Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 26 February 2013

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                               26 February 2013

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 26 February 2013 at 6:00.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Extraordinary Council Meeting - 11 December 2012

Ordinary Council Meeting - 11 December 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded for the purposes of clause 66 of Council’s Code of Meeting Practice.

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

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

 

CP1/13      220-220A Clovelly Road, Randwick (DA/405/2011)

CP2/13      86 Dudley Street, Coogee (DA/452/2010/D)

CP3/13      11 Liguria Street, Maroubra (DA/514/2006/C)

CP4/13      94 Marine Parade, Maroubra (DA/689/2012)

CP5/13      1-1A Major Street, Coogee (DA/617/2012)

Director City Planning Reports (record of voting not required)

CP6/13      Reporting variation to Development standard under State Environment Planning Policy No. 1 (SEPP 1) for December, 2012

CP7/13      Notification periods for JRPP Development Application Reports

Director City Planning Reports (record of voting required)

CP8/13      Randwick Local Environmental Plan 2012 and variations to development standards

CP9/13      Delegation of the Minister's Plan Making Functions

CP10/13    Delegations of Authority - Randwick Local Environmental Plan 2012

Director City Planning Reports (record of voting not required)

CP11/13    Response to Motion Pursuant to Notice from Cr Matson - Consideration of suicide prevention at the North Coogee ocean cliffs

CP12/13    Response to Motion Pursuant to Notice from Cr Seng: Report on the Council's Public Art projects in the last two years, and those already planned for the future

CP13/13    Proposed Council Events in Support of Women's International Day

General Manager's Reports

GM1/13     Proposed Handover of La Perouse Museum

GM2/13     Review of the 2012-13 Annual Operational Plan - December Quarterly Report

GM3/13     Public Wi-Fi Trial

GM4/13     The 20-Year Randwick City Plan

Director City Services Reports

CS1/13      Maroubra Bay Floodplain Management Committee

Director Governance & Financial Services Reports

GF1/13      Affixing of the Council Seal

GF2/13      Councillors' Expenses & Facilities Policy - results of public exhibition

GF3/13      New Model Code of Conduct

GF4/13      Gifts and Benefits policy

GF5/13      Quarterly Budget Review - December 2012

GF6/13      Investment Report - November 2012

GF7/13      Investment Report - December 2012

GF8/13      Investment Report - January 2013

GF9/13      Kensington Bowling Club - Closure and future use of the site  

Petitions


Motion Pursuant to Notice

NM1/13     Notice of Motion from Cr D'Souza - Matraville Town Centre

NM2/13     Notice of Motion from Cr D'Souza - Matraville Post Office

NM3/13     Notice of Motion from Cr Nash - Proposal for Organic Farmers Market in Randwick

NM4/13     Notice of Motion from Cr Andrews - Upgrade of Coogee Bay Road from Arden St to Mount Street, Coogee

NM5/13     Notice of Motion from Cr Andrews - Proposed Public Housing Advisory Committee

NM6/13     Notice of Motion from Cr Andrews - Use of Maroubra beach by commercial personal trainers

NM7/13     Notice of Motion from Cr Neilson - Basketball hoops and courts in appropriate locations in the city of Randwick

NM8/13     Notice of Motion from Cr Matson - Response to Orica Mercury Issues

NM9/13     Notice of Motion from Cr Matson - White Paper Planning Consultation

NM10/13    Notice of Motion from Cr Smith - Urban Activation Precincts

NM11/13    Notice of Motion from Cr Matson - Support for intended Marriage Equality Legislation in the Australian Senate

NM12/13    Notice of Motion from Cr Smith - Commercial Operations on Beaches

NM13/13    Notice of Motion from Cr Smith - Lifeguard Resourcing

NM14/13    Notice of Motion from Cr Smith - Shared Parking Schemes

NM15/13   Notice of Motion from Cr Roberts – Angle parking opportunities………………...325

Closed Session

Director Governance & Financial Services Reports (record of voting not required)

GF10/13    Kelly Lane, Matraville - Road Dedication

This matter is considered to be confidential under Section 10A(2)(g) of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

GF11/13    2R Lee Street, Randwick also known as part Nancye Street - Road Dedication

This matter is considered to be confidential under Section 10A(2)(g) of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

Director City Services Reports (record of voting required)

CS2/13      T13/12 Gymnasium Equipment - Des Renford Leisure Centre

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

 

CS3/13      Tender for the Supply of Tractors for Open Space and Beach Cleaning Services

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

 

CS4/13      Tender for Footpath Sweeper - T14/12

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

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                               26 February 2013

 

 

Director City Planning Report No. CP1/13

 

 

Subject:                  220-220A Clovelly Road, Randwick (DA/405/2011)

Folder No:                   DA/405/2011

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

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

 

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

 

“(Stevenson/Woodsmith) that the application be deferred for mediation.”

 

The application was reported again to Council at its Planning Committee Meeting held on 13 November 2012. At the meeting it was resolved:

 

“(Neilson/Matson) that the application be deferred to request the applicant to redesign the upper level so that it is to set back from Clovelly Rd in line with the approved upper level of 218 Clovelly Road.”

 

Issues

 

The applicant has redesigned the upper level of the proposed development and amended drawings were received on 12 February 2013 indicating the following:

 

§   Provision of a 3m setback of the upper floor addition from the Clovelly Road boundary in line with the approved upper level of No 218 Clovelly Road and the use of the setback area as an open balcony.

 

§   Removal of all masonry elements within the 3m setback and replace with light metal pergola frame.

 

§   Provision of a 1m wide planter box on the western edge of the balcony adjoining No 218 Clovelly Road 

 

The above changes effectively remove the appearance of a three storey building directly on the corner of the subject site and visually creates a stepped built form when viewed from the street. It should be noted that this stepped effect is contrary to the advice of the SEPP 65 Design Review Panel that required, “as a basic urban design principle, the architecture and design of any proposal on the subject site must enhance and reinforce the prominence of this corner as well as … bring forward the extra height to the north boundary as it is a corner site on two important roads.”

 

Notwithstanding this, the provision of a 3m setback in the current amended proposal satisfies the resolution of Council in the meeting of 13 November 2012. 

 

Relationship to City Plan

 

The relationship to the City Plan is as follows:

 

Outcome 12:               Excellence in urban design and development – The proposal has a good architectural quality in that it maximises the potential of the subject site in the context of the existing surrounding development whilst minimising impacts on adjoining and nearby residential properties.

Direction 4a &

associated key action:  Improved design and sustainability across all development – The proposal will achieve a good design in conjunction with a significant sustainable outcome for the proposed development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The provision of a 3m setback in the current amended proposal satisfies the resolution of Council in the meeting of 13 November 2012.  In view of this, it is recommended that DA/405/2011 be approved.

 

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/405/2011 for the alterations and additions to existing mixed-use building including new second floor containing 2 residential units at 220 Clovelly Road, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans numbered HAR-01, HAR-02 and HAR-03 Revision B, and all dated 05/04/2012 stamped received by Council on 1 May 2012, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

BASIX Certificate

No.

Dated

 

378682M

28 May 2011

 

and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the amended floor plan, aerial and photomontages prepared by CSA Architects and stamped received on 12 February 2013. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

4.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

5.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority, prior to issuing a construction certificate.

 

The following condition is applied to meet additional demands for public facilities:

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 471.735.00

1%

$4,717.35

 

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

 

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

 

Consent Requirements

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

 

Long Service Levy Payments

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

 

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

 

           Structural Adequacy

10.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of a construction certificate, certifying the structural adequacy of the existing structure to support the proposed works.

 

Stormwater Drainage

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

 

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

 

12.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage by gravity (without the use of a charged system).

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

9.       In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

10.     In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

11.     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).

 

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

 

Building & Design

13.     The maximum height of the building along the parapet shall be reduced by 100mm to RL78.23.  Details are to be included in the plans/specifications for the construction certificate.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

14.     Any metal roof sheeting is to be pre-painted and form part of the colour scheme and external finishes for the development. The reflectivity index of materials used in the external façade of the development must not exceed 20 percent.  The details and samples of the materials to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of City Planning, prior to the commencement of works.

 

Certification and Building Inspection Requirements

 

15.     Prior to the commencement of any building work, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

16.     Prior to the commencement of any building works, the person having the benefit of the development consent must:

 

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

·       appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

·       notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

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

 

Sydney Water

17.     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

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

 

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

 

Construction Traffic Management

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

 

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

 

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

 

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

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Building regulation and construction site management

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

 

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

 

Inspections during Construction

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

 

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

 

         Fire Safety

24.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety:-

 

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

 

Restrictions on Hours of works

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

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

 

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

 

1)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

2)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

3)     A sign must be provided and maintained in a prominent position, which contains the following details:

 

·         name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

 

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

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council.  For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Building & Demolition Work Requirements

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Requirements, Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997

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

·            DECC/EPA Waste Classification Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

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

 

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

 

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

 

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

 

Building Encroachments

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificate Requirements

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

 

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

 

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

 

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

 

32.     The existing levels of fire safety and amenity within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate or strata subdivision certificate:

 

a)       The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of clause 94 of the Environmental Planning and Assessment Regulation 2000 and a report prepared by a suitably qualified person or accredited certifier is to be submitted to and approved by Council’s Manager of Environmental Health and Building Services, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979.

 

The fire safety report must detail the measures considered appropriate to satisfy the relevant deemed-to-satisfy or performance requirements of the Building Code of Australia, to protect persons using the building, and to facilitate their egress from the building in the event of fire and to restrict the spread of fire.

 

The fire safety upgrading works are to be included in the construction certificate and be implemented prior to occupation of the new building or part and written confirmation is to be provided to Council accordingly.

 

Structural Certification

33.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the building.

 

Occupant Safety - Windows

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Council’s Infrastructure, Vehicular Crossings, street verge

35.     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.

