Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 4 December 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                                                                                          4 December 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, 4 December 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.

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 13 November 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.

D105/12    10 Bunya Parade, South Coogee (DA/248/2012) Deferred

D106/12    9-11 Fenton Avenue, Maroubra (DA/297/2012) Deferred

D107/12    27 Liguria Street, Maroubra (DA/895/2011) Deferred

D108/12    148-158 Anzac Parade, Kensington (DA/689/2011) Deferred

D109/12    80 Alison Road, Randwick (DA/9/2010/A)

D110/12    3 Minneapolis Crescent, Maroubra (DA/486/2012)

D111/12    131-133 Brook Street, Coogee (DA/161/2012)

D112/12    133 Carrington Road, Coogee (DA/884/2009/B)

D113/12    135 Carrington Road, Coogee (DA/885/2009/B)

D114/12    1609-1611 Anzac Parade, La Perouse (DA/76/2009/B)

D115/12    55 Dudley Street, Coogee (DA/364/2008/H)

D116/12    55 Dudley Street, Coogee (DA/364/2008/G & DA/364/2008/I)

D117/12    439 Anzac Parade, Kingsford (DA/227/2012)

D118/12    152-154 Avoca Street, Randwick (DA/373/2011/B)

D119/12    6 Greville Street, Clovelly (DA/338/2005/B)

D120/12    291 Malabar Road, Maroubra (DA/179/2011/A)

Miscellaneous Report (record of voting not required)

M6/12       Update on Malabar headland impacts on South Maroubra beach   

Closed Session  (record of voting required)

D121/12    205 Maroubra Road, Maroubra (DA/424/2010/A)

This matter is considered to be confidential under Section 10A(2) (e) Of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                          4 December 2012

 

 

Development Application Report No. D105/12

 

 

Subject:                  10 Bunya Parade, South Coogee (DA/248/2012)

Folder No:                   DA/248/2012

Author:                   Arian Galanis, Environmental Planning Officer     

 

Introduction

 

A report recommending approval of a development application proposing the demolition of existing structures within the site and construction of a new part two part three storey dwelling house, with basement parking for two vehicles was considered at the Ordinary Council Meeting on 9 October 2012. It was resolved at the meeting:

 

“That the application be deferred to enable mediation between the applicant and objectors.”

 

Through mediation, stakeholders agreed to increase the setback of the parapet wall located above the laundry courtyard by 300mm to further reduce overshadowing to the adjoining property at 12 Bunya Parade from the southern side boundary.

 

Issues

 

A mediation meeting was held on 7 November 2012 at Council with the affected residents in Bunya Parade and the applicant.

 

The following comments are provided by the mediator:

 

“… During the mediation session, [the] main concern raised by the owner of No 14 Bunya Parade regarding traffic management during construction period. I have pointed out that Council has placed a condition in the report for the applicant to provide a Traffic Management plan to Council prior to commencement of work. The objector accepted the explanation.

 

The owner of No 12 Bunya Parade expressed concern regarding the overshadowing by the proposed new development. Following some debate, [the] applicant agreed to amend the plan the objector accepted the amendment.”

 

The outcomes of the mediation meeting are summarised as follows:

 

·      The owners of No 14 Bunya Parade accepted Council’s condition in relation to traffic management report as per Council recommendation.

 

·      It is understood that their will be a Site Forman who’s contact details will be available to residents, to ensure compliance with the requirements of the plan.

 

·      The applicant agreed to further setback the parapet of the wall above the laundry court yard by 300mm to north as per the amended plan.

 

·      The objector of 12 Bunya Parade accepts the amended plan to the parapet subject to the condition that the shadow diagrams are accurate as presented at the meeting.

Following the mediation meeting, the revised plans were received by Council on 14 November 2012 showing the following amendments:

 

·      Relocation of the parapet wall above laundry as outlined in mediation agreement by additional 300mm from the southern side boundary.

 

The above amendment will increase the setback of the parapet wall from 2.8m to 3.1m. This modification will reduce the amount of overshadowing towards the south boundary neighbour.

 

Hence the amendment is considered to be consistent with the outcomes of the mediation meeting and therefore the re-notification of these plans is considered to be unnecessary. Should the application be approved, the amended plans will form part of the conditions of consent.

 

In relation to other matters raised at the mediation meeting (i.e. traffic management), it should be noted that these matters have been previously considered and addressed in the assessment process.

 

For these reasons, the application is recommended for approval subject conditions.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/248/2012 for Demolition of existing dwelling and construction of new two storey dwelling with lower level double garage, landscaping and associated works, at 10 Bunya Parade, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev

Drawn by

Dated

Stamped

DA03

C

MCK Architects (BN)

November 2012

14 November 2012

DA04

B

MCK Architects (BN)

July 2012

12 July 2012

DA05

B

MCK Architects (BN)

July 2012

12 July 2012

DA06

B

MCK Architects (BN)

July 2012

12 July 2012

DA07

C

MCK Architects (BN)

November 2012

14 November 2012

DA08

B

MCK Architects (BN)

July 2012

12 July 2012

DA09

B

MCK Architects (BN)

July 2012

12 July 2012

DA14

B

MCK Architects (BN)

July 2012

12 July 2012

A1

1

Anthony Wyer (RC)

July 2012

24 April 2012

 

BASIX Certificate

No.

Dated

Wyer + Robless

417349S

27 March 2012

 

Amendment of Plans & Documentation

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

 

a.     The privacy screens shown over first floor windows on the southern elevation must be constructed over the entire area of the windows and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.

 

b.     In order to provide a visual buffer between the western most first floor balcony (noted on plans as “sun terrace”) and the adjoining property, the landscaped garden bed to the north of, and attached to, this balcony must be planted with appropriate native species that will to reach a mature height of 1.5m from the floor level of the terrace.

 

c.     The front boundary fence to the north of the garage must be constructed to a maximum height of 1800mm and the upper two thirds must be constructed so as to be 50% visually permeable. Alternatively, a solid front fence may be built to a height of 1200mm. 

 

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 compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,690,000, the following applicable monetary levy must be paid to Council: $16,900.00.

 

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $5000.00    -      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.

 

Retaining Walls

8.       The applicant is to contact Council’s Coordinator of Engineering Services on 9399-0906 to obtain Council’s design requirements for the proposed retaining wall located on Council’s road reserve. The plans submitted for the construction certificate must reflect the Council requirements and be submitted to council for approval.

 

Design Alignment levels

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

 

·       RL 15.48 (AHD)

 

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

 

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

 

10.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $705 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Sydney Water

11.     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

12.     Detailed drainage plans shall be prepared by a suitably qualified hydraulic engineer and 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 Australian Standard 3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) except as varied by the conditions of this development approval.

 

13.     A site stormwater drainage system is to be provided in accordance with the following requirements (as applicable):

 

a)     The stormwater drainage system must be designed and constructed to satisfy the relevant requirements in the Building Code of Australia,

 

b)     Roof stormwater must be directed to a suitably designed and constructed rainwater tank, as required in the relevant BASIX Certificate for the dwelling,

 

c)     The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit which then drains to Council’s kerb and gutter in Bunya Parade.

 

d)     Details of the design and construction of the stormwater drainage system, sediment site arrestor pit/s and infiltration areas must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

14.     The sediment/silt arrestor pit shall be constructed with:

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

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

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

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

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

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

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

·        A sign adjacent to this pit stating that:

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

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

 

Site Seepage & Dewatering

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

 

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

 

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

 

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

 

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

               

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

 

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

16.     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

17.     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

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

 

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

 

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

 

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.

 

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

 

Landscaping

21.     The PCA must confirm that the Landscape Plan by Anthony Wyer Landscape Design, job no. 01-12, issue 1, dated 21.03.12 has been amended to show the following requirements:

 

a)     Deletion of Acer platanoides ‘Crimson Sentry’ (Norway Maple) from the planting plan and plant schedule due to this species inability to tolerate such a front-line coastal location, and must be replaced with an alternative native coastal species that is more suited to this location;

 

b)     The use of Bambusa textilis ‘Gracilis’ (Slender Weavers Bamboo) along both the northern and southern boundaries is not supported given this species ability to obscure highly prized water views and restrict solar access, and must be replaced with an alternative species that will not exceed 3.5 metres in height at maturity, with the alternative species to be nominated in order to confirm compliance;

 

c)     The mass planted areas of Melaleuca linariifolia ‘Dwarf’ (Dwarf Honey Myrtle) and Allocasuarina glauca ‘Cousin It’ (Prostrate She-Oak) proposed for the public verge on either side of the driveway must be replaced with either Dianella ‘Little Jess’, Dianella ‘Breeze’ , or Lomandra ‘Tanika’ or Lomanda ‘Katrinus’, and are to be planted at a rate of 9 viro-tubes or 6 x 140mm pots per square metre.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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.

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

32.     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

33.     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

34.     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

35.     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

36.     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

37.     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

38.     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

39.     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.

 

40.     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.

 

41.     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

42.     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

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

Tree Management

45.     No objections are raised to removing any of the existing vegetation throughout the site due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

Site Amenities

46.     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

47.     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

48.     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

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

50.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Spa Pool Safety

51.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

52.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

a)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

b)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

c)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

53.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)     Remove the existing retaining wall and excavate as required to facilitate the construction of the vehicular access.

b)     Construct/Extend the concrete vehicular crossing as required.

c)     Construct new retaining walls as required.

d)     Construct 1.3m wide concrete footpath adjacent to kerbline across the site frontage.

 

         All works shall be to the satisfaction of Council and the PCA.

 

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

 

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

 

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

 

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

 

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

 

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

 

Landscaping

57.     Certification from a qualified professional in the landscape/horticultural industry must be submitted to the PCA, confirming that landscaping at this site has been installed substantially in accordance with the relevant conditions of consent, as well as the amended Landscape Plan by Anthony Wyer Landscape Design, job no. 01-12, issue 1, dated 21.03.12, with the owner/s responsible for ensuring that these works are maintained in a healthy and vigorous state until maturity.

 

58.     If the applicant elects not to plant out the verge, the nature-strip upon Council's footway shall then 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.

 

Stormwater Drainage

59.     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.

 

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

 

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

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

 

Use of premises

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

 

Street Numbering

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

 

Waste Management

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

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

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

 

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

 

Pool Plant & Equipment

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

 

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

·       before 7.00am or after 8.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

67.     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

68.     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

69.     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

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          4 December 2012

 

 

Development Application Report No. D106/12

 

 

Subject:                  9-11 Fenton Avenue, Maroubra (DA/297/2012)

Folder No:                   DA/297/2012

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

 

Introduction

 

The application is for demolition of the existing building demolition of an existing residential flat building (RFB) at 9 Fenton Ave, Maroubra and construction of a car park at 9 Fenton Ave. The new car park will be used in conjunction with the existing car park at 11 and 13 Fenton Ave that will also be upgraded as part of this proposal. The combined car park is proposed to be used by patrons of the Maroubra Seals Club.

 

At the Council Meeting held on 9 October 2012, it was resolved:

 

(Nash/Belleli) that the application be deferred to enable the applicant to supply information that addresses the proposed reasons for refusal.

 

On 15 November 2012, amended plans were lodged with Council that have increased the landscaped area for the existing and new car park including the provision of additional canopy trees and the use “Boral Split Face” sandstone to improve the aesthetic appearance of the block walls and planters. The applicant has also provided a statement from an acoustic expert in relation to the acoustic barrier that is to be provided along the northern boundary and an amended SEPP 1 objection due to the increase in landscaped area.

 

Issues

 

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

 

The proposal seeks to vary development standards contained within Randwick LEP 1998. An amended SEPP 1 Objection has been submitted in response to the increase in landscaped area. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

Clause 20E: Landscaped area

 

20E (2) Total landscaped area

Proposed

Site area

1,149.5m2

LEP development standard

50% or 574.75m2

Proposed Landscaping

12% or 137.75m2

Excess above or less than the LEP standard

76%

 

Matter 1

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

 

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

 

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

 

Having regard to the objective of Clause 20(E), the appropriate test in this instance is to establish whether the proposed car park provides sufficient landscaping consistent with the level required for its efficient use and in a manner that is compatible with the established character of the locality. It must also not detract from the amenity of the locality and the objectives of the Residential 2C Zone.

 

The relevant arguments put forward by the applicant in support of the SEPP 1 are provided below:

 

The variation of the minimum landscaped area requirement will not create a major urban design issue in the local streetscape nor amenity problems for the adjoining residents. The subsequent development will be environmentally friendly and will provide a quality streetscape for the local community and visitors without creating what might be deemed as an overdevelopment of the subject site.

 

The variation to the minimum landscaped area requirement for the proposed development will not be unreasonable from an urban design perspective.  The proposed development will not create a development that will be out of character with the adjoining and nearby land uses in this locality.  Accordingly, notwithstanding the variation to the minimum landscaped area requirement, the proposal is considered to be not inconsistent with the underlying purpose of that standard. The proposed development will not sterilize the site for any future redevelopment in this part of Maroubra and will be not create an undesirable precedent for Council nor cause any adverse impact to the amenity of the neighbourhood.

 

The Maroubra Seals are an integral part of the social fabric of Maroubra. As the official website of the club indicates: “Over the years the Maroubra Seals Sports & Community Club has supported the local community though generous donations to institutions such as Maroubra and South Maroubra Surf Life Saving Clubs and numerous charitable organisations. The Board of Directors is dedicated to channelling financial assistance to the growing needs of the community and offers a range of social interaction for the members.”

 

The Maroubra Seals have identified a strong operational need for more parking so that its role in catering for the growing needs of the local community can be adequately catered for.

 

As required by Council’s Parking Development Control Plan (DCP) great care has been taken by Projects TT so as to ensure that the following key landscape objectives of the DCP are achieved:

 

·      Visibility across the site to improve security;

·      Visibility between drivers and pedestrians; and

·      Sightlines to be retained between the car park, public roads and paths

 

Ultimately the landscape design by Projects TT seeks to strike a balance between security, sightline, traffic and stormwater considerations whilst incorporating Council’s recommended planting layout for 90º parking as contained in its Parking DCP.

 

Based on the plans for the car park and its landscaping prepared by Projects TT, strict compliance with the minimum landscaped area for development in the Residential 2C zone is considered unreasonable or unnecessary in the circumstances of the case for the following reasons:

 

·      The proposal achieves the objectives of Council’s Car Parking DCP

·      The difference between the subject development proposal and a development with no variation would not be noticeable to the pedestrians, motorists and local residents in this location;

·      The development will maintain the open beach side character in this part of Maroubra based on the quality design proposed;

·      The proposed development has various areas of plantings to ‘soften’ the effect of the new car park without compromising CPTED (Crime Prevention Through Environmental Design) principles.

·      The proposal is not inconsistent with what might be deemed to be the underlying purpose of clause 20E of RLEP1998 in relation to minimum landscaped area.

 

The applicant has amended the proposal by increasing the amount of landscaping on the site, has incorporated more canopy trees and has improved the visual appearance of the planter and retaining walls of the entire car park area so that there is a cohesive and integrated aesthetic response.

