintain that the assessment of the shadow impact is incorrect”

 

While an agreed mediation outcome has been achieved, the concerns raised by the objectors in the mediation process are addressed in the section below.

 

2.2    Assessment of Mediation Issues

 

2.2.1          Height, bulk and scale

The reduction in the parapet height by 100mm, while numerically minor in nature, will assist in further reducing the height and visual bulk and scale of the proposed building. The reduction will effectively reduce the relative level of the parapet wall from RL 78.33 to RL 78.23. In terms of relative levels to AHD, the overall height of the proposed development with the new top floor level (at maximum RL 78.330) will not be inconsistent with the height of the adjoining building at No 218 Clovelly Road (at maximum RL78.180) and will be lower than the maximum height of the 4 storey mixed used development at No. 210-212 Clovelly Road which has a maximum RL 78.43). Additionally, as indicated in the original DA assessment, the proposed bulk and scale will sit well in the overall streetscape as the proposed built form will act as a complementary eastern “book-end” to the local shopping strip on the southern side of Clovelly Road in counter position to the western “book end” already provided by the 4 storey mixed use development at 210-212 Clovelly Road.

2.2.2   Impact of streetscape and building to the west at No 218 Clovelly Road

As indicated in the original DA assessment, the proposal has responded adequately  to its corner position in the Clovelly Road streetscape and, in particular, will not be visually intrusive or overbearing upon the adjoining western neighbour at No 218 Clovelly Road. Overall, the proposed development will not read as an overdevelopment in the existing streetscape and locality given its complementary height to existing buildings in the Clovelly Street streetscape. Rather the additional height assists in reinforcing the corner location with a design and built form supported by the SEPP 65 Design Review Panel as reflected in the Panel’s comments in April 2012 :

 

“This (amended) proposal differs in that it brings forward the extra height to the north boundary.  The Panel considers this response is correct as it is a corner site on two important roads, Mount Street and Clovelly Road, and the Mount Street footpath is particularly wide at this junction.  There are no negative shadow impacts from the extra floor area on the north.”

 

2.2.3   Loss of sunlight

A resident and objector in No 1A Mount Street who participated in the mediation has raised concerns about the adequacy of the original DA assessment of the shadow impact on No. 1A Mount Street. The assessment of the shadow impact of the proposed development has been adequately undertaken by the planning assessment officer and found to be satisfactory. However, to further confirm that the shadow impact, especially on the objector’s property at No 1A Mount Street, are reasonable and acceptable, the following additional assessment is made:

 

·      The shadow diagrams provided by the applicant are considered accurate and adequate in showing the shadow impacts on the west facing windows of No 1A Mount Street. These details confirm that the proposal largely does not create overshadowing upon No 1A Mount Street prior to 3:00 pm. Additional overshadowing will only begin to creep up the west-facing wall and affect the ground floor units of No1A Mount Street at 3:00pm rising to the windows of the floors above well after 3:00pm, not unlike the shadows casted by the existing building albeit at a slightly later time.

 

·      While the increase in overshadowing occurring after 3:00pm are considered significant impacts by the owners of the affected units in No 1A Mount Street, given that solar access to these west facing units only occurs after 12 midday, this overshadowing impact occurs as a natural consequence of the north-south orientation of the subject site in relation to the obejctor’s property (that is, the proposed shadow shifts from west to east). In much the same way, the objector’s property suffers naturally from the fact that the west facing living room windows in No 1A Mount Street are naturally in the shadow of its own building in the winter morning. The additional overshadowing impact is a direct and natural consequence of the orientation of the subject site rather than an inappropriate building design especially given that the proposed building has been designed to comply with the maximum building height standard. 

 

·      While the proposal exceeds the maximum permissible FSR of 1.5:1 with a proposed FSR of 1.97:1 (483 sqm), the proposal will have a building height (11.3m at maximum RL 78.230 to roof parapet) which complies with the maximum building height standard of 12m under the Randwick LEP 1998.  Accordingly, the new second floor level that generates the minor overshadowing of No 1A Mount Street is contained within an overall building height of 11.4m that complies with the 12m building height control. Furthermore, the separation distance between the two properties provided by Mount Street road reserve is 20m which is considered generous in mitigating overshadowing impacts to a proposed building with a compliant height. Accordingly, the additional overshadowing impact upon the west facing wall of No 1A Mount Street outside of the 9:00am to 3:00pm solar access time frame, as generated by a proposal that is compliant in building height, is considered reasonable and acceptable.