 

36.     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.

 

37.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

 

Waste Management

40.     Waste Management provisions must be implemented in accordance with the Waste Management Plan submitted with the development application (Prepared by SPD Town Planners dated 26th June 2012), subject to the following amendments:

§ Waste bin areas open to the sky are not permitted to be drained to the sewer as this is in breach of Sydney Water requirements.

§ Only 4 x 240L bins consisting of 2 x 240L garbage & 2 x 240L recycling are required for the residential component of the development.

 

OPERATIONAL CONDITIONS

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

 

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

 

Environmental Amenity

41.     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.

 

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

 

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

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

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

 

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

 

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

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

A2      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

1.View

Report - 14 August 2012

 

2.View

Report – 13 November 2012

 

 

 

 


Report  - 14 August 2012

Attachment 1

 

 

 

Development Application Report No. D84/12

 

 

Subject:                  220-220A Clovelly Road, Randwick (DA/405/2011)

Folder No:                   DA/405/2011

Author:                   David Ongkili, Coordinator Major Assessment     

Proposal:                     Alterations and additions to existing mixed-use building including new second floor containing 2 residential units (SEPP1 objection to floor space ratio control)

Ward:                      North Ward

Applicant:                HFDT Pty Ltd

Owner:                         HFDT Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.      Executive Summary 

 

The subject proposal is referred to the Planning Committee for determination as it has a development that involves variation to the FSR development standard in excess of 10%. 

 

The subject application was originally for alterations and additions to existing mixed-use building including new second floor containing 2 residential units.

 

Following issues raised by the Design Review Panel, amended plans were submitted on 1 May 2012 incorporating changes primarily comprising revised material and configuration for the new upper floor construction; extension of front wall of part of the new upper floor addition onto the Clovelly Road boundary to reinforce the street edge; revision of the internal layout of the two new units and provision of clerestory roof light to improve energy efficiency and ventilation; and provision of obscure glazing on the west elevation as well as extended wrap-around awning over part of the Mount Street façade.

 

The amended plans were not required to be re-notified as the amendments represent improvements to the proposal relating primarily to the external material and presentation of the new upper floor and internal layout of the proposed dwelling units with no new fenestration or no significant increase in the original building envelope to warrant re-notification. These amended plans are the subject of this report, and are considered to be satisfactory, addressing an improved overall proposal in relation to visual bulk and scale, aesthetics and energy efficiency.

 

The amended proposal has an FSR of 1.97:1 compared with the maximum 1.5:1 FSR standard applicable in Local Business 3B zone under the Randwick LEP 1998. The amended proposal also has a maximum building height of 11.4m (at RL 78.33) which complies with the maximum building height standard of 12m under the Randwick LEP 1998.

 

A State Environmental Planning Policy No. 1 (SEPP 1) has been lodged in support of the variation to the FSR standard.  The SEPP 1 Objections have been assessed and found acceptable as the resultant maximum building height of 11.4m will comply with the maximum 12m height control; the bulk and scale of the proposed development is consistent with the existing scale and character of development in the immediate mixed use streetscape along Clovelly Road which is predominantly comprised of 3-4 storey developments. Additionally, developments at No. 218 and No. 210-212 have been approved at FSRs in excess of 1.5:1 and provide for suitably scaled buildings in the context of the Local Business Centre. Furthermore, the breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. The proposal, also, is consistent with the planning objectives for the locality and purposes of the standard.

 

The proposal does not comply with the numerical car parking requirement of the DCP – Car parking, having a shortfall of 3 car spaces. The applicant has provided a letter from a traffic consultant, Terrafic Pty Limited, in support of the shortfall advising that the additional 3 car spaces required is minor and can be supported in terms of the principles of Travel Demand Management whereby car parking shortfalls due to factors such as site constraints can be used as opportunities for modifying travel behaviour and decisions towards alternative sustainable forms of transport. The consultant’s advice is considered reasonable especially given the fact that the provision of any car parking on-site in this case is physically not possible while good and frequent bus services are readily available on Clovelly Road.  Having regard to the moderate scale and density of the proposal (the addition of only 2 x two-bedroom units) and the retention and upgrade to the existing fabric of the ground floor shop (to enhance its contribution to local business development in the Clovelly neighbourhood centre), refusal of the DA on the basis of a minor shortfall in car parking is not considered warranted and supportable.

 

Six objectors have raised issues relating to height, bulk and scale, view loss, overshadowing, parking and non-compliance with development standards. The objectors’ issues are addressed in relevant sections of this report. One submission in support of the development was also received.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The amended proposal lodged on 1 May 2012 incorporated the following amendments:

 

§ Walls to the new upper floor to be constructed in rendered masonry rather than the original metal cladding.

§ Windows in east elevation designed to low sill height of 600mm with operable portions at 1.2m sill height to improve outlook on future residents to the street.

§ Main bedroom wall of proposed front unit on new top floor brought to the street front as per the DRP recommendation  

§ Corner presentation strengthened with masonry post and solid frame.

§ Pergola installed above front balcony.

§ Provision of clerestory roof lights with electrically operable louvers extending over the living areas and south facing bedrooms of the two new units.   

§ Improvements to the layout of the two new dwelling units by reducing circulation corridors and providing more efficient bathroom layouts.

§ Provide obscure glazed windows on the west elevation to minimise overlooking of adjoining western property.

§ Provide privacy slats and louvers to north facing balcony.

§ Extended awning to wrap around part of the Mount Street façade.

 

Apart from the above listed improvements, the amended building, essentially, will be similar to the original proposal which will be for alterations and additions to existing mixed-use building with a new second floor containing 2 two-bedroom residential units.

 

3.      The Subject Site and Surrounding Area

 

The site is located on the southern side of Clovelly Road at the south-western corner of the intersection of Clovelly road and Mount Street. The site is rectangular in shape, having an overall area of 250.4 sqm. The site has a northern frontage to Clovelly Road  of 10.12m and side boundaries of 24.86m.  The subject site slopes gently from Clovelly Road to the rear by approximately 1.5m.

 

The site is presently occupied by an existing two storey mixed use building containing two ground floor shops and two 2bedroom units at first floor level. The site also contains a right of way for pedestrian access to the adjoining property at No. 218 Clovelly Road.

The site is adjoined to the immediate west by a two storey brick shop and flat building at No 218 Clovelly Road. Further west are a row of two storey mixed use buildings with shops on the Clovelly Road ground level and flats on first floor levels at No 214-216 Clovelly Road, and a large and modern four storey mixed used development with shops at ground and flats on first floor levels at No 210-214 Clovelly road. To the north on the opposite side of Clovelly road is a row of two storey shops extending from Bishops Avenue to Fern Street with a three storey mixed used development on the north-eastern corner of Clovelly Road and Fern Street.

 

The surrounding area is characterised by predominantly medium density 2-4 storey mixed use development along Clovelly Road and multi unit residential development immediately adjoining these mixed uses ranging between 2 and 4 storeys in scale, and display a range of architectural styles and external finishes.

 

Photographs of the site and surrounds

1. The existing mixed use development on the corner of Clovelly Road and Mount Street with other redeveloped properties at No. 214, and No. 210-212 beyond at the other end of this shopping strip on Clovelly Road.   

2. Adjoining mixed use development at No. 222-226 Clovelly Road (left) and residential flat building No. 1A Mount Street at the rear(right).

4. Mixed use development on the opposite northern side of Clovelly Road.

4. Three storey mixed used development on the north-eastern corner of Clovelly Road and Fern Street

 


 

6. Rear section of the subject site with existing right of way for pedestrian access to No 218 Clovelly Road. (at the gate opening).

7. Existing side setbacks between the existing subject property (right) and the existing property at No. 218 Clovelly Road (left) which will be maintained under the proposed development.

 

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

 

4.      Site History

 

There is no relevant site or application history attached to this DA.

 

5.      State Environmental Planning Policy No 1 Objections

 

Clause 20F        Floor space ratios

The proposal seeks to vary a development standard contained with Randwick Local Environmental Plan 1998 being Clause 20F - Floor Space Ratio.

 

A maximum FSR standard of 1.5:1 is applicable to the subject site pursuant to Clause 20F of the Randwick Local Environmental Plan 1998. The proposed mixed use development will result in an FSR of 1.97:1 (493 sqm).

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 20F of Randwick LEP is unreasonable and unnecessary. Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority. The principles established in Wehbe v Pittwater Council are addressed in the assessment of the applicant’s current SEPP 1 Objection:

 

Matter 1

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

 

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

 

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

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

 

 

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

 

·      The excess floor area, amounting to 152 sqm, will be suitably distributed mainly to the additional second floor such that the overall height of the proposed development (at 11.4m and maximum RL 78.330 to roof parapet) complies with the maximum building height standard of 12m under the Randwick LEP 1998. Accordingly, in line with the purpose of the FSR standard, the proposed FSR will operate efficiently together with the control for building height to limit the size, scale and site coverage of proposed building while being sympathetic to the overall environmental amenity and aesthetic character of the streetscape and local area.

·      In terms of relative levels to AHD, the overall height of the proposed development with the new top floor level (at maximum RL 78.330) will not be inconsistent with the height of the adjoining building at No 218 Clovelly Road (at maximum RL78.180) and will be lower than the maximum height of the 4 storey mixed used development at No. 210-212 Clovelly Road which has a maximum RL 78.43). Additionally, the proposed bulk and scale will sit well in the overall streetscape as the proposed built form will act as a complementary eastern “book-end” to the local shopping strip on the southern side of Clovelly Road in counter position to the western “book end” already provided by the 4 storey mixed use development at 210-212 Clovelly Road (see Figure A below)

 

Figure A : The proposed development (left hand side) at RL 78.18 in the context of the existing streetscape with the existing mixed use development at No 210-212 Clovelly Road acting as a slightly higher complementary “book end” to the east (right hand side) at RL 78.43.