 

In the SEPP 1 objection, the applicant states that the purpose of the standard in clause 20E of RLEP1998 is “…to limit the size, scale and site coverage of a building…” [underlining by IWTP] and given that no building is proposed it could reasonably be argued that the purpose of this clause is not to apply to development where no buildings are being proposed such as the permissible development for a car park.

 

Clause 20E specifically refers to a “development” rather than a “building” and as such is applicable to a development within the relevant zone. However, the definition of “landscaped area” would appear to be designed for residential development in the 2C Residential Zone and is difficult to apply to a car park situation. Similarly, it would be unreasonable to provide areas that are used, or capable of being used, for outdoor recreation or private open space as required by the landscaped area definition. As such, it is considered appropriate in the circumstances that the amount, type and layout of the landscaping should reasonably mitigate the amenity impacts to adjoining residents and screen the proposal from the street by softening the impact of sealed areas and parked cars. 

 

The amount of landscaping now proposed is considered adequate for the purpose of screening and softening the visual impact of the proposed car park within the residential area. The increased planting areas and upgrade of the existing structures will significantly improve the material quality and landscaped setting of the car park. Council’s Landscape officer has reviewed the amended landscape design and considers that a completely new landscape scheme of a consistent theme and treatment over both the new and existing car park is seen as a more favourable end result for the success of the project, as well as for presentation of the site for patrons, neighbours and the streetscape. The Landscape Officer has recommended the substitution of some species in order by provide the most appropriate vegetation for its coastal location. The original application involved the construction of a boundary wall fronting Fenton Avenue that would be 2.4m in height. This has now been amended to include a stainless steel open balustrade above the height of the car park that significantly improves the streetscape relationship of the proposal.  The amended landscaping associated with the car park will now achieve a reasonable balance between providing appropriate screening, canopy tree cover and low shrub/ground cover planting whilst ensuring the efficient operation of a car park. Hence, compliance with the development standard in this instance is considered unreasonable and unnecessary in the circumstances of the case.

 

Matter 2

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

 

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

 

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

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

 

The variation from the landscaped area development standard is consistent with the aims of SEPP 1 as it has been adequately demonstrated that compliance with the development standard would otherwise interfere with the orderly use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

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

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

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

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning.

 

There is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

The underlying objective of the standard would be defeated or thwarted if compliance was required.

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

Fifth

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

 

Comments:

The existing Residential 2C zoning is not considered to be inappropriate for the locality.

 

Randwick Local Environmental Plan (Consolidation) 1998

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following clauses of the Randwick LEP 1998 (Consolidation) apply to the proposal:-

 

Clause 12: Zone No 2C (Residential Zone)

Council may grant consent to the carrying out of development on land only after it has considered the extent to which the proposed development is consistent with the specific objectives of the zone within which the development is proposed.

 

(1) The relevant objectives of the 2C zone are:

 

(a)     to provide for a medium density residential environment, and

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

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

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

(e)     to encourage housing affordability, and

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

 

The proposed development is consistent with the objectives (1)(b), (1)(c) or 1(d) for the reasons outlined below:

 

·      The amount of landscaping now proposed is considered adequate for the purpose of screening and softening the visual impact of the proposed car park within the residential area.

 

·      The proposal involves increasing the parking area and the creating circulation areas within close proximity of existing residential buildings.  The amended information in support of the application shows an “acoustic screen” along the northern boundary of the site that has been supported by a statement from an acoustic consultant.

 

·      The existing car park has two poles with lights and CCTV cameras affixed. A suitable condition is included in the recommendation requiring lighting to the car park to be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area. 

 

·      Whilst the proposed development involves the removal of an existing residential flat building and will detract from the streetscape character of Fenton Ave by disrupting the rhythm of building to void created by the existing residential pattern of development, car park areas are a permitted use within the Residential 2C Zone.

 

Development Control Plan – Parking

 

In relation to landscaping, Council’s Development Control Plan – Parking has the following objective:- “To enhance the appearance, operation and amenity of the car parking areas through landscape design”.

 

It is considered that the proposal achieves this objective.  As previously mentioned, the landscaping and material quality of the new structures now being provided  will adequately screen the car park from Fenton Ave and surrounding residential development whilst softening of the hard surfaces and glare from reflection of cars parked within the proposed area. 

 

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

Acoustic Impacts

 

Any Club, which is open late in the evening, clearly has the potential to result in a nuisance (generate noise, etc) that may interfere with the amenity of residential properties that are in close proximity to the Club and car park. The applicant has now provided a revised acoustic screen along the northern side boundary of the site that has been supported by a statement from an acoustic expert. The acoustic expert has also made recommendations to restrict the hours of operation to 10pm and measures to reduce the incidence of tyre squeal. A condition is also included in the recommendation requiring an acoustic report to be prepared prior to the issuing of an occupation certificate demonstrating that the proposal will comply with the relevant noise criteria and for a Plan of Management to be prepared.

 

Light Spill

The expansion of the proposed car park is likely to require the installation of additional light poles or the installation of additional lights on existing light poles. A suitable condition is included in the recommendation requiring lighting to the car park to be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area. 

 

Flooding

Council's Development Engineer has advised that all car spaces within an open on-grade car park should be at or above the 5% AEP. The additional car spaces the subject of this application generally comply with this requirement with a number of car spaces being at or above the 1%AEP.

 

The current residential flat building on the subject site provides a level of floodplain storage during major storm events. Water can readily enter the site under current conditions however the application seeks to build an impervious boundary wall along the Fenton Avenue site frontage. To compensate for the loss of floodplain storage a storage tank with opening to Fenton Avenue has been proposed. The sizing of this tank and stormwater entry/exit mechanism would need to be the subject of further design work should the application be approved. Conditions addressing the additional design work have been included if this report.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The amended plans have addressed the issues raised by Council in the assessment of the original application. The proposed development is now satisfactory in terms of its amenity impacts on adjoining and neighbouring properties, the streetscape of Fenton Avenue and landscaping. The SEPP 1 objection with regards to the shortfall  in the statutory landscaped area required for a site in the 2C residential area has been adequately justified in the circumstances of a car park development.  The application also demonstrates that any acoustic impacts on neighbouring properties are able to be mitigated to an acceptable level.

 

Recommendation

 

A.       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/297/2012 for demolition of existing building and extension of existing at grade car park for Maroubra Seals Club with associated landscaping, fencing and storm water absorption tank underneath, at No. 9-10 Fenton Avenue, Maroubra, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

 

 

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

0707 – DA-02 Site Sections 01 & 02 Revision F

 

Project H

 

March 2012

 

15 November 2012

0707 – DA-03 Site Sections 03, 04 & 05 Revision F

0707 – DA-02 Sediment Control Plan Revision F

 

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.       Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) of the external surface materials are to be submitted to Council for approval.

 

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

 

Security Deposit

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

 

·           $5000.00    -      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.

 

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

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

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

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

 

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

 

New Street Trees

5.       The applicant shall submit a total payment of $214.50 (including GST) to cover Council’s cost to supply and install 2 x 25 litre street trees, Banksia integrifolia (Coastal Banksia), on the Fenton Avenue verge, spaced evenly between the existing street trees and the common boundary with 7 Fenton Avenue, at the completion of all works.

 

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 planting of the new trees.

 

Street Tree Protection

6.       In order to ensure retention of the row of three existing Banksia integrifolia (Coastal Banksia’s) on the Fenton Avenue verge, towards the southern half of the site in good health, the following measures are to be undertaken:

 

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

 

b.       Each of these three street trees must be physically protected by installing a total of four star pickets at a setback of 1 metre to their northeast and southwest (measured off the outside edge of their trunks at ground level), as well as against the back of the kerb to their west, and the footpath to their east, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose them for the duration of works.

 

c.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

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

 

e.       Within the TPZ, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

f.        A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the trees.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

Access & Facilities

8.       Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.

 

 

Site stability and construction work

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

 

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

 

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

 

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

 

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

 

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

 

Traffic conditions

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

 

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

 

Design Alignment levels

12.     The design alignment levels (the finished level of concrete, paving or the like) at the Fenton Avenue property boundary for driveways, access ramps and pathways or the like, must be obtained in writing from Councils Development Engineer Coordinator prior to lodgement of the construction certificate application.

 

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

 

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

 

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

 

14.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $630 calculated at $48.00 (inclusive of GST) per metre of site frontage to Fenton Avenue. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage

15.     Prior to lodgement of a Construction Certificate Application the applicant must submit to Council for approval, and have approved, full structural and hydraulic design details for the proposed structure within the carpark required to maintain an equivalent floodplain storage, pre-development to post-development, (the floodplain compensatory storage structure). The design details shall include, but not be limited to, structural design, design and operation of the inlet structure, design calculations for sizing of the structure and access/maintenance provisions. The design details must be prepared in consultation with Council.

 

Stormwater Drainage & Flood Management

16.     All new carspaces within the open on-grade carpark must be at or above the 5% AEP level of RL 5.9 metres AHD or be suitably waterproofed up to this same level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

17.     All openings into the carpark (excluding the floodplain compensatory storage area opening) are to be located at or above 5.9 metres AHD. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

18.     All new structures along the Fenton Avenue boundary, the existing Right of Way and the northern boundary of the carpark shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority with the construction certificate.

 

This requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

19.     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, and invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

Internal Drainage

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

 

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

 

b)     The stormwater must be discharged (by gravity) to a suitably designed infiltration system/s (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)     The infiltration area/s 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/s shall be sized for the 1 in 100 year storm event.

 

d)     Determination of the required cumulative storage (in the infiltration system/s) 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.

 

e)     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.

 

f)     A sediment/silt arrestor pit must be provided within the site prior to discharge of the stormwater to any absorption/infiltration system.

 

g)     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.

 

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

 

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

 

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

 

21.     Details of the proposed connection and or disposal of any site seepage, groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineering Coordinator, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

Details must include the following information:

 

·       Site plan

·       Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·       Volume of water to be discharged

·       Location and size of drainage pipes

·       Duration, dates and time/s for the proposed works and disposal

·       Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·       Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·       Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·       Details of compliance with any relevant approvals and licences

 

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

 

Certification and Building Inspection Requirements

22.     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.

 

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

 

b)     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

 

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

 

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

 

Dilapidation Reports

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

 

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

 

Construction Site Management Plan

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

 

·          location and construction of protective site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

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

·          Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Public Liability

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

 

Construction Traffic Management

28.     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 Fenton Avenue 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.

 

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

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

30.     Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

Civil Works

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

 

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

 

 

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

 

          Public Utilities

32.     A public utility impact assessment must be carried out on all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.  The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the principal certifying authority prior to the commencement of any demolition, excavation or building works.

 

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

 

Landscaping

34.     Landscaping at the site shall be installed substantially in accordance with the Sediment Control Plan by Projects TT, dwg DA03 & 05, project 0707, revision F, subject to the following additional requirements being shown on amended plans, which must be submitted to, and be approved by, the PCA, prior to the commencement of site works:

 

a)  Eucalyptus saligna (Sydney Blue Gum) shall be deleted from all plans as due to its large size at maturity, with this species not suited to such a restricted growing environment, and could also not tolerate the frontline coastal winds, with a minimum of five (5) x 45 litre (pot size at the time of planting) Cupaniopsis anacardioides (Tuckeroo) to be provided in their place throughout the site;

 

b)  Acacia longifolia subsp sophorae (Coastal Wattle) shall also be deleted from all plans as this species is not associated with high quality urban projects due to its short life span and untidy appearance, and must be replaced with a more decorative and reliable species from the following short list, which are to be a minimum 150mm pot size at the time of planting:

 

·      Correa alba (White Correa), Westringia/Grevillea/Lilly Pilly cultivars/varieties, or similar hardy, resilient species that will achieve a minimum height of 1m at maturity, and are amenable to regular pruning so as to form a dense, evergreen screen.

 

c)  Lower growing grass/tufted type plants such as Dianella & Lomandra shall be incorporated as an under-storey wherever possible;

 

d)  Groundcover/spill-over type species shall be provided in the planter fronting Fenton Avenue so as to soften the appearance of this structure on the streetscape;

 

e)  The use of climbers/vines on the proposed acoustic screen shall be investigated and implemented if possible;

 

f)   The planting plan must include a plant schedule which nominates proposed species (botanic and common names), pot size at the time of planting, quantity, location, dimensions at maturity, maintenance practices (hedging, shaping etc), as well as other standard landscape details such as tree planting, garden preparation, mulch/gravel/pebbles, so as to fully describe the proposed works;

 

g)  So as to maximise infiltration, re-charge groundwater supplies and assist with the future growth of plants, any new garden beds must have the existing hard surfacing completely removed, and where possible, the finished level of the car park surface shall be directed towards those gardens at ground level/ grade, with large scale gravel mulch to be used where drainage pits are present in these areas;

 

h)  The proposed central median garden containing the shade trees must have a minimum soil width of 1 metre to allow for future growth and root development;

 

i)   To prevent damage from vehicles; bollards, wheel stops or similar measures must be provided for those car spaces that directly adjoin the central median garden, with details confirming compliance to be provided to the PCA.

 

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

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

 

Building & Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011 & Regulations

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

 

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

 

Removal of Asbestos Materials

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

 

·          Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

 

Details of proposed retaining walls, shoring, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.

 

Support of Adjoining Land

39.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

Sediment & Erosion Control

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

 

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

 

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

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·      Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

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

 

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

 

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

 

c)     All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

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

 

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

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

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

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

 

Notes:

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Site Signage

44.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Traffic Management

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

 

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

 

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

 

Stormwater Drainage

51.     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.

 

52.     Any required dewatering must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

53.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Tree Management

54.     Approval is granted for the removal of all existing vegetation within the area of the proposed works where necessary in order to accommodate the proposal as shown, subject to full implementation of the approved landscaping.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

55.     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.

 

 

Structural Certification

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

 

Noise Control Requirements & Certification

57.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to Council for approval prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the use of the car park, comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council.

 

58.     A plan of management shall be submitted to Council for approval prior to an occupation certificate which details the measures to be implemented to:

 

·           ensure compliance with the relevant conditions of approval,

·           ensure compliance with relevant noise criteria and minimise noise emissions and associated nuisances,

·           minimise the potential environmental and amenity impacts upon nearby residents,

·           effectively minimise and manage anti-social behaviour,

·           effectively manage and respond to resident complaints,

ensure there is an ongoing vermin management program

 

59.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

 

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

 

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

 

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

 

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

 

Service Authorities

Sydney Water Requirements

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

 

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

 

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

 

Stormwater Drainage

63.     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 infiltration systems and the floodplain compensatory storage structure are maintained and that no works which could affect the design function of the infiltration system and storage structure are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

 

Notes:

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

b.  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.

 

64.     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):

 

·      Volume of storage available in any infiltration areas and the floodplain storage structure;

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

·      Details of any infiltration/absorption systems; and

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

 

65.     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.