 

·      The Design Review Panel, in its assessment of the proposal also concludes that the proposal will have no negative shadow impacts on adjoining properties as quoted in their comments in Section 2.2.2 above. 

 

Conclusion:

 

In accordance with Council’s resolution at its Ordinary Meeting on 14 August 2012, a mediation session was held on 17 October 2012. An agreement has been reached between the parties at the conclusion of the mediation process essentially to reduce the maximum building height at the parapet by 100mm. The application is referred back to the Planning Committee for its consideration and determination.

 

The proposal has been assessed by the planning officer as being satisfactory, and will not result in unreasonable impacts on the streetscape and the amenity of the adjoining and surrounding residential properties.

 

In view of the above, it is recommended that DA/405/2011 be approved. A condition requiring the parapet wall to be reduced by 100mm to RL 78.23 as per the mediation agreement will be added to the conditions of consent as originally proposed.

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/405/2011 for the alterations and additions to existing mixed-use building including new second floor containing 2 residential units at 220 Clovelly Road, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans numbered HAR-01, HAR-02 and HAR-03 Revision B, and all dated 05/04/2012 and stamped received by Council on 1 May 2012, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

BASIX Certificate

No.

Dated

 

378682M

28 May 2011

 

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:

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

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.

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

       

3.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority, prior to issuing a construction certificate.

 

The following condition is applied to meet additional demands for public facilities:

5.       In accordance with Council’s 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

$ 471.735.00

1%

$4,717.35

 

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.

 

Consent Requirements

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

 

Long Service Levy Payments

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

 

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.

 

           Structural Adequacy

10.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of a construction certificate, certifying the structural adequacy of the existing structure to support the proposed works.

 

Stormwater Drainage

11.     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.

 

12.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage by gravity (without the use of a charged system).

 

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.

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

8.       In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

9.       In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, 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.

 

Compliance with the Building Code of Australia & Relevant Standards

10.     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).

 

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

 

Building & Design

12.     The maximum height of the building along the parapet shall be reduced by 100mm to RL78.23.  Details are to be included in the plans/specifications for the construction certificate.

 

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.

 

13.     Any metal roof sheeting is to be pre-painted and form part of the colour scheme and external finishes for the development. The reflectivity index of materials used in the external façade of the development must not exceed 20 percent.  The details and samples of the materials to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of City Planning, prior to the commencement of works.

 

 

Certification and Building Inspection Requirements

 

14.     Prior to the commencement of any building work, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

15.     Prior to the commencement of any building works, the person having the benefit of the development consent must:

 

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

·       appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

·       notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

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

 

Sydney Water

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

 

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

 

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

 

Public Utilities

17.     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.

 

18.     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.

 

Construction Traffic Management

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

 

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

 

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

 

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

 

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.

 

Building regulation and construction site management

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

 

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

 

Inspections during Construction

22.     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).

 

         Fire Safety

23.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety:-

 

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

 

Restrictions on Hours of works

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

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

 

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

 

1)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

2)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

3)     A sign must be provided and maintained in a prominent position, which contains the following details:

 

·         name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

 

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

 

5)     A Road / Asset Opening application must be submitted to and approved by Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council.  For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Building & Demolition Work Requirements

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Requirements, Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997

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

·            DECC/EPA Waste Classification Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

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

 

Building Encroachments

28.     There must be no encroachment of any structures or building work onto any adjoining premises, 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

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Fire Safety Certificate Requirements

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

 

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

 

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

 

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

 

31.     The existing levels of fire safety and amenity within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate or strata subdivision certificate:

 

a)       The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of clause 94 of the Environmental Planning and Assessment Regulation 2000 and a report prepared by a suitably qualified person or accredited certifier is to be submitted to and approved by Council’s Manager of Environmental Health and Building Services, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979.