 

·      The additional floor area generated by the new top floor will not appear as a visually intrusive element when viewed from the Clovelly Road street level given that it will have a consistent and matching building height to those of the adjoining properties along Clovelly Road as well as a lower building height than the immediate adjoining residential flat building at No 2 Mount Street (RL79.09).  As such, the proposed development will not introduce a new intrusive built form into the streetscape but rather adds moderately to the existing building with a height, bulk and scale that will be consistent with adjoining and surrounding development along Clovelly Road and Mount Street.

·      The proposed development will not read as an overdevelopment in the existing streetscape and locality given its complementary height to existing buildings in the Clovelly Street streetscape. Rather the additional height assists in reinforcing the corner location with a design and built form supported by the SEPP 65 Design Review Panel advising in their comments in April 2012 that:

“This (amended) proposal differs in that it brings forward the extra height to the north boundary.  The Panel considers this response is correct as it is a corner site on two important roads, Mount Street and Clovelly Road, and the Mount Street footpath is particularly wide at this junction.  There are no negative shadow impacts from the extra floor area on the north.”

·      The proposal will be consistent with the objectives of the Local Business 3B zone  in which the site is located as primarily it will provide opportunities for local retail and business development in the Clovelly Road shopping strip; provide opportunities for residential accommodation in the local business centre that will not interfere with the primary business function of the zone; and it will minimise the impact of development on adjoining and nearby residential zones.

·      The proposal will not compromise the amenity of surrounding residential areas in terms of privacy, solar access, views and bulk and scale impacts as indicated in relevant assessment sections of this report.

·      It is considered that the proposal will achieve significant and substantial improvements to the function, appearance and amenity of the existing building in accordance with SEPP 65 design principles and to the benefit of the overall Clovelly Road streetscape

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provide that appropriately justifies that strict compliance with the development standard is 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 FSR control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because

 

·      it will have a height, bulk and scale that will not detract from the predominant existing character of its specific location containing predominantly medium to high density mixed use development typically new or refurbished ground floor shops with residential apartments above along the main street. 

 

·      it will create additional floor area that will not negatively impact upon the amenity of adjoining and surrounding uses  in terms of privacy, solar access, views and visual bulk and scale impacts.

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the medium to high density mixed use forms in the locality, being predominantly ground floor shops with upper floor residential, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal 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 standard is not 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:

Compliance would, in this case, be unreasonable to achieve the underlying objective of the standard.

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 maximum FSR 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 3B zoning is not considered to be inappropriate for the locality, which is characterised by low to medium density residential and commercial development. 

6.      Community Consultation

 

The original application was notified and advertised from 15 June to 29 June 2011. The following submissions were received in response to the notification/advertising of the original application:

 

§ The proposal goes to the street boundary contrary to the approval granted to No. 218 Clovelly Road under DA/543/2010

§ The proposal upper level should be setback in line with DA approval for No 218 Clovelly Road under DA/543/2010

 

The requirement for a 3m setback to the objector’s property under an earlier DA approval (DA/543/2010) was determined on its merits for that property and does not set a precedent for a similar setback to be required on the subject proposal. In fact, there are no statutory or policy controls for setbacks in a local business 3B zone. Notwithstanding this, the subject proposal is located on a corner site that is highly visible and prominent in the streetscape. Accordingly, as a basic urban design principle, the architecture and design of any proposal on the subject site must enhance and reinforce the prominence of this corner. This is reflected in the comments of the SEPP 65 Design Review Panel who have stated that the amended proposal “… brings forward the extra height to the north boundary.  The Panel considers this response is correct as it is a corner site on two important roads, Mount Street and Clovelly Road, and the Mount Street footpath is particularly wide at this junction.  There are no negative shadow impacts from the extra floor area on the north.”

 

As such, in accordance with the DRP’s requirements for a strong and prominent edge to the corner, the proposal’s upper floor addition can and should be built to the Clovelly Road and Mount Street front boundaries.

 

§ No notification of the DA (DA/543/2010) for No. 218 Clovelly Road to the objector at No 214 Clovelly Road

 

The issue regarding not being notified of a previous DA for No. 218 Clovelly Road is not a relevant matter to the subject DA and therefore not within the scope of requirement to be assessed in relation to the subject proposal.

 

Loss of water views

 

No. 218 Clovelly Road

The owners of No. 218 Clovelly Road have objected to the loss of views from the north-facing balcony of their yet to be built approved second floor addition(DA/543/2010) as a result of the extension of adjoining western wall of the new upper floor addition to the street front. As the objector’s approved second floor addition has not been constructed there is strictly no loss of view to assess in relation to the proposed development. Notwithstanding this, an inspection of the objectors’ property, indicates that the affected view can be broadly estimated from the existing second floor north-facing window (Figure B below) and the view loss principles established in Tenacity vs Warringah Council applied accordingly as follows:

 

Figure B : Distant filtered water views across the subject site looking due east from an existing bedroom window in the objectors’ property at No. 218 Clovelly Road.

 

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

 

The view from the objector’s unit is one of distant and filtered water view and horizon towards Clovelly Bay looking directly due east. Accordingly, any views affected by the proposal are not iconic. However, to the objector, these views are considered  significant.

 

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

 

The distant water and horizon views over Clovelly Bay are obtained across, and directly 90 degrees perpendicular, to the common eastern side boundary such that there is little merit, under the planning principle, in protecting the district view.

 

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

 

The affected district views are obtained from the existing first floor bedroom window but also represents a close approximate of the future view from the yet to be built approved second storey balcony of the objectors’ property at No 218 Clovelly Road. The long distance of the affected view acutely across a side boundary from an as yet unconstructed balcony it is reasonable to rate the view loss as minor.

 

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

 

While the proposal has a non-compliant FSR of 1.97:1 against the maximum FSR control of 1.5:1, the affected water view will be obstructed by the new upper floor addition which has a maximum height of 11.4m well in compliance of the applicable maximum 12m building height under the Randwick LEP 1998. Furthermore, the extension of the side wall to the Clovelly Road street front to reinforce the proposed building edge to the street and corner is a requirement under of the Design Review Panel under SEPP 65.  More importantly, the distant water view will still be available to the proposed development albeit from a relocated viewing point at the edge of the proposed balcony. Accordingly, the proposal is considered to have a skilful design resulting in a built form that would have minimal impact on views and outlook.

 

No. 214 Clovelly Road

The owners of No. 214 Clovelly Road have objected to the loss of views from the wrap around balcony on the top floor unit in the mixed development at No 214 Clovelly Road. An inspection of the objectors’ property, indicates that the affected view is a distant view of the ocean and horizon towards Clovelly Bay split by existing buildings and trees (Figure C below). The view is obtained from the top level loft apartment in the objector’s property. The view loss principles established in Tenacity vs Warringah Council are applied accordingly as follows:

 

Figure C : Split distant water view of Clovelly Bay obtained across the subject site viewed directly due east from No. 214 Clovelly Road.

 

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

 

The view from the objector’s loft apartment is one of distant water views split into 2 sections in the horizon towards Clovelly Bay looking directly due east. Accordingly, any views affected by the proposal are not iconic. However, to the objector, these views are considered highly significant.

 

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

 

The distant water and horizon views over Clovelly Bay are obtained across, and directly 90 degrees perpendicular, to the common eastern side boundary such that there is little merit in protecting the district view. The views are generally obtained at a standing position from the living room and associated wrap-around balcony. A reduced degree of the views are available at a sitting position.

 

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

 

The affected district views are obtained from the living room and balcony of the top floor unit of the existing mixed use development at No. 214 Clovelly Road. The long distance of the affected view acutely across a side boundary from a large wrap around balcony is considered a minor view loss especially having regard to other more significant views of the ocean towards the south-east that can be obtained from the living room and balcony that will not be affected by the proposed development (see Figure D) and continuing from this at 180 degrees are expansive district views of Randwick (see Figure E). 

 

Figure D: Other more significant views of the ocean looking south-east towards Coogee Bay available from the southern terrace and south-facing living room windows that will be retained and not be affected by the proposed development.

 

 

Figure E: Expansive panoramic district views continuing 180 degrees from the unaffected water vies of Coogee Bay looking south east to south west from the southern terrace and south-facing living room windows.

 

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

 

While the proposal has a non-compliant FSR of 1.97:1 against the maximum FSR control of 1.5:1, the new upper level that will obstruct the affected water view has a maximum height (of 11.4m) that readily complies with the maximum 12m building height under the Randwick LEP 1998. Furthermore, the extension of the side wall to the Clovelly Road street front to reinforce the proposed building edge to the street and corner is a requirement under of the Design Review Panel under SEPP 65.  More importantly, the distant water view will still be available to the proposed development albeit from a relocated viewing point at the northern edge of the wraparound balcony. Accordingly, the proposal is considered to have a skilful design resulting in a built form that would have less impact on views and outlook.

 

Further significant consideration should be given to the fact that the subject views will also be lost with the construction of the new second floor level on the existing mixed use development at No 218 Clovelly Road under DA/543/2010 which as indicated earlier has a non-compliant FSR of 1.94:1 and a compliant maximum height of 11.2m.

 

§ Trees on the right of way

The issue of existing tree obstructions an existing right-of-way at the rear of the subject site that serves the adjoining property at No 218 Clovelly Road is a separate tree removal and/or compliance issue and does not relate to the current DA.