 

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

 

Landscaping

67.     The PCA must ensure that the landscaping is installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final (or any type of Interim) Occupation Certificate/s, with the owner to ensure that suitable strategies are put in place to maintain the works in a healthy and vigorous state until maturity.

 

20.     That part of the nature-strip 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 applicant’s expense.

 

 

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Fire Safety Statements

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

 

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

 

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

 

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

 

69.     Lighting to the carpark shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area and shall be designed by a suitably qualified lighting consultant and details submitted to the satisfaction of the Council.  The lighting system shall utilise solar panel technology in order to promote ecologically sustainable development and energy efficiency.

 

70.     A closed circuit television system shall be installed to monitor activities within the carpark during the operating hours of the Maroubra Seals’ Club.  Details of location of cameras, operating times and security response to incidents within the carpark shall be submitted to Council for approval.

 

71.     The proposed use of the premises and 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.

 

72.     The operating hours of the carpark shall be restricted to the following:-

 

·        From 10am to 10pm - Monday  to Sunday

 

Stormwater Infiltration  System

73.     The infiltration systems and floodplain compensatory storage structure must be regularly cleaned and maintained to ensure they function as required by the design.

 

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 $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A1      Demolition, building or excavation work must not be commenced until;

 

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

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

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

 

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

 

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

 

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

 

A4      The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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

 

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

 

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

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

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

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

 

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

 

A7      Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

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

 

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

 

A9      The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for any proposed cooling towers and external plant and equipment, if not included in this consent.

 

A10    A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

A11    An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

A12    There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A13    Swimming/spa pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

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

§  before 7.00am or after 8.00pm on any other day.

 

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

 

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

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          4 December 2012

 

 

Development Application Report No. D107/12

 

 

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

Folder No:                   DA/895/2011

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The application is for demolition existing dwelling and construction of a new 4 level dwelling with double garage, swimming pool to rear, landscaping and associated works

 

The application was reported to Council at its Planning Committee Meeting held on 14 August 2012.  At the meeting, it was resolved:

 

(Andrews/Seng) that the application be deferred for mediation between the applicant and the objectors in relation to offloading of equipment, parking of construction vehicles, traffic management and access to the geotechnical report and dilapidation issues.

 

Issues and Mediation Proceedings

 

A mediation session was held on 9 November 2012 between the applicants/owners of the subject site and two objectors from 25 & 29 Liguria Street. During the course of the mediation session, a number of issues were raised by the objecting party relating to traffic management, off loading and storage of building materials during construction, bulk and scale of the building, loss of views, overshadowing and landscaping. At the conclusion of the proceeding:

 

The applicant undertook to consider the following: 

·      Increasing side setback to 2m

·      Reconfiguration of the location of the stairs

·      Set back the upper corner of the dwelling by 1m

·      Reduce the height of the lower floor

·      Submission of a traffic and storage management plan. 

 

Subsequently, the applicant has submitted a letter (prepared by Willana Associates dated and received by Council on 21 November 2012) on behalf of the owners of the subject site indicating agreement to a number of modifications to the development to ameliorate the concerns raised by the neighbouring properties. 

 

The changes are summarised as follows: -

 

·      The provision of landscaping along the western boundary - The applicant agrees to the inclusion of a condition that requires the provision of a one (1) metre landscaped strip along the south western boundary of the property between the proposed pool and the boundary.

 

·      A reduction in the roof terrace area - The roof terrace be reduced in length by shortening the southern edge by one and a half (1.5) metres. The balustrade around the terrace is to be reduced an equal distance to ensure the roof area remains non-trafficable.

 

·      Height reduction - The height cannot easily be reduced. The architect advises the building was lowered to all practical extents to preserve views to 25 Liguria Street and any additional reduction would have more significant consequences in terms of excavation and driveway grades.

 

·      Wall Height - The proposed wall/balustrade to the external rear stairs having a maximum height of RL 27.50 (1.2 metres above terrace level). The applicants consent to have this annotated on the approved plans to overcome neighbour concerns

 

·      Shared Access Way - The construction management plan is to include a condition that in the event that loading or unloading of material is to take place such that the driveway to 29 Liguria Street is to be “blocked” then 24 hours notice of intended event is to be provided to the owner/occupiers of 29 Liguria Street.

 

·      Dilapidation report - A condition has already been imposed regarding the preparation of a dilapidation report and the applicant supports this.

 

·      Provision of Survey Material - The applicant is to provide the certifier with a surveyor’s confirmation for each level of the proposed building, prior to pouring the slab for each floor, that the floor as proposed will be constructed in accordance with the approved levels.

 

·      Stormwater - Whilst this matter was raised at the mediation, it is a matter that that Council is able to address by way of appropriate conditions of consent. The applicant believes no further action is required as the subject site has an existing drainage situation that will be improved by development of the land.

 

·      An additional matter raised in the letter (which has not been resolved) concerns the request to reduce the length of bedroom 1 at the first floor level. The applicant believes this is unlikely to be supported by the owner of the subject site. However, discussions are currently taking place regarding the potential for the removal of the proposed fin wall at the western end of the balcony for bedroom 1. The applicant has requested that Council proceed with the reporting of the subject development application and that the applicant will advise Council separately on the removal of this wall.

 

Accordingly, the application, as amended by the items agreed upon in the mediation proceedings, has been subject to a detailed merit based assessment against the relevant planning controls and corresponding objectives as outlined in the RLEP 1998 (Consolidation) and DCP – Dwelling Houses and Attached Dual Occupancies and deemed to be acceptable in the context of the site and surrounding foreshore area.

 

It is considered that the proposed dwelling, as amended, will not result in significant adverse amenity or visual impacts on the area. The development complies with the objectives and performance requirements of the DCP and is considered to be satisfactory.

 

It is noted that the conditions of consent have also been amended to reflect the changes outlined within this report.

 

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

 

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

 

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

 

Recommendation

 

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

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev.

Drawn by

Stamped

DA1.01

B

Manolev Associates Pty

03 July 2012

DA1.02

A

Manolev Associates Pty

24 November 2011

DA1.03

B

Manolev Associates Pty

03 July 2012

DA1.04

B

Manolev Associates Pty

03 July 2012

DA1.05

B

Manolev Associates Pty

03 July 2012

DA1.06

B

Manolev Associates Pty

03 July 2012

DA1.07

B

Manolev Associates Pty

03 July 2012

External Finishes Sample Board

Manolev Associates Pty

03 July 2012

 

BASIX Certificate

No.

Dated

27 Liguria Street

394635S

02 December 2011

 

Amendment of Plans & Documentation

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

 

a)     A landscaped strip with a minimum with of 1m shall be provided along the western edge of the proposed pool to the rear of the subject site (between the pool and the western boundary of the site). Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

 

b)     The pedestrian path that has been proposed between the existing public stairs and the Liguria Street kerb, running parallel to the eastern edge of the vehicle crossing at 25 Liguria Street must be deleted from all plans. Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

 

c)     The roof terrace shall be reduced in depth by 1.5m at the southern/rear edge. The balustrade around this terrace shall also be reduced by a corresponding 1.5m to ensure the roof area remains non-trafficable. Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

 

d)     The proposed wall/balustrade to the external rear staircase shall have a height of RL 27.50 (1.2 metres above the finished terrace level). Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

 

Section 94A Development Contributions

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

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $7000.00    -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

 

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

 

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

 

Design Alignment levels

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

 

Driveway Entrance:

Western Edge – RL 24.57

Eastern Edge – RL 24.47

 

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

     

16.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $519.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

Pedestrian Entrance Design

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

 

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

 

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

 

Retaining Wall Dilapidation Report

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

 

 

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

 

Sydney Water

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

 

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

 

Stormwater Drainage

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

 

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

 

24.     Stormwater runoff shall be discharged either:

 

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

b)       a pump out system.

 

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

 

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

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

 

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

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

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

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

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

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

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

·        A sign adjacent to this pit stating that:

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

 

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

 

Note: The plans are also to show the required sediment/silt arrester pit at the front boundary draining into the new Council single grated gully pit.

 

29.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement garage and/or similar structures are to be suitably tanked and/or waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking and/or waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:

a)   Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

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

 

30.     Seepage water must not be collected and discharged from the site

 

Protection of Council’s Street Tree

31.     In order to ensure retention of the mature Banksia integrifolia (Coastal Banksia, tree) located within Council’s public verge in front of the site in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

b.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within this public area, with all Site Management Plans needing to acknowledge this requirement.

 

c.       Should any part of the retaining wall along the southern edge of this garden area that adjoins the internal driveway need to be demolished, repaired or similar during the course of works, temporary shoring of the exposed soil profile must be provided in order to prevent de-stabilising of this raised area and potential failure of the tree.

 

d.       A refundable deposit in the form of cash, credit card or cheque for an amount of $1000.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree and surrounding garden area.

 

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

 

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

 

Protection of neighbours trees

32.     In order to also ensure retention of the two neighbouring trees, being a Callistemon viminalis (Weeping Bottlebrush) located beyond the eastern boundary, within the adjoining property at 29 Liguria Street, as well as the Banksia integrifolia (Coastal Banksia) located beyond the southern site boundary, within 1B Mermaid Avenue in good health, the following measures are to be undertaken:

 

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

 

b.       Any roots encountered during the course of the approved works must be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

c.       In order to prevent soil/sediment being washed towards these two neighbouring trees, and over their root systems, erosion control measures shall be provided along the common boundaries adjacent their trunks, with all Site Management Plans needing to recognise the fact that material storage cannot be located within or adjacent to their driplines/canopies.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

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

 

Construction Site Management

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

NOTE: The construction management plan shall incorporate a clause stipulating that in the event loading or unloading of material will impinge upon the access of the driveway at No. 29 Liguria Street, a minimum of 24 hours written notice of the intended event must be provided to the owner/occupiers of 29 Liguria Street.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·        Details of hazardous materials (including asbestos)

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

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

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

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

·        Other relevant details, measures and requirements to be implemented

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

Sydney Water

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

 

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

 

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

 

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

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Construction Site Traffic Management Plan

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

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person, be submitted to Council at least 4-6 weeks prior to commencement of works and must include the following details, to the satisfaction of Council:

 

·        A description of the demolition, excavation and construction works

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

·        Any proposed road and/or footpath closures

·        Proposed site access locations for personnel, deliveries and materials

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

·        Provision for loading and unloading of goods and materials

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

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

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

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

·        Measures to maintain public safety and convenience

       

The Construction Site Traffic Management Plan must prohibit any construction vehicles from blocking the shared vehicle access way that serves the subject site and No. 29 Liguria Street.

 

Public Utilities

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

 

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

 

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

 

Landscaping of public verge

44.     Should the applicant elect to upgrade the overgrown verge in front of the site as part of this application, as has been shown on the approved Landscape Plan, Council would be supportive; however, this would be wholly at the applicant’s cost, and prior to commencing any works on public property, the applicant would need to submit a Concept Landscape Plan that includes the following requirements in the scope of works:

 

·      Removal of the invasive Lantana and those other introduced plants and shrubs that are deemed undesirable by Council;

·      Retention of the two established native trees, being a Banksia integrifolia (Coastal Banksia) and Eucalyptus robusta (Swamp Mahogany);

·      Weed suppression and bank stabilisation including mulch/weed mat and similar;

·      Any new planting must use low growing, low maintenance native species that can withstand the coastal environment, with a planting plan and schedule to be provided.

 

45.     The applicant must comply with Council’s requirements, and can contact Council’s Landscape Development Officer (9399-0613) to discuss should further information be required, with these works to be completed in accordance with the approved Concept Landscape Plan, to Council’s satisfaction, prior to the PCA issuing a Final Occupation Certificate.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

 

Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·            Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

53.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Survey Requirements

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

 

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

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

·        as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Site Amenities

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

 

Road/Asset Opening Permit

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

 

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

 

Tree Removals

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

 

Pruning of Street Tree

61.     Due to the steep grade of the existing vehicle access and the restricted area for vehicle movements, at least 4 weeks prior to the commencement of any site works, the applicant must undertake a site assessment to determine access requirements for site machinery and the delivery of materials and similar.

 

62.     Should this inspection reveal that it will be necessary to prune the Banksia integrifolia (Coastal Banksia) growing on Council’s public verge in front of the site in order to either avoid damage to this tree or to assist with construction, the applicant must contact Council’s Landscape Development Officer on 9399-0613, so that a determination can be made on the extent and location of pruning allowable.

 

63.     If pruning is required, it shall only be performed by Council or Council’s authorised agents, and will be wholly at the applicant’s cost, with the required fee to be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to the issue of a Final Occupation Certificate.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·        Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

67.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Spa Pool Safety

68.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

69.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

a)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

b)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

c)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

70.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)  Extend the Council stormwater drainage line from the existing single grated gully pit outside No 29 Liguria St to in front of the driveway of No 27 Liguria St including the construction of a new single grated gully pit.

b)  Construct a new footpath with steps servicing the pedestrian entrance at the western end of the site including associated works, such as handrails, retaining walls etc. The footpath/steps on Council’s nature strip are to be a minimum 1.00m wide.

 

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

 

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

 

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

 

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.

 

74.     Any damage sustained to the garden bed on public land in front of the site shall be re-instated to Council’s satisfaction, wholly at the applicant’s costs, prior to the issue of a Final Occupation Certificate.

 

75.     Prior to the issuing of an Occupation Certificate the applicant is to have obtained in writing from Council that Council is satisfied with the condition of the Council sandstone retaining wall.

 

Stormwater Drainage

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

 

Landscaping

77.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by RFA Landscape Architects, drawing number L-01, project number 3055a, and dated 28/10/11, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

OPERATIONAL CONDITIONS

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

 

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

 

 

External Lighting

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

 

Use of premises

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

 

Street Numbering

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

 

Waste Management

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

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

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

 

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

 

Pool Plant & Equipment

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

 

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

·       before 7.00am or after 8.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

 

Air Conditioning & Equipment

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

 

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

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

 

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

1.View

DCP Report on 14 August 2012

 

 

 

 


DCP Report on 14 August 2012

Attachment 1

 

 

 

Development Application Report No. D78/12

 

 

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

Folder No:                   DA/895/2011

Author:                   Alex Van Son, Senior Environmental Planner     

 

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

Ward:                      Central Ward

Applicant:                Mrs L Zinovyev

Owner:                         Mrs L Zinovyev

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.        Executive Summary

 

The subject development application has been referred to the Planning Committee at the request of Councillors Andrews, Matthews and Seng.

 

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

 

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

 

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

 

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

 

2.        Site Description

 

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

 

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

 

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

 

Existing dwelling viewed from Liguria Street.

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

Shared vehicle access way.

Existing dwelling and No. 29 Liguria Street.

 

2.1      Development Context and Recent Approvals

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

 

Address

DA Number

Approved Works

34 Liguria Street

DA/914/1999

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

 

36 Liguria Street

DA/1054/2003, DA/910/2005

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

16 Seaside Parade

DA/251/2007

Demolition of existing dwelling and of new three level dwelling.