 

The fire safety report must detail the measures considered appropriate to satisfy the relevant deemed-to-satisfy or performance requirements of the Building Code of Australia, to protect persons using the building, and to facilitate their egress from the building in the event of fire and to restrict the spread of fire.

 

The fire safety upgrading works are to be included in the construction certificate and be implemented prior to occupation of the new building or part and written confirmation is to be provided to Council accordingly.

 

Structural Certification

32.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the building.

 

Occupant Safety - Windows

33.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·           Other appropriate effective safety measures or barrier.

 

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

 

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.

 

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

 

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

 

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

 

36.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

 

Waste Management

39.     Waste Management provisions must be implemented in accordance with the Waste Management Plan submitted with the development application (Prepared by SPD Town Planners dated 26th June 2012), subject to the following amendments:

§ Waste bin areas open to the sky are not permitted to be drained to the sewer as this is in breach of Sydney Water requirements.

§ Only 4 x 240L bins consisting of 2 x 240L garbage & 2 x 240L recycling are required for the residential component of the development.

 

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.

 

Environmental Amenity

40.     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.

 

41.     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.

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

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

 

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

 

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

 

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

 

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

 

A2      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.

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

1.View

DCP Report of 14 August 2012

 

 

 

 


DCP Report of 14 August 2012

Attachment 1

 

 

 

Development Application Report No. D84/12

 

 

Subject:                  220-220A Clovelly Road, Randwick (DA/405/2011)

Folder No:                   DA/405/2011

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Alterations and additions to existing mixed-use building including new second floor containing 2 residential units (SEPP1 objection to floor space ratio control)

Ward:                      North Ward

Applicant:                HFDT Pty Ltd

Owner:                         HFDT Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.      Executive Summary 

 

The subject proposal is referred to the Planning Committee for determination as it has a development that involves variation to the FSR development standard in excess of 10%. 

 

The subject application was originally for alterations and additions to existing mixed-use building including new second floor containing 2 residential units.

 

Following issues raised by the Design Review Panel, amended plans were submitted on 1 May 2012 incorporating changes primarily comprising revised material and configuration for the new upper floor construction; extension of front wall of part of the new upper floor addition onto the Clovelly Road boundary to reinforce the street edge; revision of the internal layout of the two new units and provision of clerestory roof light to improve energy efficiency and ventilation; and provision of obscure glazing on the west elevation as well as extended wrap-around awning over part of the Mount Street façade.

 

The amended plans were not required to be re-notified as the amendments represent improvements to the proposal relating primarily to the external material and presentation of the new upper floor and internal layout of the proposed dwelling units with no new fenestration or no significant increase in the original building envelope to warrant re-notification. These amended plans are the subject of this report, and are considered to be satisfactory, addressing an improved overall proposal in relation to visual bulk and scale, aesthetics and energy efficiency.

 

The amended proposal has an FSR of 1.97:1 compared with the maximum 1.5:1 FSR standard applicable in Local Business 3B zone under the Randwick LEP 1998. The amended proposal also has a maximum building height of 11.4m (at RL 78.33) which complies with the maximum building height standard of 12m under the Randwick LEP 1998.

 

A State Environmental Planning Policy No. 1 (SEPP 1) has been lodged in support of the variation to the FSR standard.  The SEPP 1 Objections have been assessed and found acceptable as the resultant maximum building height of 11.4m will comply with the maximum 12m height control; the bulk and scale of the proposed development is consistent with the existing scale and character of development in the immediate mixed use streetscape along Clovelly Road which is predominantly comprised of 3-4 storey developments. Additionally, developments at No. 218 and No. 210-212 have been approved at FSRs in excess of 1.5:1 and provide for suitably scaled buildings in the context of the Local Business Centre. Furthermore, the breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. The proposal, also, is consistent with the planning objectives for the locality and purposes of the standard.