 

§ Lack of parking

The proposal will have a shortfall of 3 car parking spaces after accounting for parking credits currently existing on-site. A Parking Assessment has been provided by the applicant’s Traffic/Parking consultant in support of the shortfall which emphasises the minor nature of the shortfall in a location that is readily served by public buses, a common scenario in the City of Sydney and other Council’ areas that is typically and increasingly being managed by way of Travel Demand Management principles. These principles essentially allow for car parking shortfalls to be used as opportunities to modify travel decisions towards more sustainable alternative forms of transport.  The shortfall is considered reasonable and acceptable having regard to the following considerations:

 

·      The shortfall for the additional 2 new 2-bedroom units is minor as the net increase amounts to 2 car spaces for the actual residential units. The third car space is required for a visitor. The increase by two dwelling units in a new upper floor that sits within the maximum building height control is reasonable and not excessive

 

·      There is no scope to provide car parking on the site without a complete knockdown and rebuild of the existing building to provide for a basement carpark which, in turn, based on cost of development, requires a larger development on-site to be viable. The proposal, in contrast, seeks, among other things, to retain the existing scale, and upgrade the fabric, of the ground floor retail/commercial use thus improving its business function in the Clovelly neighbourhood centre.

·      The site is served immediately by public buses on Clovelly Road that run on a regular and frequent basis. The subject site is therefore a significantly accessible site (and, as a guide, accords with the definition of “accessible” in the SEPP – Affordable Housing being within walking distance of a bus stop on Clovelly Road used regularly between 6am and 9pm Monday to Friday, and 8am to 6pm weekends) linking it to other local centres including Randwick Town Centre and the CBD, and is within easy walking distance of local shops in the neighbourhood centre.

 

Having regard to these considerations (which are further elaborated in Section 10.2.1 below), refusal of the proposed development on the basis of a minor shortfall of 3 car parking spaces is not warranted.

 

§ Loss of sunlight

Residents in the adjoining residential flat building at No. 1A Mount Street have raised concerns regarding overshadowing. The applicant’s shadow diagrams on plan and elevation indicates that increased overshadowing on the ground level west-facing windows will begin at 3:00pm onwards (that is outside of the critical 9:00am and 3:00pm solar access time zone). As such, the ground floor units (as well as the higher units above) of No. 1A Mount Street will maintain reasonable solar access in the winter afternoon within the critical 9:00am and 3:00pm solar access time frame. Any increase in overshadowing occurs after 3:00pm (under both the existing and proposed building) and occurs as a natural consequence of the north-south orientation of the subject site as the proposed shadow shifts from west to east. Prior to 3:00pm, from 12 midday to 3:00pm, there will be no increase in overshadowing of No1 A Mount Street in the mid-winter afternoon.

 

A further significant consideration is that the new second floor level that generates the minor overshadowing of No 1A Mount Street is contained within an overall building height of 11.4m that complies with the 12m building height control.  

 

§ Proposed FSR does not comply and results in an over development

While the proposal exceeds the maximum permissible FSR of 1.5:1 with a proposed FSR of 1.97:1 (483 sqm), the proposal will have a visual bulk and scale that is not considered to be out of character in the context of existing development in the immediate adjoining and surrounding land in the Clovelly neighbourhood centre and is not considered to result in any detrimental impact on the amenity of adjoining residents. In this regard, assessment of the SEPP 1 Objection lodged in relation to the breach in FSR shows that it is well founded and strict compliance with the standard would be unreasonable and unnecessary. Assessment of the built form is also undertaken as a Section 79C matter in Section 10 of this report and the built form is considered appropriate in the context of the subject site on Clovelly Road and in the Clovelly neighbourhood centre. 

 

7.      Technical Officers Comments

 

7.1    Building Comments

Council’s Building Control Officer advises as follows:

 

“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.

 

RECOMMENDATION:

Should the approval be granted to the application, the following conditions should be included in the development consent:”

 

7.2    Development Engineers Comments

Council’s Development Engineer advises as follows:

 

An application has been received for alterations and additions to existing mixed-use building including new second floor containing 2 residential units (SEPP1 objection to floor space ratio control) at the above site.

 

This report is based on the following plans and documentation:

·      Architectural Plans by Cad Draft dated April 2011;

·      Statement of Environmental Effects by SPD Town Planners dared 30th May 2011

·      Detail & Level Survey by Hard & Forester Pty Ltd dated 5th March 2011.

·      Waste Management Plan Received by Council 27th June 2012.

 

Parking Comments

The proposed 2nd floor addition will consist of 2 x 3 bedroom units which will generate an additional parking demand for the site of 3 spaces. The site is already experiencing a significant parking deficiency as no off-street parking is currently available on the site. As no further off-street parking is proposed with this application the proposal will therefore result in the parking shortfall being exacerbated.

 

The 3 required carapaces for the proposed development represent a deficiency of 30% of the total parking needs for the site (10 spaces) and is considered excessive. The proximity of bus routes (eg 339,353) is acknowledged but it was observed on a number of site inspections by the Development Engineer that the area is currently experiencing a high demand for on-street parking. It is noted that a number of objections have been received from surrounding residents on this aspect of the proposal. The proposed development will likely add to the demand for on-street parking in the vicinity.

 

In the absence of any supporting documentation in the form of a parking and traffic study Development Engineering is unable to support this significant parking deficiency.

 

As the development is unlikely to be refused on parking issues alone conditions have been attached to this proposal

 

Comment: The applicant has provided supporting documentation in the form of parking assessment prepared by Terrafic Pty Limited dated 27 July 2012 that indicates that the shortfall of 3 car spaces is minor, and is acceptable in the context of the site that has good and regular public bus services on the  main street being Clovelly Road. Furthermore, the applicant’s SEE has provided reasonable justification for the deficiency in car parking as discussed in Section 10.2.1 below. The fact remains that the subject site is physically incapable of providing any off-street car parking. In particular, the subject site, in common with the adjoining site at No 218 Clovelly Road are the only small and shallow sites in the Clovelly Road commercial strip where the footprint of the existing buildings on-site occupy almost the whole area of their respective sites. The provision of two additional 2 bedroom units in an additional level with a compliant building height is considered reasonable especially in the context of a shopping strip that is highly accessible and well served by public buses. As a guide, the subject site accords with the definition of “accessible” in the SEPP – Affordable Housing being within walking distance of a bus stop that is used regularly between 6am and 9pm Monday to Friday, and 8am to 6pm weekends (bus service 339 and 353 on Clovelly Road) linking it to other local centres including Randwick Town Centre and the CBD, and is within easy walking distance of local shops in the neighbourhood centre.

 

Waste management Comments

The submitted waste management plan is satisfactory subject to some minor amendments.

Should the application be approved the following conditions shall apply:”

 

8.      Relevant Environmental Planning Instruments

 

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

 

8.1         Randwick Local Environmental Plan 1998

The subject site is zoned Local Business 3B under the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.

 

The following Clauses of the RLEP also apply to the proposal:

 

Clause 20F  Floor Space Ratio

Clause No.

Requirement

Provided

Compliance

20F  –  Floor Space Ratio

1.5:1 (375.6)

1.97:1 (483m2)

No (SEPP 1 Objection submitted)

 

Clause 20G Building heights

Clause No.

Requirement

Provided

Compliance

20(g) (5) – Building Height

 

Max 12m

Maximum 11.4m (to top of parapet) at Mount Street and minimum 10.24m (to top of parapet) at Clovelly Street.

Yes

 

The following relevant clauses also apply to the proposal (and are addressed in detail in Section 11.1 below):

 

Clause 2 - Aims

Clause 14 - Zone No 3B (Local Business)

 

8.2    Relevant State Environmental Planning Policies

State Environmental Planning Policies that are relevant to the proposal are :

 

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

 

The application of these policies to the proposal is addressed in Section 10.1 below.

 

9.         Policy controls

 

The following Development Control Plans are applicable in the subject site:

 

·      Development Control Plan - Parking

 

The application of this  DCP is addressed in Section 10.2 below.

 

The following policy is also applicable to the proposed development:

·      Randwick City Council Section 94A Development Contributions Plan, effective from 2 July 2007

 


10.  Environmental assessment

 

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

 

10.1    Statutory Controls – S79C(1)(a)

 

10.1.1       Randwick LEP 1998

Clause 2 – Aim

Clause 14 – Zone No 3B (Local Business Zone)

The site is located in Zone No. 3B Local Business under Randwick Local Environmental Plan 1998 (Consolidation). The proposal is permissible in the zone, and consistent with the aims of RLEP 1998 (Consolidation) contained in Clause 2 of the LEP, including protecting the environmental qualities of the City, ecological sustainability in the planning and development process and encourage the provision of housing mix and tenure choice, including affordable housing.

 

The proposal also supports the specific objectives of the Local Business 3B Zone by providing a development that seeks:

 

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

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

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

(e)      to encourage housing affordability

 

Overall, the proposal will deliver a refurbished and upgraded mixed use development which will be compatible with the predominant and desired character of the locality whilst supporting the provision of affordable housing (by the provisional of additional rental housing).

 

10.1.2    Draft Randwick Local Environmental Plan 2012

Under the Draft LEP, the subject site is zoned B1 Neighbourhood Centre in which the proposal is permissible. The controls applicable over the subject site under the Draft LEP are:

 

Max FSR - 1.5:1

Max Building Height – 12m

 

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

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The amended proposal was considered by Council’s Design Review Panel at its meeting in April 2012. The Panel essentially found the amended proposal satisfactory subject to a number of suggestions as reflected in the Panel’s comments in italics below (followed by Council’s comments in bold wherever necessary):

 

PANEL COMMENTS

This is the second time the Panel has reviewed the proposal for this site. Following the first review the architectural consultant has changed and the Panel’s comments have been generally addressed.

The proposal is to add a floor to an existing two storey mixed use building, located in a small shopping centre. Two new apartments are proposed within the new top floor.

 

The Panel has visited the site.

 

Relationship to the Context of the Proposal 

The Panel supports the upgrading of existing buildings and the reinforcement of local shopping centres such as this one.