39 Liguria Street

DA/6/2002

New part three part four storey dwelling.

23 Liguria Street

DA875/2004

Construction of a part two part five storey dwelling. 

3.        Proposal

 

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

 

 

Photomontage and streetscape elevation of proposed development.

 

4.        Submissions

 

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

 

No. 29 Liguria Street:

 

Issues Raised in Submission

Comment

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

 

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

 

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

 

A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works. The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Ausgrid, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, where works may affect structures on adjoining sites. The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Furthermore, in accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times. All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

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

 

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

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

 

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

 

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

 

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

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

 

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

 

 

 

 

No. 25 Liguria Street:

 

Issues Raised in Submission

Comment

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

 

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

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

 

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

Overshadowing: Non-compliance with DCP in relation to overshadowing

 

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

 

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

 

See comments in relation to view loss, below.

PO Box 55, Maroubra 2035:

 

Issues Raised in Submission

Comment

No objection to the development based on the following details:

 

Setback from rear boundary:

G Level: 15m

Level 1: 19m plus 4m balcony

Level 2: 19m plus 1.5m balcony

Level 3: 26m plus 5.5m balcony

 

See DCP Dwelling Houses and Attached Dual Occupancies rear setback:

 

Setback from rear boundary:

Basement: 15.2m

Ground: 19.5m plus 4.8m balcony

First: 19.5m plus 1.2m balcony

Second: 26.2m plus 5.5m balcony

 

 

5.        Key Issues:

 

View Loss Assessment

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

 

Affected Property

·      Assessment of views to be affected

·      Part of property where views are obtained

·      Extent of the impact

No. 25 Liguria Street.

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

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

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

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

 

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

 

 

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

1st Floor Level

 

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

 

2nd Floor Level

 

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

 

Reasonable-ness of the Proposal

 

The fourth step of an assessment of the proposal against the Principles of View Sharing established by the Court in Tenacity Consulting v Warringah [2004] NSWLEC 140 is to consider the reasonableness of the proposal within the context of the relevant planning controls, in this instance, the DCP: Dwelling Houses and Attached Dual Occupancies. A detailed assessment against this policy control is provided within the body of this report. Overall, the proposed development is considered to satisfy the relevant objectives and performance requirements of the DCP.

 

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

 

 

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

 

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

 

 

 

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

 

 

6.    Engineering Comments

 

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

 

Landscape Comments

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Drainage Comments

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

 

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

 

OR

 

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

 

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

 

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

 

7.    Environmental Planning and Assessment Act 1997

 

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

 

·      Environmental Planning and Assessment Act 1997

·      Randwick Local Environmental Plan 1998 (Consolidation)

·      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

·      Development Control Plan: Dwelling Houses and Attached Dual Occupancies

 

In relation to Section 79C(1)(b) (The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality, the environmental impacts of the proposed development on the natural and built environment) the proposed development is consistent with the dominant residential character in the locality and is not considered to result in detrimental social or economic impacts on the locality. Impacts such as view loss, overshadowing, privacy, visual bulk and streetscape amenity have been addressed within the body of this report.

 

8.    Randwick Local Environmental Plan 1998 (Consolidation)

 

8.1      Clause 10: Residential A Zone Objectives

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

 

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

 

8.2      Clause 29: Foreshore Scenic Protection Area

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

 

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

 

8.3      Clause 40: Earthworks

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

 

Objectives

Comment

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

 

 

 

9.        Draft Randwick Local Environmental Plan 2012 (Draft LEP)

 

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

R2 – Low Density Residential

 

Is development permitted under zoning?

Dwelling Houses are permitted within the Zone.

Part 3- part 4 level detached residential dwelling

Yes

Floor Space Ratio (Maximum)

0.65:1

0.73:1

No

Height of Building (Maximum)

9.5m

12m

No

Lot Size (Minimum)

Not applicable to existing single dwelling houses.

 

 

N/A

Earthworks

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

 

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

Scenic Protection.

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

See above.

 

Yes.

 

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

 

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

 

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

 

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

 

Objectives

Comment

3.1 Solar Access and Energy Efficiency

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

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

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

·    To encourage the use of passive solar design;

·    To protect solar access enjoyed by neighbours.

 

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

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

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

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

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

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

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

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

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

 

3.2 Water Management

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

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

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

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

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

 

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

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

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

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

 

4.1 Landscaping and Open Space

·    To retain and enhance existing significant trees and vegetation;

·    To provide dwellings with useable outdoor recreation space;

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

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

 

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

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

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

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

4.2 Floor Area

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

 

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

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

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

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

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

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

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

4.3 Height, Form and Materials

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

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

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

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

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

 

The maximum height of development within the site will increase by 1.15m from RL33.9 (ridge of existing dwelling) to RL35.05 (proposed dwelling).  The maximum external wall height of the proposed dwelling is 12m and occurs at the south eastern corner. Excavation is proposed to a maximum depth of 3m. Notwithstanding, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to height form and materials for the following reasons:

·    The topography of the site has been heavily modified to accommodate a level building platform for the existing dwelling house. As a result, the existing building platform sits below what is expected to have been the original ground level of the site. A large retaining wall, reaching 3.5m is located on the western boundary of the site. The height of the proposed dwelling is considered to relate to the natural topography and fall of the site.

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

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

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

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

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

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

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

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

4.4 Building Setbacks

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

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

·    To maintain and enhance establish trees and vegetation

 

Front setback:

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

Side setbacks:

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

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

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

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

Rear setback:

·    Basement: 15.2m

·    Ground: 19.5m

·    First: 19.5m

·    Second: 26.2m

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

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

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

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

4.5 Visual and Acoustic Privacy

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

 

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

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

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

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

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

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

 

4.6 Safety and Security

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

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

 

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

 

4.7 Garages and Carports

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

·    To provide convenient and safe car parking

 

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

4.8 Fences

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

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

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

 

No new fencing is proposed at the street boundary. 

 

12. Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

more than $200,000

$1,457,574.00

1%

$14,575.74

 

13.      Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

Refer to table above.

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

The proposal satisfies the objectives and performance requirements of the DCP Dwelling Houses and Attached Dual Occupancies as discussed in the body of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

 

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

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

 

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

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

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

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

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

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 Excellence in urban design and development.

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

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

 

 

Conclusion

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

 

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

 

Recommendation

 

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

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev.

Drawn by

Stamped

DA1.01

B

Manolev Associates Pty

03 July 2012

DA1.02

A

Manolev Associates Pty

24 November 2011

DA1.03

B

Manolev Associates Pty

03 July 2012

DA1.04

B

Manolev Associates Pty

03 July 2012

DA1.05

B

Manolev Associates Pty

03 July 2012

DA1.06

B

Manolev Associates Pty

03 July 2012

DA1.07

B

Manolev Associates Pty

03 July 2012

External Finishes Sample Board

Manolev Associates Pty

03 July 2012

 

BASIX Certificate

No.

Dated

27 Liguria Street

394635S

02 December 2011

 

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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


 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

Section 94A Development Contributions

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

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $7000.00    -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

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

 

9.       A report must be obtained from a suitably qualified and experienced professional engineer which details the proposed methods of excavation and support for the adjoining land (including any public place) and buildings, to the satisfaction of the Certifying Authority prior to the issue of construction certificate.

 

The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

10.     A report must be obtained from a suitably qualified and experienced professional engineer and be submitted to the Certifying Authority, if it is proposed to install any driven type piles/shoring or excavate within rock. The report must demonstrate that the proposed methods of excavation and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place as a result of the works and any associated vibration, to the satisfaction of the Certifying Authority prior to the issue of construction certificate.

 

11.     Written approval must be obtained from the owners of the land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority prior to the issue of construction certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

12.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

13.     Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) and smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

14.     In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

Design Alignment levels

15.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

Driveway Entrance:

Western Edge – RL 24.57

Eastern Edge – RL 24.47

 

The design alignment levels at the property boundary as issued by Council must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

    

16.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $519.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

17.     The gradient of the internal access driveway must not exceed a grade of 1:8. Details of compliance are to be included in the plans submitted for the Construction Certificate.

 

Pedestrian Entrance Design

18.     The pedestrian path that has been proposed between the existing public stairs and the Liguria Street kerb, running parallel to the eastern edge of the vehicle crossing at 25 Liguria Street, is not necessary, and must be deleted from all plans.

 

19.     Prior to the issuing of a Construction Certificate the applicant is to amend the step design so as to reduce/minimize stormwater runoff from the steps on Council property directly into the property at the pedestrian entrance.

 

Note: The step design must comply with the Building Code of Australia & AS 1657-1992. Any handrails are also to demonstrate compliance with the relevant Australian Standard.

 

Retaining Wall Dilapidation Report

20.     Prior to the issuing of a Construction Certificate the applicant is to submit a detailed dilapidation report with photos regarding the sandstone retaining wall on the northern side of the Council driveway servicing the property and the shared vehicle access way in their entirety. The applicant/owner will meet the cost of any repairs required by Council to the retaining wall which may be caused by the demolition/building process of the new dwelling.

 

21.     Prior to the issuing of a Construction Certificate the applicant is to submit a detailed dilapidation report with photos regarding the boundary wall between No. 27 and No. 29 Liguria Street.

 

Sydney Water

22.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

         Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

Stormwater Drainage

23.     Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

24.     Stormwater runoff shall be discharged either:

 

a)   Through the use of a charged system and/or

b)       a pump out system.

 

25.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

26.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

27.     All site stormwater which is discharged discharged from the site, must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:-

·        The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

·        The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·        A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·        A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

·        A child proof and corrosion resistant fastening system for the access grate (spring loaded j-bolts or similar).

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·        A sign adjacent to this pit stating that:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

28.     Prior to the issuing of a Construction certificate the submitted drainage plans by Rafeletos Zanuttini (Job No 44096 PC - Sheet 1) shall be amended to show a Council stormwater drainage line being extend west from the existing single grated gully pit, located outside No 29 Liguria St, to in front of the driveway entrance of No 27 Liguria St with construction of a new single grated gully pit.

 

Note: The plans are also to show the required sediment/silt arrester pit at the front boundary draining into the new Council single grated gully pit.

 

29.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement garage and/or similar structures are to be suitably tanked and/or waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking and/or waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:

a)   Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)   Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

30.     Seepage water must not be collected and discharged from the site

 

Protection of Council’s Street Tree

31.     In order to ensure retention of the mature Banksia integrifolia (Coastal Banksia, tree) located within Council’s public verge in front of the site in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

b.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within this public area, with all Site Management Plans needing to acknowledge this requirement.

 

c.       Should any part of the retaining wall along the southern edge of this garden area that adjoins the internal driveway need to be demolished, repaired or similar during the course of works, temporary shoring of the exposed soil profile must be provided in order to prevent de-stabilising of this raised area and potential failure of the tree.

 

d.       A refundable deposit in the form of cash, credit card or cheque for an amount of $1000.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree and surrounding garden area.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree or area at any time during the course of the works, or prior to the issue of a Final Occupation Certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

Protection of neighbours trees

32.     In order to also ensure retention of the two neighbouring trees, being a Callistemon viminalis (Weeping Bottlebrush) located beyond the eastern boundary, within the adjoining property at 29 Liguria Street, as well as the Banksia integrifolia (Coastal Banksia) located beyond the southern site boundary, within 1B Mermaid Avenue in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show their retention, with the position and diameter of their trunks and canopies to be clearly shown on all drawings.

 

b.       Any roots encountered during the course of the approved works must be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

c.       In order to prevent soil/sediment being washed towards these two neighbouring trees, and over their root systems, erosion control measures shall be provided along the common boundaries adjacent their trunks, with all Site Management Plans needing to recognise the fact that material storage cannot be located within or adjacent to their driplines/canopies.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

33.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

Home Building Act 1989

34.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

35.     A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

·        excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·        new dwellings or additions to dwellings sited up to shared property boundaries (e.g.  additions to a semi-detached dwelling or terraced dwellings),

·        excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·        as otherwise may be required by the Principal Certifying Authority.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Noise & Vibration Management Plan

36.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Temporary Site Fencing

37.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). 

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management

38.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing/hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition Work Plan

39.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must include the following information (as applicable):

·        The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·        Details of hazardous materials (including asbestos)

·        Method/s of demolition (including removal of any asbestos)

·        Measures and processes to be implemented to ensure the health & safety of workers and community

·        Measures to be implemented to minimise any airborne dust and asbestos

·        Methods and location of disposal of any hazardous materials (including asbestos)

·        Other relevant details, measures and requirements to be implemented

·        Date the demolition works will commence

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Sydney Water

40.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Demolition & Construction Waste

41.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Construction Site Traffic Management Plan

42.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to commencement of any site work.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person, be submitted to Council at least 4-6 weeks prior to commencement of works and must include the following details, to the satisfaction of Council:

·        A description of the demolition, excavation and construction works

·        A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·        Any proposed road and/or footpath closures

·        Proposed site access locations for personnel, deliveries and materials

·        Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·        Provision for loading and unloading of goods and materials

·        Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·        Proposed hours of construction related activities and vehicular movements to and from the site

·        Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·        Any activities proposed to be located or impact upon Council’s road, footways or any public place

·        Measures to maintain public safety and convenience

       

The Construction Site Traffic Management Plan must prohibit any construction vehicles from blocking the shared vehicle access way that serves the subject site and No. 29 Liguria Street.

 

Public Utilities

43.     A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the Principal Certifying Authority prior to the commencement of any works.

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Ausgrid, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

Landscaping of public verge

44.     Should the applicant elect to upgrade the overgrown verge in front of the site as part of this application, as has been shown on the approved Landscape Plan, Council would be supportive; however, this would be wholly at the applicant’s cost, and prior to commencing any works on public property, the applicant would need to submit a Concept Landscape Plan that includes the following requirements in the scope of works:

 

·      Removal of the invasive Lantana and those other introduced plants and shrubs that are deemed undesirable by Council;

·      Retention of the two established native trees, being a Banksia integrifolia (Coastal Banksia) and Eucalyptus robusta (Swamp Mahogany);

·      Weed suppression and bank stabilisation including mulch/weed mat and similar;

·      Any new planting must use low growing, low maintenance native species that can withstand the coastal environment, with a planting plan and schedule to be provided.

 

45.     The applicant must comply with Council’s requirements, and can contact Council’s Landscape Development Officer (9399-0613) to discuss should further information be required, with these works to be completed in accordance with the approved Concept Landscape Plan, to Council’s satisfaction, prior to the PCA issuing a Final Occupation Certificate.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

46.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

47.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·           name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·           name, address and telephone number of the Principal Certifying Authority,

·           a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

48.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

49.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

·           Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

·           WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant Office of Environment & Heritage / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·           Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

Removal of Asbestos Materials

50.     Work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·            Randwick City Council’s Asbestos Policy

 

·        A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·        On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·        Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·        A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

51.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and a copy must be maintained on site and be made available to Council officers upon request.