 

The proposal does not comply with the numerical car parking requirement of the DCP – Car parking, having a shortfall of 3 car spaces. The applicant has provided a letter from a traffic consultant, Terrafic Pty Limited, in support of the shortfall advising that the additional 3 car spaces required is minor and can be supported in terms of the principles of Travel Demand Management whereby car parking shortfalls due to factors such as site constraints can be used as opportunities for modifying travel behaviour and decisions towards alternative sustainable forms of transport. The consultant’s advice is considered reasonable especially given the fact that the provision of any car parking on-site in this case is physically not possible while good and frequent bus services are readily available on Clovelly Road.  Having regard to the moderate scale and density of the proposal (the addition of only 2 x two-bedroom units) and the retention and upgrade to the existing fabric of the ground floor shop (to enhance its contribution to local business development in the Clovelly neighbourhood centre), refusal of the DA on the basis of a minor shortfall in car parking is not considered warranted and supportable.

 

Six objectors have raised issues relating to height, bulk and scale, view loss, overshadowing, parking and non-compliance with development standards. The objectors’ issues are addressed in relevant sections of this report. One submission in support of the development was also received.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The amended proposal lodged on 1 May 2012 incorporated the following amendments:

 

§ Walls to the new upper floor to be constructed in rendered masonry rather than the original metal cladding.

§ Windows in east elevation designed to low sill height of 600mm with operable portions at 1.2m sill height to improve outlook on future residents to the street.

§ Main bedroom wall of proposed front unit on new top floor brought to the street front as per the DRP recommendation  

§ Corner presentation strengthened with masonry post and solid frame.

§ Pergola installed above front balcony.

§ Provision of clerestory roof lights with electrically operable louvers extending over the living areas and south facing bedrooms of the two new units.   

§ Improvements to the layout of the two new dwelling units by reducing circulation corridors and providing more efficient bathroom layouts.

§ Provide obscure glazed windows on the west elevation to minimise overlooking of adjoining western property.

§ Provide privacy slats and louvers to north facing balcony.

§ Extended awning to wrap around part of the Mount Street façade.

 

Apart from the above listed improvements, the amended building, essentially, will be similar to the original proposal which will be for alterations and additions to existing mixed-use building with a new second floor containing 2 two-bedroom residential units.

 

3.      The Subject Site and Surrounding Area

 

The site is located on the southern side of Clovelly Road at the south-western corner of the intersection of Clovelly road and Mount Street. The site is rectangular in shape, having an overall area of 250.4 sqm. The site has a northern frontage to Clovelly Road  of 10.12m and side boundaries of 24.86m.  The subject site slopes gently from Clovelly Road to the rear by approximately 1.5m.

 

The site is presently occupied by an existing two storey mixed use building containing two ground floor shops and two 2bedroom units at first floor level. The site also contains a right of way for pedestrian access to the adjoining property at No. 218 Clovelly Road.

The site is adjoined to the immediate west by a two storey brick shop and flat building at No 218 Clovelly Road. Further west are a row of two storey mixed use buildings with shops on the Clovelly Road ground level and flats on first floor levels at No 214-216 Clovelly Road, and a large and modern four storey mixed used development with shops at ground and flats on first floor levels at No 210-214 Clovelly road. To the north on the opposite side of Clovelly road is a row of two storey shops extending from Bishops Avenue to Fern Street with a three storey mixed used development on the north-eastern corner of Clovelly Road and Fern Street.

 

The surrounding area is characterised by predominantly medium density 2-4 storey mixed use development along Clovelly Road and multi unit residential development immediately adjoining these mixed uses ranging between 2 and 4 storeys in scale, and display a range of architectural styles and external finishes.

 

Photographs of the site and surrounds

1. The existing mixed use development on the corner of Clovelly Road and Mount Street with other redeveloped properties at No. 214, and No. 210-212 beyond at the other end of this shopping strip on Clovelly Road.   

2. Adjoining mixed use development at No. 222-226 Clovelly Road (left) and residential flat building No. 1A Mount Street at the rear(right).

4. Mixed use development on the opposite northern side of Clovelly Road.

4. Three storey mixed used development on the north-eastern corner of Clovelly Road and Fern Street

 


 

6. Rear section of the subject site with existing right of way for pedestrian access to No 218 Clovelly Road. (at the gate opening).

7. Existing side setbacks between the existing subject property (right) and the existing property at No. 218 Clovelly Road (left) which will be maintained under the proposed development.