 

Contextual information has been provided to describe the local street character and the heights of the immediate neighbours to the west.  The height of this proposal matches that of the new buildings and additions in the street that are typically three storeys to the street with a recessed fourth floor.   This proposal differs in that it brings forward the extra height to the north boundary.  The Panel considers this response is correct as it is a corner site on two important roads, Mount Street and Clovelly Road, and the Mount Street footpath is particularly wide at this junction.  There are no negative shadow impacts from the extra floor area on the north.

 

The Scale of the Proposal

Two photomontages from the north side of the street have been provided.  The Panel considers the proposed extension to be complementary to the general scale of the street.

 

The Built Form of the Proposal

The built form of the proposed development has been improved from the previous scheme.  The continuation of the existing external walls to the new parapet height is a far more convincing way of creating an additional floor. It would be advisable for the parapet to have a capping to reduce weather stains to the walls.  This should create a fine shadow line.

Comment: The amended plans show a capping along the parapet which creates a fine shadow line in the overall expression of the proposed building.

The relationship of the proposed main bedroom wall to the façade has been improved by bringing it to the street façade and a window located above the existing first floor window. 

The Panel previously advised that the proposed balcony should have a solid roof or “Vergola” (operable roof louvres) to provide weather protection. A polycarbonate roof has now been proposed however this will cause substantial heat build up and the above advice is reiterated.  Alternatively a small ventilating skylight could be used instead of a Vergola.

The Panel is generally satisfied with the proposed built form, however the feature panel under the windows is considered unnecessary.  It is suggested that the juliet balcony detail be used on the north façade and that the rendered wall (rather than Villaboard) be taken up to the window sill on the east facade.  Joints between masonry and Villaboard walls should be well resolved. We note that Villaboard is shown on the drawings however the report says the new walls are proposed in masonry.

The wall cladding between the new windows should be nominated as it will be visible when louvre screens are placed over the windows.

 

Comment: Ventilating skylights have been provided over the proposed front balcony on the new top floor. Masonry wall has been provided instead of feature cladding. Two north-facing juliet balconies have been provided on the new second floor addition. While these balconies encroach into Council’s airspace, there are existing encroaching juliet balconies on the first floor below such that the new juliet balconies are consistent and complement the existing balconies in the overall street façade. The provision of new juliet balconies combined with the existing ones, provides a symmetry in design, and provides additional articulation, to the street front. Accordingly, the proposed juliet balconies are considered reasonable and acceptable   

Some preliminary details have been provided however gutters and downpipes are noticeably absent.  These details should be resolved prior to approval. Notes such as “roof drainage to future hydraulic engineering detail” are not adequate with regard to aesthetic resolution.

Sliding louvres should be nominated as pivoting and sliding louvres and the clerestorey windows should be noted on the drawings as “electrically operable louvres” as described in the report.

Comment: The requested extra improvements have been provided in the amended proposal.

The Proposed Density

The proposal exceeds the permissible FSR however the density and the upgrading of the existing building is considered appropriate for its local area.

 

Resource and Energy Use and Water Efficient

Ceiling fans have been provided in all bedrooms and clearly marked on the plans (except one has been missed on the north west corner).

 

Detailed sections have been provided however more information is required, as noted above.  The drawings should provide details for roof construction and insulation, rainwater management, balconies, balustrades, sunhoods, wall cladding, street awnings and the like.  This will enable better assessment of environmental performance as well as aesthetics.

 

A clerestory roof light with operable windows was suggested by the Panel for the southern apartment.  The new proposal has included clerestories for both top floor apartments which is commendable.

 

The window in the stair should have an operable section and the stair could benefit from some top level ventilation also.

 

The new southern balcony would benefit from some weather protection at door head height.

 

Comment: The requested details and most of the extra improvements have been provided in the amended proposal so that the proposal is satisfactory.

 

The Proposed Landscape

The Panel previously noted that documents should indicate how the surface of the rear yard and side setback areas are treated.  The Applicant has indicated that there is no proposed change to this area.

 

As there are two new apartments proposed the Panel considers it appropriate that some upgrade is made.  The provision of a substantial tree would be a preferred outcome however this should be discussed with the Council as there may be other ways that the development could contribute to the greening of the immediate area.

 

The Amenity of the Proposal for its Users

The planning of the new apartments has improved since the previous proposal.  The Panel considers that a few extra improvements could be made as follows:

 

Provide more space at the top landing of the stair for circulation at the entry points and for furniture delivery.

 

Ceiling heights on the top floor should be 2700 minimum.

 

Light and ventilation in the roof of the  stairwell

 

Acoustic treatment to timber floors (the sections provided do not indicate any treatment)

 

The living room area in the new northern apartment is considered too small and an L shaped kitchen may provide more flexible floor space for the accommodation of dining and living room furniture.

 

Comment: The requested extra improvements have been provided in the amended proposal.

 

The Safety and Security Characteristics of the Proposal

It is recommended that the applicant has a professional BCA check performed.  In particular, fire regulations need to be understood.

 

Comment: Conditions will be applied to address BCA issues.

 

Social issues

Additional accommodation of the kind proposed is suitable for this high amenity location.

 

The Panel previously notes that at street level there is great potential for improvement if the corner shop was opened more to both street frontages as this would make a positive contribution to the retail environment. The new proposal has opened the ground floor shop has on the eastern side of the building as suggested which is commendable.

 

The Aesthetics of the Proposal

The proposal is generally satisfactory.  Additional design refinement suggested above in this report needs to be addressed.

 

Comment: The requested extra improvements have been provided in the amended proposal.

 

·           SUMMARY AND RECOMMENDATIONS

The proposal has been substantially improved, however there are a number of issues that should still be addressed.  If all issues can be addressed to the satisfaction of the Council the Panel will not need to review this application again.

 

Comment: Almost all issues raised by the Panel have been addressed in the amended plans. Any outstanding matters can be addressed by conditions should approval be granted.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered 378682M. The requirements specified in the certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 


10.2  Policy Controls – S79C(1)(a)

 

10.2.1                 DCP - Parking

Applying the numerical car parking rates to the existing development, the existing car parking requirements as follows:

 

2 x 2 bedroom dwelling units = 2.4  car spaces

 

174 sqm retail floor space = 4.35 car spaces

 

The existing building does not provide any car parking spaces and based on the above uses has a parking “credit” of 7 car spaces.

 

The proposed development adds 2 x 2 bedroom dwelling units to the existing development which results in the following car parking requirements

 

4 x 2 bedroom dwelling units = 2.4 car spaces

 

174 sqm retail floor space =   4.35 car spaces

 

Visitor car space                = 1 car space 

 

Total car parking required    =  10 spaces

 

When the existing credit of 7 car spaces is applied, the proposal is required to provide 3 car spaces. Despite this minimum requirement, the subject site physically cannot accommodate any off street car parking. Accordingly, the proposal will have a short falloff 3 car spaces: The applicant ahs provided the following justifications for the shortfall:

 

 

Additionally, the applicant has provided a parking assessment which advises as follows:

 

 

The applicant’s justification are considered reasonable having regard also to the following considerations:

 

·      The shortfall for the additional 2 new 2-bedroom units is minor as the net increase amounts to 2 car spaces for the actual residential units. The third car space is required for a visitor. The increase by two dwelling units in a new upper floor that sits within the maximum building height control is reasonable and not excessive.

 

·      There is no scope to provide car parking on the site without a complete knockdown and rebuild of the existing building to provide for a basement carpark.

·      the subject site, in common with the adjoining site at No 218 Clovelly Road are the only small and shallow sites in the Clovelly Road commercial strip where the footprint of the existing buildings on-site occupy almost the whole area of their respective sites. The provision of two additional 2 bedroom units in an additional level with a compliant building height is considered reasonable especially in the context of a shopping strip that is highly accessible and well served by public buses.

 

·      The site is served immediately by public buses on Clovelly Road that run on a regular and frequent basis. The subject site is therefore a highly accessible site (and, as a guide, accords with the definition of “accessible” in the SEPP – Affordable Housing being within walking distance of a bus stop on Clovelly Road used regularly between 6am and 9pm Monday to Friday, and 8am to 6pm weekends) linking it to other local centres including Randwick Town Centre and the CBD, and is within easy walking distance of local shops in the neighbourhood centre.

 

·      The physical constraints of the subject site should be given due consideration in that there is insufficient space to the rear of the site. Vehicular access is not available to the Clovelly Road alignment and any vehicular access from Mount Street will obstruct an existing right of way for pedestrian access to No. 218 Clovelly Road. 

 

10.2.2                 Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposal. In accordance with the Plan, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 471.735.00

1%

$4,717.35

 

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

10.3.1        Natural Environmental Impacts

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

 

10.3.2        Built Environmental Impacts

10.3.2.1    Urban Design

The alterations and additions to the existing building have been designed to respect the Clovelly Street streetscape while reinforcing the prominence afforded by the corner location to Mount Street. The proposal will have a solid rendered masonry façade to the new upper floor which will be considerately balance by the judicious use of louvers and privacy shutters as well as glass balustrades and new wrap around metal awning with bi-fold doors at street level on the corner to activate the street corner. As such, the proposed development building will make a positive contribution to the Clovelly Road streetscape and locality in that it will be upgraded and refurbished in line with its corner retail strip setting to a higher aesthetic quality and design than that currently exhibited by the existing building.

 

The top floor addition will be well integrated into the existing built form and will not be visually intrusive. In particular, the proposal’s use of a flat roof form articulated with functional clerestory elements provides an overall contemporary well-expressed and well-modulated building that not only moderates the visual bulk and scale of the proposal but also contributes to the streetscape by providing a building that is compatible in building bulk and scale as well as roof ridge levels. Streetscape amenity is maintained as the proposal will have an overall height, bulk and scale consistent with that of existing residential flat developments in the locality (as indicated in Figure A above and in figures F and G below.