 

Public Safety & Site Management

52.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·        Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·        The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·        Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·        Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·        Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

53.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

54.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

55.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·        when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·        when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·        when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Survey Requirements

56.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·        prior to construction (pouring of concrete) of the footings or first completed floor slab,

·        upon completion of the building, prior to issuing an occupation certificate,

·        as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

57.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Site Amenities

58.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

Road/Asset Opening Permit

59.     A Road/Asset Opening Permit must be obtained from Council prior to commencing any excavations or works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Tree Removals

60.     Approval is granted for removal of all existing vegetation within the site due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscape plan.

 

Pruning of Street Tree

61.     Due to the steep grade of the existing vehicle access and the restricted area for vehicle movements, at least 4 weeks prior to the commencement of any site works, the applicant must undertake a site assessment to determine access requirements for site machinery and the delivery of materials and similar.

 

62.     Should this inspection reveal that it will be necessary to prune the Banksia integrifolia (Coastal Banksia) growing on Council’s public verge in front of the site in order to either avoid damage to this tree or to assist with construction, the applicant must contact Council’s Landscape Development Officer on 9399-0613, so that a determination can be made on the extent and location of pruning allowable.

 

63.     If pruning is required, it shall only be performed by Council or Council’s authorised agents, and will be wholly at the applicant’s cost, with the required fee to be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to the issue of a Final Occupation Certificate.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

64.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

BASIX Requirements

65.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

66.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·        The window having a minimum sill height of 1.5m above the internal floor level,

·        Providing a window locking device at least 1.5m above the internal floor level,

·        Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·        Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·        Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

Swimming Pool Safety

67.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

Spa Pool Safety

68.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

69.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

a)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

b)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

c)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

70.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

71.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

a)  Extend the Council stormwater drainage line from the existing single grated gully pit outside No 29 Liguria St to in front of the driveway of No 27 Liguria St including the construction of a new single grated gully pit.

b)  Construct a new footpath with steps servicing the pedestrian entrance at the western end of the site including associated works, such as handrails, retaining walls etc. The footpath/steps on Council’s nature strip are to be a minimum 1.00m wide.

 

72.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

73.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

a)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

b)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

c)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

74.     Any damage sustained to the garden bed on public land in front of the site shall be re-instated to Council’s satisfaction, wholly at the applicant’s costs, prior to the issue of a Final Occupation Certificate.

 

75.     Prior to the issuing of an Occupation Certificate the applicant is to have obtained in writing from Council that Council is satisfied with the condition of the Council sandstone retaining wall.

 

Stormwater Drainage

76.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

Landscaping

77.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by RFA Landscape Architects, drawing number L-01, project number 3055a, and dated 28/10/11, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

78.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Use of premises

79.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

Street Numbering

80.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

81.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

82.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

Pool Plant & Equipment

83.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 8.00pm on any Sunday or public holiday; or

·       before 7.00am or after 8.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

84.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

Air Conditioning & Equipment

85.     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

86.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

Rainwater Tank Requirements

87.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

a)     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)     Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)     The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                          4 December 2012

 

 

Development Application Report No. D108/12

 

 

Subject:                  148-158 Anzac Parade, Kensington (DA/689/2011)

Folder No:                   DA/689/2011

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

The development application involves demolition of existing structures and construction of a 7-storey mixed use building comprising 1 commercial suite on ground level; 45 self-contained boarding rooms, 1 caretaker’s flat and communal areas on the storeys above; and basement parking for 9 cars, 10 motorcycles and 10 bicycles.

 

The application was recommended for refusal and reported to Council at its meeting held on 24 April 2012. At the meeting it was resolved:

 

“(Hughes/White) that this application be deferred to allow for the consideration of amended plans by Council officers and that the applicant meet any additional costs incurred by council”

 

2.      Issues

 

2.1    The Amended Proposal

Following a site meeting between Council officers and the applicant in June 2012, the applicant has submitted amended plans to address the reasons for refusal and these changes include the following:

 

§ Provision of a flood gate to address flooding concerns in the basement. The applicant advises that it is not possible to achieve the recommended flood clearance level of RL 27.3 at the entry level to the basement car park due to the constraints of the subject site.

 

§ Provision of a minimum setback of 1.59m from the northern boundary (compared with the original 3.5m setback) following verification on-site with council officers that the adjoining Coptic Church is setback further from its northern boundary than that depicted in the DCP – Kensington Town Centre.

 

§ Re-orientation of units to face west towards Anzac Parade with associated fenestrations facing Anzac Parade.

 

§ Reconfiguration of the storey height by making the seventh storey a mezzanine level.

 

2.2    Assessment of Amended Proposal

 

2.2.1          Storm water and flood gate

Council’s drainage engineer advises that the provision of a floor gate to protect against flood events is not acceptable as the proposal provides no details and assurance of the effectiveness of this device in mitigating against flood events. Additionally, no details of flood operation and maintenance of the flood gates has been provided. The use of flood gates to provide full protection against flood events is not support under Council’s storm water policy.

 

2.2.2          Height, bulk and scale

The amended SEE refers to the maximum height as being 6 storeys plus mezzanine. However, the proposal is in effect 7 storeys in height (which is the same as the original refused proposal) in that the mezzanine level is not contained within a roof form that has the appearance of a roof but rather in a level that reads, in elevation, as an additional storey and as an extension of the vertical façade of the floors below. As such the upper levels of the amended proposal does not present as a roof form to reduce the bulk and scale to the building to Anzac Parade and adjoining properties. An amended SEPP 1 Objection for the height variation has been provided. An assessment of this SEPP 1 Objection indicates that the original SEPP 1 assessment in the original report recommending refusal remains valid and applicable to the current proposal. Among other things, the following assessment in the original report, reiterated and applied to the current SEPP 1 Objection:

 

Section 4.6.9(a) of the DCP – Kensington Town Centre provides that habitable roof spaces connected to the storey below by internal stairs could be a viable design option in so far as they are designed within an interesting roof form and are not configured as an additional storey. Specifically, the key objective of the control is to ensure that “habitable roof spaces are a result of roof forms rather than ‘pseudo’ storeys”. … Based on the control provisions, the floor space in the extra (sixth) level should have been contained within the roof form. The roof structures would need to be appropriately designed to enhance the architectural character of the building. The floor plate for the top (sixth) level should also be substantially reduced so that it does not form a ‘pseudo’ storey. The floor space should be configured to provide additional rooms directly connected to the storey below, so that larger split-level dwelling units could be created.

 

The proposal breaches the performance criteria of the DCP by providing a full standard storey under a continuous flat roof with nil setbacks from the external wall alignments below. … The submitted SEPP 1 Objection does not properly address the key objectives and performance criteria of the DCP that underlie the building height standard, and fails to present convincing reasons to justify the significant deviation from the control. Accordingly, the Objection is not considered to be well founded and is not supported. “

 

2.2.3          Articulation and external treatment

The articulation and materials to the amended elevations do not relate to streetscape and, in particular, the adjoining contributory items to the north as identified under the DCP – Kensington Town Centre. The Anzac Parade elevation contains a heavy frame element surrounding vertical louvres on the balconies of Levels 1, 2 and 3 with no details of colours, materials and finishes. This articulation and external treatment is not acceptable as façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of horizontal architectural elements. Additionally, the drawings do not clearly show whether the louvres on the west facing balconies to the residential levels are operable. A more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression, colours and tone of the Contributory Buildings as required in the original report recommending refusal. The mass and scale of the amended proposal also fails to relate suitably with the built form of the adjoining Coptic Church.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:      Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The form, height and articulation of the amended development are considered to result in detrimental impacts to the streetscape in that the amended proposal fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north and the Coptic Church to the east, and fails to provide a design and configuration to the upper mezzanine level to reduce the bulk and scale to the building to Anzac Parade and adjoining properties.

 

The amended SEPP 1 Objection for building height (that is, maximum number of storeys) has not appropriately 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 not adequately and convincingly 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 not well founded.

 

Additionally, the use of flood gates to address flooding issues in the proposed basement is not supported such that the original reason for refusal relating to flooding remains valid and appropriate.

 

In view of the above, it is recommended that DA/689/2011 be refused in accordance with the reasons of refusal listed in the original report to Council.

 

Recommendation

 

That Council, as the consent authority, refuses consent to Development Application No. 689/2011 for demolition of existing structures and construction of a 7-storey mixed use building comprising 1 commercial suite on ground level; 45 self-contained boarding rooms, 1 caretaker’s flat and communal areas on the storeys above; and basement parking for 9 cars, 10 motorcycles and 10 bicycles, at No. 148-158 Anzac Parade, Kensington, pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, for the following reasons:

 

1.     The proposed development does not satisfy the objectives for Zone No. 3B under Clauses 14(1)(b) and (d) of Randwick Local Environmental Plan 1998 (Consolidation), in that the proposal has not provided adequate off-street car parking to support the boarding house and commercial uses, and that the privacy and amenity of any future development on the adjoining site to the north will be detrimentally compromised.

 

2.     The proposal does not satisfy the objectives for Kensington Town Centre under Clauses 42C(2)(a), (d), (g), (h), (j), (k) and (l) of Randwick Local Environmental Plan 1998 (Consolidation) due to the incompatible built form relationship with the adjoining premises, the potential amenity impacts upon the adjoining properties, the lack of provision for equitable access, the inadequate parking provision and layout, the lack of appropriate sun protection measures and the inadequate design response to identified Contributory Buildings and the Town Centre precinct.

 

3.     The proposal does not comply with the maximum development height provisions under Sections 4.2.4 and 4.3.3 of Development Control Plan - Kensington Town Centre, Clause 42C(4) of Randwick Local Environmental Plan 1998 (Consolidation) and Clause 29(2)(a) of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

4.     The proposal does not comply with the maximum number of storeys provisions under Section 4.2.4 of Development Control Plan – Kensington Town Centre, Clause 42C(4) of Randwick Local Environmental Plan 1998 (Consolidation) and Clause 29(2)(a) of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

5.     The proposal does not comply with the private open space and parking provisions under Clause 29(2)(d) and (e) respectively of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

6.     The proposed motorcycle parking spaces as shown in the drawings do not demonstrate compliance with Australian Standard 2890 series. Based on the current information, it cannot be established that the proposal is capable of complying with Clause 30(1)(h) of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

7.     The proposal does not satisfy the provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development in terms of the design principles relating to context, scale, built form, density, energy efficiency, landscape, amenity, social dimensions and aesthetics.

 

8.     The proposal does not comply with the site specific controls for Block 03 stipulated under Section 4.3.3 of Development Control Plan – Kensington Town Centre.

 

9.     The proposal does not comply with the control provisions under Part 4 of Development Control Plan – Kensington Town Centre relating to Contributory Buildings, accessibility, on-site parking, active frontages, façade composition and articulation, materials and finishes, habitable roof space, solar access, visual privacy, apartment layout and private open space.

 

10.    The proposed tandem parking arrangement will not enable car spaces to be accessed independently by residents and will become highly problematic in terms of their use and management. In addition, the car space dimensions do not satisfy the requirements of Australian Standard 2890 series. Accordingly, the proposal does not comply with the provisions of Development Control Plan – Parking. 

 

11.    The proposal has not incorporated adequate flood mitigation measures including the raising of the floor levels, driveway entry and emergency exits, which will render the development susceptible to flooding and safety problems. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

 

12.    The proposal has not provided appropriate waste storage facilities for the ground floor commercial suite. Accordingly, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

 

13.    The proposal is not within public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979

 

Attachment/s:

 

1.View

PCM Report - 148-158 Anzac Parade, KENSINGTON on 24 April 2012

 

 

 

 


PCM Report - 148-158 Anzac Parade, KENSINGTON on 24 April 2012

Attachment 1

 

 

 

Director City Planning Report No. CP23/12

 

 

Subject:                  148-158 Anzac Parade, Kensington (DA/689/2011)

Folder No:                   DA/689/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures and construction of a 7-storey mixed use building comprising 1 commercial suite on ground level; 45 self-contained boarding rooms, 1 caretaker’s flat and communal areas on the storeys above; and basement parking for 9 cars, 10 motorcycles and 10 bicycles.

Ward:                      West Ward

Applicant:                Cracknell & Lonergan Architects Pty. Ltd.

Owner:                         NMRP Pty. Ltd.

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Ordinary Council Meeting as it involves variation to the development standards by more than 10%.

 

The application was advertised and notified from 28 September to 13 October 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of two (2) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to overshadowing, visual and acoustic privacy impacts, vehicular access and safety, inadequate off-street parking facilities, absence of pedestrian and vehicular access to the adjoining land parcels, excessive building height, inadequate setbacks and over-development.

 

The site is zoned Local Business 3B under RLEP 1998 (Consolidation) and the proposed development is permissible with Council’s consent.

 

The numerical controls on the maximum building height and number of storeys under Part 4 of DCP – Kensington Town Centre are deemed to have been incorporated into the LEP as development standards. The site specific controls under the DCP provide for a 6-storey building and a maximum ceiling height to the topmost storey of 21.6m. The proposed development has 7 storeys and a height of 21.85m to the topmost ceiling at the building corner, and do not comply with the aforementioned standards.

 

The DCP – Kensington Town Centre allows opportunities for the provision of habitable roof space connected to the dwelling units on the level below, in so far as it is contained within an interesting roof form and is not configured as an additional storey. The performance criteria further elaborate that the floor area devoted to habitable roof space does not exceed 40% of the floor below.

 

The proposal substantially breaches the performance criteria of the DCP by providing a full standard storey under a continuous flat roof with nil setbacks from the external wall alignments below. Furthermore, the extra level is merely used to contain additional dwellings, and is not to create larger split-level units with improved amenity for the occupants and more diversified accommodation types. Despite the relatively minor deviation from the maximum ceiling height (to topmost storey) control under Section 4.2.4 of the DCP, the development scheme detrimentally compromises the intent and vision of the DCP in terms of the built form and amenity outcomes.

 

The submitted SEPP 1 Objection does not properly address the key objectives and performance criteria of the DCP that underlie the standard for maximum number of storeys, and fails to present convincing reasons to justify the significant deviation from the control. Accordingly, the Objection is not considered to be well founded and is not supported.

 

The development application has not included any SEPP 1 Objection to justify the non-compliance with the maximum height to underside of the topmost ceiling pursuant to Section 4.2.4 of the Kensington Town Centre DCP, being 21.60m. This inadequacy in the applicant’s submission is a reason for refusal on its own right.

 

The façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. Specifically, the façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression, colours and tone of the Contributory Buildings.

 

The proposed development has not incorporated sufficient stepping towards the adjoining Coptic Church on Bowral Street. The height of the building at the interface with the Coptic Church will significantly obscure views to the latter’s western dome and cross, and will not maintain the diversity and character of the local streetscape.

 

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards. The proposal does not comply with the 3.5m northern setback requirement of the Kensington Town Centre DCP, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved.

 

The development scheme fails to satisfactorily address a number of design quality principles stipulated in SEPP No. 65 – Design Quality of Residential Flat Development and recommendations of the Design Review Panel relating to context, scale, built form, density, energy efficiency, landscape, amenity, social dimensions and aesthetics.

 

The development entails a parking deficiency of 7 spaces having regard to the provisions of the SEPP (Affordable Rental Housing) and DCP – Parking. The application has not included any parking report to justify the shortfall in parking provision. Additionally, the proposed tandem parking arrangement will not enable car spaces to be accessed independently by residents and will become highly problematic in terms of their use and management. Furthermore, the car space dimensions do not fully satisfy the requirements of Australian Standard 2890 series.

 

The flood mitigation measures required by Council’s Development Engineer relating to finished floor levels, driveway entry and emergency exits have not been incorporated in the proposal.

 

The proposal has not included any waste storage facilities for the commercial component.

 

For the above reasons, it is considered that the proposal is not within public interest and is recommended for REFUSAL.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot A in DP 106027, Nos. 148-158 Anzac Parade, Kensington. The site is located on the northern side of the intersection between Anzac Parade and Bowral Street. The site has frontage lengths of 31.445m and 13.55m to Anzac Parade and Bowral Street respectively, and a land area of 423.8m2. At present, the site accommodates a group of attached commercial buildings of 2 storeys in height.

 

To the north is a row of 2-storey commercial buildings with frontage to Anzac Parade (Nos. 126-146 Anzac Parade). To the east is the Orthodox Coptic Church complex (Nos. 1-3A Bowral Street). To the south on the opposite side of Bowral Street is a 2-storey commercial building and a number of detached dwellings. To the west on the opposite side of Anzac Parade are a number of 2-storey commercial buildings.

 

The locality is undergoing transition and is characterised by a mixture of commercial, retail and low to high density residential developments.

 

1. Existing buildings on the subject site as viewed from the median strip of Anzac Parade

 

2. Adjoining Orthodox Coptic Church to the east of the site

3. Existing 2-storey commercial buildings to the north of the site which are identified as a Contributory Item under the Kensington Town Centre DCP

4. Existing 2-storey commercial buildings to the north of the site (middle and left)

 

3.      The Proposal

 

The proposed development includes the following elements:

·      Demolition of all existing structures on the site.

·      Construction of a 7-storey mixed use building comprising a commercial suite on ground level and 45 x self-contained boarding rooms, 1 x caretaker’s flat and communal areas on the upper storeys.

·      Construction of basement parking for 9 cars, 10 motorcycles and 10 bicycles.

 

4.      State Environmental Planning Policy No. 1 Development Standards

 

4.1    Proposed variation to the development standards

 

The proposal seeks to vary a number of controls contained within Kensington Town Centre DCP, which are deemed to have been incorporated into RLEP 1998 (Consolidation) as development standards. SEPP 1 Objections have been submitted to Council.

 

Minimum allotment size for development:

 

Clause 4.1.1 of the DCP stipulates that corner sites may be developed if they have a minimum area of 900m2, regardless of frontage. The subject site has a land area of only 423.8m2 and entails a non-compliance of 47%.

 

Maximum height of development:

The DCP stipulates the following controls:

4 storeys, plus 2 storeys setback 4m from the northern, southern and western edges of the building

4 storeys with nil setbacks from street frontages, plus 3 storeys above which are partly setback from the Anzac Parade boundary = 7 storeys in total (17% non-compliance)

Height to underside of topmost ceiling:

Minimum 19.4m

Maximum 21.6m

Corner – 21.85m (1% non-compliance)

Remaining portions – 20.85m (complies)

 

4.2    SEPP 1 assessment

In assessing the applicant’s SEPP 1 Objections, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority:

 

Matter 1

 

The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1).

 

The stated objectives of the minimum allotment size standard as outlined in the DCP are:

 

·      To facilitate redevelopment when existing lots are too small to achieve a change in building type.

·      To ensure that redevelopment achieves an appropriate scale and is able to meet the Performance Criteria of this Plan.

·      To achieve new residential development comprising dual aspect, cross-ventilated apartments located on the perimeter of lots.

·      To maintain street rhythm and expression.

·      To achieve a neighbourhood supermarket centre within the Retail Core of the Kensington Town Centre.

 

The stated objectives of the building height standard as outlined in the DCP are:

 

·      To ensure appropriate scale relationship between new development and: street width; local context; adjacent dwellings; and Contributory Buildings.

·      To achieve well-proportioned buildings.

·      To maintain public view corridors from the east side of Randwick Racecourse over the Town Centre to the Monastery of the Missionary of the Sacred Heart.

·      To ensure appropriate management of overshadowing, access to sunlight and privacy.

·      To ensure appropriate floor to ceiling height within buildings.

·      To achieve a visual transition between the heights of buildings on Anzac Parade and the heights of buildings ‘behind’ the main street.

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variation to the aforementioned development standards.

 

Minimum allotment size for development:

Applicant’s SEPP 1 Objection:

 

 

It is considered that the proposed variation from the minimum allotment size standard is satisfactory and that the submitted SEPP 1 Objection is well founded for the following reasons:

 

·      The site specific controls for Block 03 under Part 4 of the Kensington Town Centre DCP identify the subject site as Defined Parcel B. The controls allow for a 4- to 6-storey development within Defined Parcel B. Therefore, the subject site has been envisaged as being suitable for a multi-storey building, and it is unreasonable to refuse the proposal solely due to the non-compliance with the 900m2 minimum land area requirement.

·      The site has a regular configuration with dual frontages to Anzac Parade and Bowral Street. The site has sufficient area to accommodate a multi-storey mixed use development. The corner location will also maximise opportunities for natural lighting and ventilation.

 

Maximum height of development

Applicant’s SEPP 1 Objection:

 

It is considered that the proposed development and variations from the building height standards are not satisfactory, and that the submitted SEPP 1 Objection is not well founded for the following reasons:

 

·      The applicant’s SEPP 1 Objection attempts to argue that the development scheme will fit into an envelope for a 6-storey building, although it actually contains 7 full levels.

 

The proposal is in direct contradiction to the site specific controls for Block 03 under Part 4 of the Kensington Town Centre DCP. The Block 03 controls clearly and unambiguously prescribe a 6-storey building, where the lowest 4 levels will have nil setbacks from the street alignments.

 

The DCP, however, allows opportunities for the provision of habitable space within the roof form. Section 4.6.9(a) provides that habitable roof spaces connected to the storey below by internal stairs could be a viable design option in so far as they are designed within an interesting roof form and are not configured as an additional storey. Specifically, the key objective of the control is to ensure that “habitable roof spaces are a result of roof forms rather than ‘pseudo’ storeys”. The following performance criteria in the DCP are particularly relevant to the subject proposal:

 

ii

Connect habitable roof space to an apartment below.

iv

Demonstrate that the total floor area devoted to habitable roof space does not exceed 40% of the floor below.

vi

Ensure that, when viewed from an adjoining public road or private property, the roof form (including habitable roof, associated private open space or plant and service areas) has the appearance of a roof and not an additional storey or an extension of the external vertical façade.

viii

A continuous flat roof with habitable space within it will be regarded as a pseudo storey and will not be approved.

 

In the light of the above performance criteria, it could be seen that the DCP is very clear and specific in terms of the built form outcome it seeks to achieve. Based on the control provisions, the floor space in the extra (sixth) level should have been contained within the roof form. The roof structures would need to be appropriately designed to enhance the architectural character of the building. The floor plate for the top (sixth) level should also be substantially reduced so that it does not form a ‘pseudo’ storey. The floor space should be configured to provide additional rooms directly connected to the storey below, so that larger split-level dwelling units could be created.

 

The proposal breaches the performance criteria of the DCP by providing a full standard storey under a continuous flat roof with nil setbacks from the external wall alignments below. Furthermore, the extra level is merely used to contain additional dwelling units, and is not to create larger split-level units with improved amenity for the occupants and more diversified dwelling types. Despite the relatively minor deviation from the maximum ceiling height (to topmost storey) control under Section 4.2.4 of the DCP, the development scheme detrimentally compromises the intent and vision of the DCP in terms of the built form and amenity outcomes.

 

The submitted SEPP 1 Objection does not properly address the key objectives and performance criteria of the DCP that underlie the building height standard, and fails to present convincing reasons to justify the significant deviation from the control. Accordingly, the Objection is not considered to be well founded and is not supported.

 

·      The development application has not included any SEPP 1 Objection to justify the non-compliance with the maximum height to underside of the ceiling of the topmost floor under Section 4.2.4 of the Kensington Town Centre DCP (which has been incorporated into RLEP 1998), being 21.60m. This inadequacy in the applicant’s submission is a reason for refusal on its own right.

 

·      The proposal has not incorporated Council’s freeboard requirements for flood protection purposes. Where the floor levels are raised in accordance with Council’s specification, the resultant building height would be further increased and hence would exacerbate the non-compliance with the height controls.

 

·      The additional storey being sought is not compensated by any positive urban design benefits. In contrast, the design scheme is not considered to be appropriately related to the adjoining properties:

 

Incompatibility with Contributory Buildings at Nos. 126-146 Anzac Parade:

The façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. The façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression, colours and tone of the Contributory Buildings.

 

Incompatibility with Coptic Church at Nos. 1-3A Bowral Street:

The proposed development has not incorporated sufficient stepping towards the adjoining Coptic Church on Bowral Street. The amenities areas of the southern-most unit (R17) on the third level are built to the eastern common boundary. As is demonstrated in the submitted photomontage, the height of the building at the interface with the Coptic Church will significantly obscure views to the latter’s western dome and cross. Where the amenities areas are relocated with the space in question replaced with an open terrace or non-trafficable roof, an appropriate transition in scale could be achieved with retention of additional views to the western church dome. This would add to the diversity and character of the local streetscape via the maintenance of visual connection to the silhouette and form of the church building from the surrounding areas.

 

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards. The proposal does not comply with the 3.5m northern setback requirement, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved. The proposal is not acceptable in this regard.

 

In conclusion, the form and height of the development are considered to result in detrimental impacts on the amenity of the surrounding areas and are not supported. The submitted SEPP 1 Objection for building height (that is, maximum number of storeys) has not appropriately 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 not adequately and convincingly 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 not well founded.

 

Matter 2

The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section 5(a)(i) and (ii) of the Act are to encourage:

 

“(1) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(2) the promotion and coordination of the orderly and economic use of developed land.”

 

 

Comments:

The proposed variations from the building height standard are not consistent with the aims of SEPP 1 as they would detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the development works would not promote the orderly and economic use of the land, and would result in significant adverse environmental impacts on the 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”.

 

Comments:

The proposed development and variations from the building height standard do not raise any matters of significance for State or regional environmental planning.

 

The strict adherence to the building height standard, in this instance, will ensure the provision of an appropriately scaled development in a mixed use precinct.

 

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 building height standards is reasonable and necessary as the design scheme will not achieve the objectives of the development standards.

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 building height development standards is relevant to the subject proposal.

Third

A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

 

Comments:

The underlying objective of the building height standards would not be defeated or thwarted as full numerical compliance in this particular instance is reasonable.

Fourth

A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

 

Comments:

The development standards in question have not been abandoned or discarded by any decision or actions of Council. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The site is zoned B2 Local Centre under the Draft RLEP 2012. The objectives of the B2 zone are similar to those for Local Business 3B under the current LEP. The existing zoning is not considered to be inappropriate for the locality.

 

5.      Site History

 

5.1    Application history

2 December 2011

A request was sent to the applicant requesting the submission of revised drawings and additional information to address various issues including:

 

·      The Block 3 control in the Kensington Town Centre DCP clearly stipulates a maximum number of storeys of 6 for the subject site. The proposal includes 7 full storeys and deviates significantly from the control.

·      The northern setback is to be increased to 3500mm to the outer edge of the balconies. This setback is to be maintained across all levels.

·      The adjoining Coptic Church has western windows attached to office and classroom / function room areas. The proposal would significantly reduce day light access to these windows.

·      Ramped access should be provided to the ground floor commercial suite and main lobby.

·      A parking study including survey of the availability of on-street parking in the vicinity to the site is to be prepared.

·      The proposed tandem parking arrangement would be highly problematic for the future residents.

·      The site is located adjacent to an overland flow path. The floor levels are to be increased as per the advice of Council’s drainage engineers.

The letter stipulated a timeframe of 21 days for the submission of the documents.

18 January 2012

An email was sent to the applicant requesting revised drawings and additional information to be lodged by 2 February 2012.

19 January 2012

Draft amended plans were emailed to Council for comments.

20 January 2012

An email was sent to the applicant advising that the draft amended design is unsatisfactory and that the application should be withdrawn.

7 February 2012

The architect requested a time period of 3 weeks (that is, by 28 February) to complete amended drawings for Council’s assessment.

8 February 2012

An email was sent to the architect to confirm whether the revised drawings will be lodged by the end of February. The architect did not reply.

7 March 2012

Draft amended plans were emailed to Council for comments.

9 March 2012

An email was sent to the architect requesting the withdrawal of the application due to the prolonged delay in the finalisation of the revised design and that no parking and equitable access assessment has been undertaken. It was advised that Council is not in a position to accept further amendments.

9 March 2012

The architect requested one more opportunity to submit amended documents.

9 March 2012

The assessment officer replied by email and emphasised that Council has to proceed with final assessment and reporting of the application, but allowed submission of amended plans by noon on 13 March 2012. If no amended documents are received by then, the final assessment will be undertaken based on the initial drawings. 

13 March 2012

No response was received from the applicant.

 

No amended drawings and documents have been received to date. The assessment officer has already given a number of opportunities for the applicant to submit revised documents. There have been delays and a lack of commitment on the part of the applicant to provide amended documents to enable finalisation of assessment. It should be noted that the draft amended plans were issued for preliminary review by the assessment officer and have not been formally lodged with Council. It is therefore considered appropriate to proceed with the reporting of the application based on the initial documentation.

 

5.2    Previous development approvals relating to the site

There are a number of development approvals for shop fit-out, change of use and footpath dining relating to the subject site.

 

6.      Community Consultation

 

The subject application was advertised and notified from 28 September to 13 October 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      PO Box 52, Kensington NSW 1465

·      Carroll & Carroll Architects on behalf of owners of Nos. 146 and 146A Anzac Parade and Nos. 18, 20, 22, 24 and 26 Ascot Street

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development will overshadow the west-facing windows of the adjoining church building. Additional side setback should be provided to the upper levels of the development with the scale of the eastern boundary walls reduced.

The building height envisaged in the Kensington Town Centre DCP would not allow retention of direct sunlight to the western side windows of the Coptic Church, which are setback only approximately 1000mm from the common boundary. It is noted that the side windows on the first and second levels of the church are attached to office and function room areas and are constructed with glass blocks.

 

However, the location of the access hallways and stairwells of the development could be adjusted to match at least part of the neighbour’s 1000mm side setback, so that ‘light wells’ on either side of the common boundary could be created. In this manner, a degree of reflected ambient light to the neighbouring property could be maintained.

 

The design in its current form is not considered to have minimised amenity impacts upon the adjoining church premises.