 

Figure F: Photomontage of proposed building viewed from the north-east.

 

The use of strong building edges built to and along the Clovelly Road and Mount Street streetfront as expressed from existing ground floor to new top floor combined with articulation to the building will ensure that the proposal will relate well to its immediate and surrounding space.

 

Figure G: Photomontage of proposed building viewed from the north-west.

 

10.3.2.2.   Sunlight, Privacy and Views

Sunlight

Shadow diagrams submitted with the application indicate that at 9am in the winter solstice, the proposal will overshadow the east-facing windows of the adjoining western mixed use development at No 218 Clovelly Road. The existing building on the subject site already overshadows a major portion of this adjoining east facing wall. Notwithstanding this, this adjoining property will be completely free of overshadowing by 10:30am. At 9:00 am the proposal also overshadows the eastern half of the north-facing wall of the adjoining southern residential flat building at No 2 Mount Street. By 12:00 midday, the overshadowing will shift, relieving the upper floor windows of No 2 Mount Street of any overshadowing. The overshadowing to the adjoining southern property is considered reasonable as the existing building has an almost similar impact at 9:00 am and the north-facing windows in this adjoining property are linked to bathrooms and bedrooms with living room windows in other elevations of this adjoining property. As with the 9:00am shadow, the overshadowing impact of the proposal at 12:00 mid-day will largely overlap that generated by the existing building such that any increase will be moderate. By 3:00pm, overshadowing will occur mainly onto Mount Street with some minor increases on the west facing wall of the No 1 Mount Street. The impact on No 1A Mount Street is considered reasonable as the proposal does not affect No. 1A Mount Street for a large portion of the 9:00am to 3:00pm solar access period in mid-winter. Accordingly, the proposal largely does not create overshadowing upon No 1A Mount Street prior to 3:00 pm. Additional overshadowing will only begin to creep up the west-facing wall and affect the ground floor units of No1A Mount Street at 3:00pm rising to the windows of the floors above well after 3:00pm, not unlike the shadows casted by the existing building albeit at a slightly later time.

 

Overall, the proposal will be have reasonable overshadowing impacts to adjoining properties for the reasons discussed above.

 

Privacy

The proposal performs adequately in relation to maintaining the privacy of adjoining properties in that :

 

·      The floor level of the proposed second floor level addition will be located above the top of the windows on the north elevation at second floor level of the adjoining southern building No 2 Mount Street. As such, view lines will be over the pitched roof of No 2A Mount street rather than directly into bathrooms and bedrooms.

 

·      Similarly, the floor level of the proposed second floor level addition will be located slightly higher than the top floor windows of the adjoining property at No 1A Mount Street such that any potential overlooking will tend to be directed over and above the pitched roof of No 1A Mount street rather than directly into bathrooms and bedrooms

 

·      There will be a separation distance of approximately 20m between the proposal and No 1a Mount Street which is adequate separation distance to mitigate any potential overlooking.

 

·      No balconies or windows to living rooms are proposed on the west elevation of the proposal.

 

·      Upper level west-facing windows will all have obscure glazing which will eliminate any loss of privacy to the adjoining east facing windows of the adjoining western property.

 

Overall, the proposal will be acceptable in terms of privacy for the reasons discussed above.

 

Views

Adjoining residents/owners of properties that have raised specific objections to view loss have had their concerns assessed within the body of this report at Section 6 above. In summary, the assessment shows that the amended proposal will have moderate impact on the district and ocean views enjoyed by these relevant adjoining properties having regard to the applicable principles for assessing view loss.

 


10.3.2.4    Ecologically Sustainable Development

As indicated above, the applicant has provided a BASIX assessment for the proposed development which indicates compliance with the targets for multi-unit housing for water saving, energy consumption and thermal comfort. In addition, the proposal achieves adequate cross-ventilation for all new and existing dwelling units; and will include appropriate energy efficiency and water conservation measures.

 

The proposed development will be well served by public buses along Clovelly Road given that this road traverses the Clovelly local shopping centre linking the subject site to the CBD and Randwick Junction in keeping with the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region. The proposal would assist in encouraging the use of public transport in line with urban consolidation and ESD principles.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

10.4           Social and Economic Impacts – S79C(1)(b)

The proposal will increase the availability of housing in a local neighbourhood business centre without detrimentally affecting the business functions of the centre. It will also promote the key directions and actions for the Randwick City Plan and the objectives of the Local Business 3B zone contained in the Randwick LEP 1998. The effect of the proposal would be to bring more people to the locality potentially linking them to existing economic, institutional and service facilities in the area. Overall the proposal presents a positive impact within the site and locality.

 

10.5           Suitability of the site – S79C(1)(c)

The subject site is zoned Local Business 3B. The subject site is therefore suitable for the proposed extension of the residential component of the existing mixed use whilst retaining the existing and desired future character of the locality. The site is well located in relation to the Coogee, Bondi Junction, Randwick and the CBD with public bus services available in the immediate locality.

 

10.6           Any submissions made – S79C(1)(d)

The DA was notified and advertised from 15 June to 29 June 2011. All submissions received are addressed as per Section 6 above.

 

10.7           The public interest – S79C(1)(e)

The proposed development will be in the public interest as it will provide additional housing stock in an area that is highly accessible by public buses and private vehicles. In addition, the proposal will consolidate the mixed use character of the locality by enabling additional shop-top residential development housing without compromising the amenity of surrounding residential area in accordance with the Randwick City Plan and the Randwick LEP 1998.

 

Relationship to City Plan

 

The relationship to the City Plan is as follows:

 

Outcome 12:               Excellence in urban design and development – The proposal has a good architectural quality in that it maximises the potential of the subject site in the context of the existing surrounding development whilst minimising impacts on adjoining and nearby residential properties.

Direction 4a &

associated key action:  Improved design and sustainability across all development – The proposal will achieve a good design in conjunction with a significant sustainable outcome for the proposed development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR standard. A SEPP No.1 objection in relation to this variation has been submitted with the application and considered to be well founded in the circumstances. In particular, the proposal has a new second level addition that complies with the maximum building height control of 12m resulting in a building that will not be visually intrusive and will not read as an over development of the subject site. The breach in the FSR standard does not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. Additionally, the resultant height, bulk and scale of the proposed development will match the form, proportion and style of the existing building and remain consistent with the existing scale and character of development in the immediate streetscape along Clovelly Road.

 

The shortfall in the numerical car parking requirement of the DCP – Parking amounts to 3 car spaces which is considered minor and has been adequately justified in relevant sections of this report. In view of these justifications, refusal of the development application is not warranted.

 

The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and views.

 

The recommendation is for approval of the application subject to conditions.

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/405/2011 for the alterations and additions to existing mixed-use building including new second floor containing 2 residential units at 220 Clovelly Road, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

 

1.       The development must be implemented substantially in accordance with the plans numbered HAR-01, HAR-02 and HAR-03 Revision B, and all dated 05/04/2012 and stamped received by Council on 1 May 2012, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

BASIX Certificate

No.

Dated

 

378682M

28 May 2011

 

and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

       

3.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority, prior to issuing a construction certificate.

 

The following condition is applied to meet additional demands for public facilities:

 

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 471.735.00

1%

$4,717.35

 

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

 

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

 

Consent Requirements

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

 

Long Service Levy Payments

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

 

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

 

           Structural Adequacy

10.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of a construction certificate, certifying the structural adequacy of the existing structure to support the proposed works.

 

Stormwater Drainage

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

 

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

 

12.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage by gravity (without the use of a charged system).

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

8.       In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

9.       In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

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

 

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.

 

12.     Any metal roof sheeting is to be pre-painted and form part of the colour scheme and external finishes for the development. The reflectivity index of materials used in the external façade of the development must not exceed 20 percent.  The details and samples of the materials to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of City Planning, prior to the commencement of works.

 

Certification and Building Inspection Requirements

 

13.     Prior to the commencement of any building work, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

14.     Prior to the commencement of any building works, the person having the benefit of the development consent must:

 

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

·       appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

·       notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

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

 

Sydney Water

15.     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

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

 

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

 

Construction Traffic Management

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

 

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

 

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

 

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

 

a)     commencement of any site work [or]

 

b)     a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Building regulation and construction site management

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

 

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

 

Inspections during Construction

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

 

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

 

         Fire Safety

22.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety:-

 

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

 

Restrictions on Hours of works

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

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

 

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

 

1)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

2)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

3)     A sign must be provided and maintained in a prominent position, which contains the following details:

 

·         name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

 

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

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council.  For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Building & Demolition Work Requirements

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Requirements, Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997

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

·            DECC/EPA Waste Classification Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

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

 

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

 

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

 

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

 

Building Encroachments

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificate Requirements

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

 

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

 

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

 

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

 

30.     The existing levels of fire safety and amenity within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate or strata subdivision certificate:

 

a)       The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of clause 94 of the Environmental Planning and Assessment Regulation 2000 and a report prepared by a suitably qualified person or accredited certifier is to be submitted to and approved by Council’s Manager of Environmental Health and Building Services, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979.

 

The fire safety report must detail the measures considered appropriate to satisfy the relevant deemed-to-satisfy or performance requirements of the Building Code of Australia, to protect persons using the building, and to facilitate their egress from the building in the event of fire and to restrict the spread of fire.

 

The fire safety upgrading works are to be included in the construction certificate and be implemented prior to occupation of the new building or part and written confirmation is to be provided to Council accordingly.

 

Structural Certification

31.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the building.

 

Occupant Safety - Windows

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Council’s Infrastructure, Vehicular Crossings, street verge

33.     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.

 

34.     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.

 

35.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

 

Waste Management

38.     Waste Management provisions must be implemented in accordance with the Waste Management Plan submitted with the development application (Prepared by SPD Town Planners dated 26th June 2012), subject to the following amendments:

§ Waste bin areas open to the sky are not permitted to be drained to the sewer as this is in breach of Sydney Water requirements.