The windows and terraces on the upper levels of the development should not overlook the windows and courtyard of the neighbouring church premises.

 

The visual and acoustic privacy of the church should not be compromised.

The eastern neighbour is a church complex. The windows on the western elevation of the church building are constructed with obscured glass blocks. Therefore, the hallway windows on the residential floors are not considered to result in detrimental privacy impacts.

 

However, the terraces of Units R32, R39 and R46 would overlook the courtyard of the church due to their elevated position. No screening devices have been proposed. It is considered that a suitable level of privacy for the church courtyard should be maintained to enable the proper conduction of religious function and practices. The proposal in its current form is not considered to be appropriate having regard to privacy protection for the neighbouring property.

The design of the car park entry / exit should not adversely affect the safety of pedestrians.

The driveway exit is setback only 600mm from the eastern common boundary. Council generally requires any walls adjacent to the exit to be lowered to a maximum height of 600mm, or be splayed 1500mm x 1500mm. No splayed corner has been included. The driveway design is not considered to be acceptable on safety grounds.

The proposal has not provided adequate off-street parking facilities.

Noted. Refer to the “DCP” section of this report for detailed comments.

The proposal does not provide any pedestrian / vehicular access to the adjoining Site A, the Coptic Church chapel and Block T01. The proposal does not comply with the provisions of the Kensington Town Centre DCP.

Right of way to land parcel A:

The provision of a right of carriageway for vehicular or pedestrian access to Nos. 126-146 Anzac Parade (identified land parcel A) is not considered to be necessary and desirable.

 

Access to the aforementioned properties could readily be achieved via a right of carriageway off Ascot Street that is aligned in a straight north-south direction.

 

The creation of a right of way via the subject site would create a ‘dog-leg’ in the access way which is indirect in its alignment and compromises legibility and community safety. 

 

Access to church chapel:

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards.

 

The proposal does not comply with the 3.5m northern setback requirement of Council’s Kensington Town Centre DCP, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved. The proposal is not considered to be acceptable in this regard.

The proposal exceeds the maximum height limit of 6 storeys as stipulated in the DCP.

Noted. Refer to the “SEPP 1” and “DCP” sections of this report for detailed comments.

The proposal does not comply with the setback controls of the DCP.

The setbacks from the Anzac Parade and Bowral Street frontages are considered to be acceptable.

 

The proposal has not reserved adequate setback from the northern property boundary and is not supported. Refer to the “DCP” section of this report for details.

The proposal will result in unreasonable overshadowing of the surrounding areas.

The proposal will not result in unreasonable overshadowing of the dwelling houses on the southern side of Bowral Street .

The proposed north-facing units will adversely affect the privacy of any future dwelling units constructed on Block T01.

Noted. Refer to the “DCP” section of this report for detailed comments.

The DCP requires that any right of carriageway is not to be built over.

No right of way is proposed for the development.

The proposal will ‘over power’ the streets and the adjoining Coptic Church and represents an over-development of the site.

The proposed built form and façade articulation are not considered to appropriately relate to the adjoining Coptic Church and the Contributory Buildings to the north at Nos. 126-146 Anzac Parade. Refer to the “DCP” section of this report for detailed comments.

 

7.      Technical Officers Comments

 

7.1    Building Surveyor

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 3 – Residential units

Class 7a – Car park

 

Description of the Building

In summary, the building incorporates:

·      A ‘rise in storeys’ of 7

·      Masonry walls, metal roof and concrete floors

·      One exit stairway, of concrete construction

·      A total of 46 sole occupancy units and ground floor commercial space

·      External balconies

·      Side boundary building setbacks of up to nil

 

Key Issues

 

Building Code of Australia (BCA):

Full details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore further detailed information is required to be incorporated in the documentation for a construction certificate.

 

Site Management:

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.

 

7.2    Development Engineer

The comments provided by Council’s Development Engineer are extracted below:

 

Flooding issues

The Planning Officer is advised that the subject development site is located adjacent to an overland flow path and a flood study for the catchment commissioned by Council has confirmed the site will be subject to inundation by floodwaters during major storm events.

 

The application was discussed with Council’s Drainage Engineer who has flood levels relevant for the site obtained from the Kensington/Centennial Park Flood Study and has provided the following comments.

 

I have reviewed DA/689/2011 for 148-158 Anzac Parade, Kensington from a floodplain management perspective and the following comments are provided.

 

·      The ground floor level shall be raised to a level no less than the 1% Annual Exceedance Probability (AEP) flood plus half a metre freeboard (i.e. 27.0m + 0.5m = 27.5m AHD).

·      The outdoor court yard shall be raised to a level no less than the 20% AEP flood (i.e. 26.3m AHD).

·      The driveway entry to the basement shall be adjusted to include a crest on the driveway within the property that is no less than the 1% AEP flood plus 0.3m freeboard (i.e. 27.0m + 0.3m = 27.3m AHD)

·      All emergency exits and other openings to the basement shall be sealed to a level no less than the 1% AEP flood plus half a metre freeboard (i.e. 27.0m + 0.5m = 27.5m AHD).

·      Suitable warning systems, signage and exits shall be provided to ensure the safe evacuation of persons from the basement during flooding.

·      A backflow prevention device shall be installed on the basement pump out system to prevent the backflow of water to the basement.

·      The structure shall be constructed to withstand the forces of flood waters, including debris and buoyancy for the 1% AEP flood.

·      The structure shall be constructed from flood compatible building materials below the 1% AEP flood plus half a metre freeboard.

 

In light of the Drainage Engineer’s comments it is apparent that significant amendments will be required for Development Engineering to be in a position to support this application. It should also be noted that flood levels were emailed to the Hydraulic Engineer by John Flanigan in August 2011 and so the applicant should be aware of the flooding issues affecting the site.

 

Parking Issues

Parking shall be provided for both the boarding house and commercial components of the development.

 

For the commercial component

Parking is assessed as per the general rate for business premises provided in Council’s DCP-Parking stated as 1 space per 40m2.

 

For the subject site with 230.6m2 of commercial area this will require the provision of 5.8 spaces for the commercial component.

 

For the boarding house component

The provisions of the SEPP Affordable Housing override Council’s DCP-Parking and state in regulation 29(2)(e) that consent authorities must not refuse consent to development on the grounds if:

 

(i)   in the case of development in an accessible area-at least 0.2 parking spaces are provided for each boarding room, and

(ii)  in the case of development not in an accessible area-at least 0.4 parking spaces are provided for each boarding room, and

(iii) in the case of any development-not more than 1 parking space is provided for each person employed in connection with the development more than one parking space is provided for each 10 boarding rooms or part thereof.

 

For the subject site consisting of 45 boarding rooms plus caretaker and assuming the assessing officer is satisfied the site is located within an ‘accessible area’ parking required for the boarding house are calculated as follows.

 

Parking required for Boarding House = 45 x 0.2 +1 (caretaker) = 10 spaces

 

The Affordable Housing SEPP also states in regulation 30(h) that consent authorities must not consent to development unless at least one parking space is provided for a bicycle and one for a motorcycle for every 5 boarding rooms.

 

As the number of boarding rooms is 45 this will require the provision of 9 bicycle and 9 motorbike spaces. The submitted plans demonstrate compliance with this requirement.

 

TOTAL PARKING REQUIRED FOR DEVELOPMENT       

= 6 (Commercial) + 10 (Boarding House)

= 16 spaces

 

TOTAL PARKING PROPOSED IN DEVELOPMENT  = 9 spaces

PARKING DEFICIENCY                                         = 7 spaces (43.8%)

 

The parking deficiency is excessive even allowing for the sites location adjacent to major bus routes on Anzac Parade and proximity to Kensington Town Centre.  In the absence of any supporting documentation such as a parking impact study Development Engineering does not accept this large shortfall and cannot support the application. The following additional Information shall therefore be submitted before assessment of the application can continue.

 

·      Proposed parking allocation between boarding house and commercial components shall be indicated on the architectural plans.

 

·      Any parking shortfall shall be justified by the submission of a parking study/assessment which shall include a parking survey assessing the availability of on-street parking in the vicinity of the development site.

 

Parking Layout

Carspace dimensions, aisle widths, ramp grades, car sweeping paths, etc shall comply with the minimum requirements of Australian Standard 2890.1:2004 and be indicated on the architectural plans. This includes dimensions for the motorbike spaces and the entry ramp grade as it is noted these have not been included on the present set of plans.

 

Development Engineering does not support the use of tandem car spaces in the basement car park. All car spaces should be able to be accessed independently.

 

Any reliance on car stackers to make up the parking deficiency should be kept to a minimum and details showing the mechanical specifications of the car stacker shall be submitted.

 

Waste Management Comments

The assessing officer is advised there are some minor issues with the waste management arrangements for the site which can also be addressed in the submission of amended plans.

 

For Boarding House Component

It is noted that the submitted waste management plan (WMP) has adopted a bin rate halfway between the boarding house rate and multi-unit dwelling rate specified in Council’s ‘Waste Management Guidelines for Proposed Developments’. This is acceptable but it is noted that the WMP has underestimated the number of recycling bins required because it has assumed a weekly collection for recyclables. The applicant is advised that recyclables are collected by council fortnightly which effectively doubles the amount of recycling bins required than what is estimated in the WMP.

 

Based on the rate specified in the Waste Management Plan the development would therefore require 18 x 240L bins + 16 recycling bins for the boarding house component being a total of 34 bins.

 

The miscalculation in the number of recycling bins appears to have been recognized in the drawings as it is noted that the bin room in the basement has been sized to accommodate 33 bins. This is acceptable to Development Engineering.

 

The applicant is also advised however that should it be required in any redesign Development Engineering would accept a small reduction in the number of bins provided for the boarding house component since only a small kitchenette is provided in each boarding room rather than a full-sized kitchen. In this regard our minimum requirement would be 26 x 240L bins for the boarding house component.

 

For Commercial Component

As the future use of the commercial area is unknown estimating likely waste generation can be problematic. Development Engineering must also consider the possible future division of this commercial area into smaller commercial tenancies.

 

The WMP has gone into some admirable detail in estimating the future waste generation rates and come up with the number of 32 bins (16 normal + 16 recycling) required for the commercial component.

 

The applicant is advised however that commercial tenancies tend to have rubbish collected at an increased frequency either through council or private contractor and it is considered provision for 32 bins is probably not necessary and onerous. Development Engineering would accept a provision for half of this amount i.e. 16 bins (8 normal & 8 recycling). We would require this area however to be clearly indicated on the architectural plans and be physically separated from the waste bin area for the boarding house. At present the WMP only states that it will be provided within the commercial area which is insufficient detail.

 

In Summary

Due to the significant flooding and parking issues affecting the site Development Engineering does not support the application. As the amendments required to comply with Council’s requirements will be quite significant the assessing officer may wish to consider advising the applicant to withdraw the application.

 

Comments:

·      The current drawings have not adjusted the levels for the ground storey, outdoor areas, driveway entry and emergency exits in accordance with the advice of Council’s drainage engineer. The design in its current form cannot be supported due to potential flooding and safety problems.

 

·      Council’s Development Engineering Section requires a minimum of 26 x 240-litre bins for the boarding house and 16 x 240-litre bins for the commercial suite. The commercial and residential waste storage areas need to be physically separated.

 

The proposal only provides a single bin room for the boarding house on the basement level with a capacity of 33 standard bins. No separate garbage room has been provided for the commercial suite. The proposal does not satisfy Council’s waste management requirements for the commercial component and therefore cannot be supported.

 

The issues relating to off-street parking will be further discussed in the following sections of this report.

 

7.3    Sydney Airport Corporation Ltd. (SACL) / Civil Aviation Safety Authority (CASA)

 

Under the provisions of the Civil Aviation (Buildings Control) Regulation, the concurrence of the Sydney Airport Corporation / Civil Aviation Safety Authority is required as the proposed building has a maximum height in excess of 15.24m above existing ground level and may fall within the Conical Surface of the Obstacle Limitation Surfaces for Sydney Airport.

 

The requirements of SACL / CASA in relation to height restrictions, crane installation and construction management could be imposed as conditions of consent.

 

8.      Master Planning Requirements

 

A master plan is not required for the subject proposal.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned 3B Local Business under RLEP 1998. Developments incorporating boarding house accommodation that is attached to business premises are permissible with Council’s consent.

 

Clause 14 Zone No. 3B (Local Business Zone)

The objectives of the 3B Zone are addressed as follows:

 

(a)    To provide opportunities for local retail and business development in the City of Randwick, and

The ground floor commercial / retail tenancy will provide activation to the public domain and reinforce the commercial character of the Kensington Town Centre. The proposal will also introduce a residential population that contributes to the viability and vibrancy of the businesses within the Centre.

 

(b)    To provide opportunities for associated development such as car parking and service industries, and

The proposal has not provided adequate off-street car parking to support the boarding house and commercial uses. Refer to the “DCP” section of this report for details.

 

(c)    To provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and

The proposal will introduce a residential population that contributes to the viability and vibrancy of the businesses within the Kensington Town Centre.

 

(d)    To minimise the impact of development on adjoining and nearby residential zones, and

The proposal incorporates a large number of dwelling units that are oriented to the northern side boundary, which would compromise the privacy and amenity of any future development on the adjoining site. The design scheme is not considered to have minimised the impact of the development upon adjoining land.

 

(e)    To encourage housing affordability, and

The proposal will broaden the housing mix and offer more affordable form of residential accommodation in the locality.

 

(f)    To encourage the provision and use of public transport.

The proposed development will contribute to the demand and viability of public transport services along Anzac Parade.

 

Clause 42C Kensington Town Centre

The objectives of the Kensington Town Centre are addressed as follows:

 

(a)    To achieve high quality design in all new development and improvements undertaken in the public domain,

The proposed façade articulation and finishes palette fail to appropriately relate to the scale, height, materials and architectural character of the adjoining Contributory Buildings at Nos. 126-146 Anzac Parade to the north. The design in its current form is not considered to have adequately responded to the immediate context.

 

(b)    To encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality,

The ground floor commercial / retail tenancy will provide floor space for businesses that service the local community.

 

(c)    To provide opportunities for residential development in the town centre that compliment the primary business function of the town centre,

The proposal will introduce a residential population that contributes to the viability and vibrancy of the local businesses.

 

(d)    To encourage a variety of medium density housing forms that compliment the development within the town centre and that do not have an adverse impact on surrounding residential areas,

The proposal incorporates a large number of dwelling units that are oriented to the northern side boundary, which would adversely compromise the privacy and amenity of any future mixed use development on the adjoining site. The design scheme is not considered to have minimised the impact of the development upon adjoining land.

 

(e)    To encourage the amalgamation of land to facilitate redevelopment within the town centre,

The site is regularly dimensioned and has dual frontages with sufficient land area to accommodate the proposed land uses.

 

(f)    To facilitate development within the town centre that supports the regional entertainment industry,

Not applicable.