§ Only 4 x 240L bins consisting of 2 x 240L garbage & 2 x 240L recycling are required for the residential component of the development.

 

OPERATIONAL CONDITIONS

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

 

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

 

Environmental Amenity

39.     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.

 

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

 

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

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

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

 

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

 

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

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

A2      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

Nil

 


Report – 13 November 2012

Attachment 2

 

 

 

Development Application Report No. D89/12

 

 

Subject:                  220-220A Clovelly Road, Randwick (DA/405/2011)

Folder No:                   DA/405/2011

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

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

 

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

 

“(Stevenson/Woodsmith) that the application be deferred for mediation.”

 

2.      Issues

 

2.1    Mediation Issues

A mediation between the parties was held on 17 October 2012 and an agreement was reached between the three objectors and the representative of the applicant in attendance to the following outcome:

 

§ That the applicant agrees to reduce the height of the parapet by 100mm.

 

The mediation notes added the following comments: 

 

“The objectors maintain that it is a step in the right direction although it remains unclear whether the building will meet the same RL as the building next door. The objectors maintain that it (the proposed building) does not address the streetscape or the direct neighbour to the west. Objector from 1A Mount Street maintain that the assessment of the shadow impact is incorrect”

 

While an agreed mediation outcome has been achieved, the concerns raised by the objectors in the mediation process are addressed in the section below.

 

2.2    Assessment of Mediation Issues

 

2.2.1          Height, bulk and scale

The reduction in the parapet height by 100mm, while numerically minor in nature, will assist in further reducing the height and visual bulk and scale of the proposed building. The reduction will effectively reduce the relative level of the parapet wall from RL 78.33 to RL 78.23. In terms of relative levels to AHD, the overall height of the proposed development with the new top floor level (at maximum RL 78.330) will not be inconsistent with the height of the adjoining building at No 218 Clovelly Road (at maximum RL78.180) and will be lower than the maximum height of the 4 storey mixed used development at No. 210-212 Clovelly Road which has a maximum RL 78.43). Additionally, as indicated in the original DA assessment, the proposed bulk and scale will sit well in the overall streetscape as the proposed built form will act as a complementary eastern “book-end” to the local shopping strip on the southern side of Clovelly Road in counter position to the western “book end” already provided by the 4 storey mixed use development at 210-212 Clovelly Road.

2.2.2   Impact of streetscape and building to the west at No 218 Clovelly Road

As indicated in the original DA assessment, the proposal has responded adequately  to its corner position in the Clovelly Road streetscape and, in particular, will not be visually intrusive or overbearing upon the adjoining western neighbour at No 218 Clovelly Road. Overall, the proposed development will not read as an overdevelopment in the existing streetscape and locality given its complementary height to existing buildings in the Clovelly Street streetscape. Rather the additional height assists in reinforcing the corner location with a design and built form supported by the SEPP 65 Design Review Panel as reflected in the Panel’s comments in April 2012 :

 

“This (amended) proposal differs in that it brings forward the extra height to the north boundary.  The Panel considers this response is correct as it is a corner site on two important roads, Mount Street and Clovelly Road, and the Mount Street footpath is particularly wide at this junction.  There are no negative shadow impacts from the extra floor area on the north.”

 

2.2.3   Loss of sunlight

A resident and objector in No 1A Mount Street who participated in the mediation has raised concerns about the adequacy of the original DA assessment of the shadow impact on No. 1A Mount Street. The assessment of the shadow impact of the proposed development has been adequately undertaken by the planning assessment officer and found to be satisfactory. However, to further confirm that the shadow impact, especially on the objector’s property at No 1A Mount Street, are reasonable and acceptable, the following additional assessment is made:

 

·      The shadow diagrams provided by the applicant are considered accurate and adequate in showing the shadow impacts on the west facing windows of No 1A Mount Street. These details confirm that the proposal largely does not create overshadowing upon No 1A Mount Street prior to 3:00 pm. Additional overshadowing will only begin to creep up the west-facing wall and affect the ground floor units of No1A Mount Street at 3:00pm rising to the windows of the floors above well after 3:00pm, not unlike the shadows casted by the existing building albeit at a slightly later time.

 

·      While the increase in overshadowing occurring after 3:00pm are considered significant impacts by the owners of the affected units in No 1A Mount Street, given that solar access to these west facing units only occurs after 12 midday, this overshadowing impact occurs as a natural consequence of the north-south orientation of the subject site in relation to the obejctor’s property (that is, the proposed shadow shifts from west to east). In much the same way, the objector’s property suffers naturally from the fact that the west facing living room windows in No 1A Mount Street are naturally in the shadow of its own building in the winter morning. The additional overshadowing impact is a direct and natural consequence of the orientation of the subject site rather than an inappropriate building design especially given that the proposed building has been designed to comply with the maximum building height standard. 

 

·      While the proposal exceeds the maximum permissible FSR of 1.5:1 with a proposed FSR of 1.97:1 (483 sqm), the proposal will have a building height (11.3m at maximum RL 78.230 to roof parapet) which complies with the maximum building height standard of 12m under the Randwick LEP 1998.  Accordingly, the new second floor level that generates the minor overshadowing of No 1A Mount Street is contained within an overall building height of 11.4m that complies with the 12m building height control. Furthermore, the separation distance between the two properties provided by Mount Street road reserve is 20m which is considered generous in mitigating overshadowing impacts to a proposed building with a compliant height. Accordingly, the additional overshadowing impact upon the west facing wall of No 1A Mount Street outside of the 9:00am to 3:00pm solar access time frame, as generated by a proposal that is compliant in building height, is considered reasonable and acceptable.

 

·      The Design Review Panel, in its assessment of the proposal also concludes that the proposal will have no negative shadow impacts on adjoining properties as quoted in their comments in Section 2.2.2 above. 

 

Conclusion:

 

In accordance with Council’s resolution at its Ordinary Meeting on 14 August 2012, a mediation session was held on 17 October 2012. An agreement has been reached between the parties at the conclusion of the mediation process essentially to reduce the maximum building height at the parapet by 100mm. The application is referred back to the Planning Committee for its consideration and determination.

 

The proposal has been assessed by the planning officer as being satisfactory, and will not result in unreasonable impacts on the streetscape and the amenity of the adjoining and surrounding residential properties.

 

In view of the above, it is recommended that DA/405/2011 be approved. A condition requiring the parapet wall to be reduced by 100mm to RL 78.23 as per the mediation agreement will be added to the conditions of consent as originally proposed.

 

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/405/2011 for the alterations and additions to existing mixed-use building including new second floor containing 2 residential units at 220 Clovelly Road, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans numbered HAR-01, HAR-02 and HAR-03 Revision B, and all dated 05/04/2012 and stamped received by Council on 1 May 2012, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

BASIX Certificate

No.

Dated

 

378682M

28 May 2011

 

and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

       

3.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority, prior to issuing a construction certificate.

 

The following condition is applied to meet additional demands for public facilities:

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 471.735.00

1%

$4,717.35

 

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

 

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

 

Consent Requirements

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

 

Long Service Levy Payments

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

 

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

 

           Structural Adequacy

10.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of a construction certificate, certifying the structural adequacy of the existing structure to support the proposed works.

 

Stormwater Drainage

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

 

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

 

12.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage by gravity (without the use of a charged system).

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

8.       In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

9.       In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

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

 

Building & Design

12.     The maximum height of the building along the parapet shall be reduced by 100mm to RL78.23.  Details are to be included in the plans/specifications for the construction certificate.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

13.     Any metal roof sheeting is to be pre-painted and form part of the colour scheme and external finishes for the development. The reflectivity index of materials used in the external façade of the development must not exceed 20 percent.  The details and samples of the materials to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of City Planning, prior to the commencement of works.

 

Certification and Building Inspection Requirements

 

14.     Prior to the commencement of any building work, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

15.     Prior to the commencement of any building works, the person having the benefit of the development consent must:

 

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

·       appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

·       notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

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

 

Sydney Water

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

 

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

 

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

 

Public Utilities

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

 

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

 

Construction Traffic Management

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

 

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

 

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

 

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

 

a)     commencement of any site work [or]

 

b)     a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Building regulation and construction site management

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

 

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

 

Inspections during Construction

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

 

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

 

         Fire Safety

23.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety:-

 

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

 

Restrictions on Hours of works

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

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

 

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

 

1)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

2)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

3)     A sign must be provided and maintained in a prominent position, which contains the following details:

 

·         name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

 

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

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council.  For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Building & Demolition Work Requirements

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Requirements, Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997

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

·            DECC/EPA Waste Classification Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

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

 

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

 

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

 

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

 

Building Encroachments

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificate Requirements

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

 

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

 

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

 

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

 

31.     The existing levels of fire safety and amenity within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate or strata subdivision certificate:

 

a)       The existing levels of fire safety within the premises are to be upgraded to achieve an adequate level of fire safety in accordance with the provisions of clause 94 of the Environmental Planning and Assessment Regulation 2000 and a report prepared by a suitably qualified person or accredited certifier is to be submitted to and approved by Council’s Manager of Environmental Health and Building Services, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979.

 

The fire safety report must detail the measures considered appropriate to satisfy the relevant deemed-to-satisfy or performance requirements of the Building Code of Australia, to protect persons using the building, and to facilitate their egress from the building in the event of fire and to restrict the spread of fire.

 

The fire safety upgrading works are to be included in the construction certificate and be implemented prior to occupation of the new building or part and written confirmation is to be provided to Council accordingly.

 

Structural Certification

32.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the building.