 

(g)    To ensure that social and cultural needs are considered with any development proposals in the town centre,

The development scheme has not demonstrated the provision of satisfactory equitable access for people with disabilities. Based on the current information, the proposal is not considered to achieve an acceptable social planning outcome.

(h)    To encourage and facilitate the provision of vehicular access and off-street parking to support the local businesses,

The proposal has not provided adequate off-street car parking to support the boarding house and commercial uses. 

 

(i)     To ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in the town centre,

The ground floor commercial / retail tenancy will offer activation to the surrounding streets. The proposed land uses will contribute to the demand and viability of public transport services along Anzac Parade.

 

(j)    To ensure appropriate conservation of the environmental heritage and recognition of the characteristics of buildings with architectural merit,

The proposed façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north. The Anzac Parade elevation should have made reference to the two-storey scale of the contributory item via the use of suitable horizontal architectural elements. A more in-depth analysis of the exterior colour scheme and material palette should also have been undertaken to provide a proper response to the appearance of the Contributory Buildings.

 

(k)    To require and encourage environmentally sustainable approaches to future land use and development,

The proposal has not incorporated adequate sun protection devices on the western elevation and is not considered to have addressed the thermal comfort and environmental sustainability of the building.

 

(l)     To improve the overall environmental quality of the Kensington Town Centre.

The proposed design is not considered to appropriately relate to the adjoining Contributory Buildings to the north.

 

The proposal has not appropriately resolved the interface between the ground floor level and the public footpaths due to the freeboard requirements. The proposed finished floor level for the ground storey is RL26.20. Council’s drainage engineer has advised that the ground level needs to be raised to RL27.50. The raising of the ground floor levels for flood protection purposes is likely to create continuous blank walls of 1300mm in height along the street frontages. The proposal fails to consider any architectural treatment to the ground floor blank walls to provide a proper visual address to the public domain.

 

Accordingly, the proposal in its current form is not considered to positively contribute to the environmental quality of the Town Centre.

 

Clause 42C(4) provides that the following requirements of the Kensington Town Centre DCP apply to the development as if they were incorporated into the LEP:

 

(a)    Maximum number of storeys

(b)    Maximum height of development (to underside of ceiling of the topmost floor)

(c)    Minimum frontage for development

(d)    Minimum allotment size for development

 

These controls will be addressed under the “DCP” section of this report.

 

9.2    State Environmental Planning Policy (Affordable Rental Housing) 2009

The subject application is made pursuant to the SEPP (Affordable Rental Housing) and requires assessment under Clause 29 – Standards that cannot be used to refuse consent, Clause 30 Standards for boarding houses and Clause 30A Character of local area. The following tables outline the assessment:

 

Assessment of Clause 29 – Standards that cannot be used to refuse consent

Standard

Assessment

The density and scale of the buildings when expressed as a floor space ratio are not more than:

 

(c)  if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item – the existing maximum FSR for any form of residential accommodation permitted on the land, plus:

 

(i) 0.5:1, if the existing maximum FSR is 2.5:1 or less, or

(ii) 20% of the existing maximum FSR, if the existing maximum FSR is greater than 2.5:1.

Not applicable.

Building height

If all proposed buildings comply with the maximum building height under another environmental planning instrument for any building on the land (i.e. 6 storeys, height to underside of topmost ceiling: min 19.4m, max 21.6m).

Number of storeys:

7 storeys

Does not comply, a SEPP 1 Objection has been submitted.

 

Height to underside of the topmost ceiling:

Corner – 21.85m

Does not comply, no SEPP 1 Objection has been submitted

Remaining portions – 20.85m

Landscaped area

If the front setback area is compatible with the streetscape in which the building is located.

The existing developments within the subject urban block do not have front setback to Anzac Parade at ground level. No ground floor front setback is proposed. The proposal is considered to be satisfactory in this regard.

Solar access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

Complies.

Private open space

If at least the following private open space areas are provided (other than the front setback area):

(i) one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers;

(ii) if accommodation is provided on site for a boarding house manager - one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation.

Lodgers:

The communal balcony on the first level has an area of less than 10m2 and is only 1.4m wide.

Does not comply.

 

Boarding house manager:

The balcony attached to the caretaker’s flat has an area of less than 5m2 and is only 1.4m wide.

Does not comply.

Parking

(i) in the case of development in an accessible area – at least 0.2 parking spaces are provided for each boarding room, and

(iii) in the case of any development – not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site

The site is located within an accessible area.

 

Requirement:

boarding rooms 45 x 0.2 plus 1 caretaker’s space = 10 spaces

 

Proposal:

A total of 9 car spaces are provided in the development for the exclusive use by the boarding house (refer to page 33 of the Statement of Environmental Effects). No parking spaces have been proposed for the commercial component.

 

The proposal entails a shortfall of 1 parking space for the boarding house. Does not comply.

Accommodation size

If each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i) 12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii) 16 square metres in any other case.

All boarding rooms have GFA of more than 16m2, excluding kitchen and bathroom areas. Complies.

A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

Private kitchen and toilet facilities are provided for each boarding room. Complies.

 

Assessment of Clause 30 - Standards for boarding houses

Standard

Assessment

(a) If a boarding house has 5 or more boarding rooms, at least one communal living room will be provided.

A common living room is provided on the first floor level. Complies.

(b) No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres.

Complies.

(c) No boarding room will be occupied by more than 2 adult lodgers.

This could be made a condition of consent.

(d) Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger.

All boarding rooms are self-contained with private bathroom and kitchen facilities. Complies.

(e) If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

A manager’s dwelling unit is provided on the fourth floor level. Complies.

(f) Repealed.

N/A

(g) If the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

No boarding rooms are provided on the ground floor level. Complies.

(h) At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

Requirement:

45 boarding rooms x 1/5 =
9 motorcycle and 9 bicycle parking spaces

 

Proposal:

10 bicycle parking spaces, complies.

 

10 motorcycle parking spaces are shown on the plans. However, the dimensions of these spaces do not comply with Australian Standard 2890.1. Refer to the “DCP” section of this report for details.

 

Based on the current information, it cannot be satisfied that the development is capable of accommodating the required number of motorcycle parking spaces. Does not comply.

 

Clause 30A Character of local area

The consent authority is required to take into consideration whether the design of the development is compatible with the character of the local area.

 

The site is located within the Kensington Town Centre, which is characterised by a mixture of commercial, retail and low to high density residential developments. The locality is presently under transition where the older building stock is being replaced by high-rise mixed use developments. It is considered that the nature of the proposed land uses and the multi-storey form are compatible with the emerging local character. However, the proposal has not presented convincing justifications for the deviation from the building height controls stipulated in the Kensington Town Centre DCP. The proposal has not incorporated appropriate façade articulations and the dwelling layout would result in detrimental amenity impacts on the adjoining premises.

 

 

 

 

9.3    State Environmental Planning Policy No. 65 Design Quality of Residential Flat Development

The proposal includes self-contained boarding rooms and SEPP No. 65 is considered to apply to the development. The application has been referred to the Design Review Panel (DRP) for assessment. The design principles stipulated in the SEPP and the comments provided by the DRP (summarised in italics) are addressed as follows:

 

Principle 1: Context

·      It would be helpful to model the entire eastern side of Anzac Parade in plan and elevation, showing the existing and DCP compliant current and future envelopes.

Comments:

The application has not provided adequate contextual analysis relating to the existing and potential building envelopes along the eastern side of Anzac Parade between Ascot and Bowral Streets. The design scheme has incorporated a number of north-facing boarding rooms, which would have their amenity severely compromised should the northern adjoining property be redeveloped in the foreseeable future. Based on the current information, it cannot be established that the proposal is appropriate to the surrounding built environment.

 

Principle 2: Scale & Principle 3: Built form

·      The Pre-DA scheme has a 4-storey podium / street wall to Anzac Parade, with the upper lofts setback 4m. Unfortunately this has been lost and the proposed building is entirely out of scale in the street. The Pre DA scheme was scaled more appropriately in relation to the contributory neighbours to the north (except for the then proposed concrete buttresses which served no practical purpose).

Comments:

The south-western corner of the building has reserved nil setbacks from the Anzac Parade and Bowral Street boundaries across all levels. Notwithstanding, the corner element and its vertical emphasis will strengthen the spatial definition of the street intersection and is considered to carry positive urban design merits.

 

However, the proposed façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. The façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of suitable horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression of the Contributory Buildings.

 

·      Shadow impacts on the Sunday school to the east need to be addressed.

Comments:

The building height envisaged in the Kensington Town Centre DCP would not allow retention of direct sunlight to the western side windows of the Coptic Church, which are setback only approximately 1000mm from the common boundary. It is noted that the side windows of the church on the first and second levels are attached to office and function room areas and are constructed with glass blocks.

 

However, the location of the access hallways and stairwells of the development could be adjusted to match at least part of the neighbour’s 1000mm side setback, so that ‘light wells’ on either side of the common boundary could be created. In this manner, a degree of reflected ambient light to the neighbouring property could be maintained.

 

The design in its current form is not considered to have minimised amenity impacts upon the adjoining church premises.

 

·      The northern setback should be maintained on all levels. The current proposal to build to the north boundary at the first floor is inappropriate.

·      The proposal should be adjusted to respect the 7m separation (required by the DCP) from the northern property on all levels.

Comments:

The proposal should have maintained a 3500mm clear setback from the northern boundary across all levels, in order to enable legible and safe pedestrian connection to the Coptic Church in the future, and to meet the requirements of the Kensington Town Centre DCP. The proposal is not considered to be acceptable in this regard.

 

·      The elevations are very diagrammatic and lacking in detail. Weather protection to a number of exposed windows has not been provided. The retail structure and glazing has not been described at all.

Comments:

The submitted elevation drawings do not contain sufficient and adequate details for Council’s assessment.

 

·      The typical balconies should be wider than 1m to 1.2m. A proportion of obscured glass, solid louvres, or similar to the balcony balustrades should be provided for privacy.

Comments:

The balconies to the dwelling units have a minimum depth of 1200mm and are considered to be acceptable as boarding house accommodation.

 

However, the balcony to the common room is considered to be too small as the sole outdoor living space for the entire boarding house. Additionally, a larger balcony should be provided for the caretaker’s unit as it is to accommodate a permanent employee, who would spend a long period of time in the premises. The balconies attached to the common room and caretaker’s unit do not meet the requirements of the SEPP (Affordable Rental Housing) and are not considered to be adequately dimensioned and sized.

 

The submitted finishes schedule does not clearly describe the glazing type for the balcony balustrades. It is considered that at least a portion of the balustrade glazing should be made obscured for those balconies facing Anzac Parade, in order to maintain privacy for the occupants.

 

Principle 4: Density

·      Any argument for additional density should be supported by design quality, and good amenity for all dwellings. Currently the number of units has been pushed, to the detriment of all units and future residents.

Comments:

The design scheme and supporting information are not considered to have provided convincing justifications for the number of units proposed and the deviation from the building height provisions of the Kensington Town Centre DCP.

 

Principle 5: Resource, energy and water efficiency

·      Solar control to the major western façade needs much more consideration. External blind / louvre systems should be investigated and fully incorporated into the DA.

Comments:

The western elevation contains a large number of exposed full-height windows. The proposal has not provided any suitable sun shading devices to ameliorate the low angle afternoon sun.

 

·      The thin plan characteristic has been lost and there is a significantly increased number of apartments that now cannot achieve cross ventilation.

Comments:

The design scheme has not explored all possible options to enable cross ventilation, such as creation of dual-aspect units on the southern side of the building (being Units R8, 17, 33, 40 and caretaker’s room R26), and conversion of the common hallways to breezeways with secondary highlight windows to the bathroom or kitchenette areas.

 

·      The common room does not have an access compliant entry door or a door to the bathroom. There does not appear to be sufficient sun shading to the full height and width west facing glass. The southern wall is vaguely nominated as louvres however the plans and elevations are unclear.

Comments:

No proper sun shade devices have been provided for the western windows of the common room. The design scheme is not considered to have adequately addressed thermal comfort and occupant amenity issues.

 

·      The street elevation to Bowral Street is now unprotected louvres (problematic due to wind driven rain) and precast concrete which has no supporting detail to indicate that it is insulated. Windows should be introduced to the concrete façade to aid in cross ventilation and natural daylight and give alternative ventilation options with reduced road noise.

Comments:

Operable windows should have been provided to the kitchenette areas of the southern-most units to provide alternative option for ventilation away from Anzac Parade, and to allow additional ambient light to the interior space.

 

·      There is potential for much more use of the roof. There is scope for skylights / top lights and roof vents to increase the environmental performance and amenity of the top floor units. A roof plan should be provided and sections should show realistic falls, insulation, rainwater management, skylights and venting.

Comments:

No skylights or roof vents have been included in the design scheme. No detailed roof section has been prepared.

 

·      High level windows to / over the access way can be provided from the east side of the apartments.

Comments:

The drawings do not clearly show whether the eastern windows to the hallways on the residential levels are operable. These windows are positioned less than 3m from the side boundary (fire source feature) and may need to be fixed and protected to comply with the deemed-to-satisfy provisions of the BCA.

 

The drawings do not show any highlight toilet or kitchenette windows opening to the common hallways.

 

·      Ceiling fans should be provided throughout.

Comments:

No ceiling fans have been provided.

 

·      Ventilation should be able to be maintained at night without compromising security.

Comments:

The proposal has included louvred windows in addition to sliding glazed doors. The proposal is considered to be satisfactory in this regard.

 

Principle 6: Landscape

·      Some deep soil should be provided in the northern setback areas by reducing the basement car park to allow for tree planting within the boundary in the northern setback.

Comments:

The future through-site link in the northern setback areas should have incorporated suitable landscape treatment designed by a landscape architect. This may include water feature, special paving, deep soil planting or the like to provide activation and improved amenity.

 

Principle 7: Amenity

·      Risers do not appear to be provided.

Comments:

The drawings do not indicate any riser stack for the ground floor commercial suite.

 

·      Tandem parking for different apartments is not considered manageable and should be redesigned.

Comments:

The proposed parking provision and layout are not supported. Refer to the “Parking DCP” section of this report for details.

·      It appears there is a 2.9m floor to floor provision on the 4th floor which is unlikely to achieve 2.7m ceiling height.

Comments:

The section drawings do not indicate the floor slab thickness. The minimum floor-to-ceiling height for the residential levels appears to be 2700mm by scaling off the drawings.

 

·      The unit plan is considered inflexible. A retractable queen size bed would lock the bed position against the wall which is a severe compromise with regard to amenity.

Comments:

The boarding room layout will provide a reasonable level of living amenity and is considered to be acceptable. 

 

·      The apartment dimensions are considered minimal and more suited to short term accommodation.

Comments:

The boarding room layout will provide a reasonable level of living amenity and is considered to be acceptable. 

 

·      The acoustic performance of the Anzac Parade frontage needs to be further investigated.

Comments:

A Noise Impact Assessment prepared by Acoustic Logic has been submitted with the application. The report includes recommendations on glazing type for the building, which would achieve a reasonable level of acoustic amen