 

Occupant Safety - Windows

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

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

 

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

 

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

 

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

 

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

 

36.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

 

Waste Management

39.     Waste Management provisions must be implemented in accordance with the Waste Management Plan submitted with the development application (Prepared by SPD Town Planners dated 26th June 2012), subject to the following amendments:

§ Waste bin areas open to the sky are not permitted to be drained to the sewer as this is in breach of Sydney Water requirements.

§ Only 4 x 240L bins consisting of 2 x 240L garbage & 2 x 240L recycling are required for the residential component of the development.

 

OPERATIONAL CONDITIONS

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

 

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

 

Environmental Amenity

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

 

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

 

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

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

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

 

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

 

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

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

A2      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

 

 

Attachment/s:

 

1.

DCP Report of 14 August 2012

 

 

 


Ordinary Council                                                                                               26 February 2013

 

 

Director City Planning Report No. CP2/13

 

Subject:                  86 Dudley Street, Coogee (DA/452/2010/D)

Folder No:                   DA/452/2010/D

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96AA Modification to approved development to enclose the rear balcony to unit 6, increase the depth of the side balcony to unit 6 and install highlight windows to the eastern side of the building to units 2 & 4

Ward:                      East Ward

Applicant:                Brenchley Architects

Owner:                         Solitarii Developments

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

This Section 96AA modification is referred to Council as the original application was determined by Council.

 

The original application was approved by the Land and Environment Court on a Class 1 appeal in Solitarii Developments Pty Ltd v Randwick City Council (2010) NSWLEC 10968 on 28 June 2011 subject to conditions.

 

The approved development involves the demolition of the existing dwelling and construction of a three storey residential flat building in 2 separate but connected wings comprising 6 x 2 bedroom units, landscaping and basement parking for 8 vehicles accessed from Dudley Street.

 

The modification details the enclosure of the rear balcony off unit 6, increase the depth of the side balcony of unit 6 and install high light windows to the eastern side of the building to units 2 & 4.

 

The proposed modification will give rise to additional adverse amenity impacts to the adjoining properties and is recommended for refusal.

 

2.    The Proposal

 

The application seeks consent to modify the approved development in the following manner;

 

a)     The rear balcony of unit 6 is to be enclosed to provide for additional living area off the existing dining and living area, which will provide for an additional 10m² of floor area to that dwelling.

b)     The terrace to the eastern side of unit 6 is to be increased in depth by 700mm.

c)     Highlight style windows are to be installed to the eastern wall of the building to serve the living rooms of units 2 & 4.

 

3.    The Subject Site and Surrounding Area

 

The site is on the southern side of Dudley Street between Brook and Alexander Streets Coogee. The site has an area of 692m² and has a 10.93m frontage to Dudley Street. The site has a slight fall from the rear to street. The locality is residential in nature and contains a mixture of residential flat buildings and semi detached and free standing dwellings.

 

4.    Site History

 

The original application was approved by the Land and Environment Court on a Class 1 appeal in Solitarii Developments Pty Ltd v Randwick City Council [2010] NSWLEC 10968 on 28 June 2011 subject to conditions.

 

This application has also been the subject to two previous Section 96 application;

 

-      DA/452/2010/A, which amended the internal configuration of the building, reduced the western side boundary setback, modified the size and location of terraces, window openings on east and west elevations and roof design. That application was approved at the Council Planning Committee meeting of 6 December 2011.

 

-      DA/452/2010/B, which realigned internal walls of the basement garage and provided for one additional parking space. That application which was a Section 96 1A modification was approved under delegated authority on 18 January 2012.

-      DA/452/2010/C, which detailed the realignment of the driveway crossing to avoid the existing power pole in the street. That application approved by Council on 12 February 2013.

 

5.    Community Consultation

 

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

 

Issue

Comment

88 Dudley Street Coogee

-      There is no letter of support provided by them, as is stated in the information accompanying the application.

 

-      The description of the building is incorrect with the previous modification to the approval which increased the area of the study now providing for three bedrooms instead of the approved two, and the additional floor area proposed is a continual increase to the Floor Space Ratio. There is some confusion in relation to the actual and permissible Floor Space Ratio and that approved by the Land and Environment Court.

 

 

-      The new windows to the living rooms of units 2 & 4 will allow more noise into the adjoining properties.

 

 

 

 

 

 

 

 

 

-      The enclosure of the rear balcony of unit 6 will lead to people using the enlarged balcony to the side of that unit which will affect the properties on the eastern side of this site in relation to noise and overlooking.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-      The development is totally inappropriate for the site.

 

3/4 Alexander Street Coogee

-      The proposal will result in a significant increase in the visual bulk and density of the building.

 

 

 

 

 

 

 

 

 

 

-      There will be a further increase in the Floor Space Ratio of the building which already exceeds the allowable for the site, which will lead to further amenity loss to all the apartments in their building.

 

 

-      The enlargement of the eastern side balcony will lead it being used as the primary outdoor space, as the rear balcony is to be enclosed, which will lead to a significant privacy loss into their primary living areas.

 

 

 

 

 

 

 

 

 

-      The proposed solid hanging planter is outside the previously approved building setback which contributes to the visual bulk and shadow, the planter and outer limit of the building should remain within the previously approved setbacks.

 

 

-      The proposed amendments will result in additional shadows cast.

 

 

 

 

-      Any increased privacy by the enclosure of the rear balcony is negated by the increased visual bulk and density of the building.

 

-      A precedent will be set for further enclosure of other balconies to the building, or to reinstate an unenclosed balcony which will further exceed the floor space ratio, density and bulk.

 

-      Overall the proposal will result in a loss of value, privacy and general amenity to their dwelling and surrounds.

 

 

 

 

 

Noted.

 

 

 

 

The Floor Space Ratio of the building as originally approved was 0.78:1, which was increased under a previous modification, DA/452/2010/A to 0.85:1. This proposal increases the FSR by a further amount of 10m², and is now 0.87:1, See additional comments below in the DCP assessment section. Also, it is noted that matters relating to studies in the units possibly being used as an additional bedroom was dealt with in a previous modification application and is not directly relevant to the assessment of this particular application.

 

The two new highlight windows have sill heights of 2m, are not large and open to less than half of the area of the window. It is not considered that highlight windows of this design will result in any significant noise to the adjoining properties as the open area of the windows in comparison with the dimensions of the rooms they serve is less than 4% of the floor area of the living rooms. 

 

The increased depth of the balcony will result in an additional 7m² of area to the balcony. The modified balcony includes planters to the eastern side of the balcony. It is considered that the enclosure of the rear balcony and enlargement of the balcony to the eastern side of the building will increase the potential for adverse impacts upon the amenity of the adjoining residents, particularly the adjoining properties in Dudley and Alexander Streets which have their rear yards adjoining the side boundary of the subject property. The amenity impacts include not only visual and acoustic privacy impacts but also the additional bulk that will be evident from the adjoining properties which in combination with the reduced side setbacks will increase the visual bulk of the building. 

 

The proposed modifications is recommended for refusal.

 

 

The enclosure of the rear balcony to unit 6 in combination with the enlarged side balcony and planters will result in an increase in the visual bulk of the building. The approved open balcony, which is the subject of this modification, is only partially enclosed, and the enlarged balcony to the eastern side of the building which includes a planter box which cantilevers from the edge of the balcony is now closer to the side boundary.

 

The increased floor area of the building is 10m², which in combination with the additional bulk, reduced boundary setbacks to the building and increased potential for overlooking will result in additional amenity impacts to the adjoining residents.

 

The increased depth of the balcony will result in an additional 7m² of area to the balcony. The modified balcony includes planters with screen planting with an effective height of up to 1.5m to the eastern side of the balcony. The enlarged balcony in combination with the enclosed rear balcony results in the outdoor living area of that dwelling being wholly to the eastern side of the building which will have an impact upon the adjoining properties in Dudley and Alexander Streets as they have their private rear yards adjoining the side boundary of the subject property.

 

The planter overhangs the external face of the building by 600mm. The position of the planter box arises wholly because of the proposed enlarged balcony.  As stated above the reduced setback of the building will result in a building that is larger and closer to the side boundary from that approved.

 

The modifications are largely within the approved envelope of the building and will not result in any significant additional overshadowing to the adjoining properties.

 

As noted above, the enclosure of the approved partially open balcony will increase the visual bulk and density of the building.

 

Any future applications for this development, if any, will also be subject of a detailed merit based assessment.

 

 

 

 

The proposed modifications to the approved development will result in additional amenity impacts to the adjoining properties and the locality.

 Any impact of development upon property values cannot be assessed by Council as it does not fall within the relevant assessment criteria for development as defined in Section 79C of the Environmental Planning and Assessment Act, 1979.

 

6.    Section 96 Amendment

 

Section 96AA) of the Environmental Planning and Assessment Act, 1979, states that a consent authority may on application being made by the applicant or any other persons entitled to act on a consent granted by the Court and subject to an in accordance with the regulations, modify the development consent if:

 

(a)    it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

 

(b)    it has notified the application in accordance with:

 

(i)    the regulations, if the regulations so require, and

(ii)    a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

(c)    it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and

 

(d)    it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The proposed modifications are considered to result in a development that remains substantially the same as the development for which the consent was originally granted. Council’s notification procedure has been carried out in accordance with the relevant policy.

 

7.    Relevant Environmental Planning Instruments

 

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

 

The site is zoned 2C under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The proposal does not satisfy the objectives of Clause 12 of the LEP, Residential 2C Zone, in the amenity of the existing residents will not be protected.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

The proposal is not consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will not enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

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

Not applicable

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

The proposal does not satisfy the preferred solutions or performance requirements in the DCP Multi Unit Housing.

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.

 

 

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

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

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

 

The submissions received have been considered as part of this report.

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

The proposal does not promote the objectives of the zone and will result in significant adverse environmental impacts on the locality. Accordingly, the proposal is considered not to be in the public interest.

 

 

8.1    Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Building Setbacks

P2  Side boundary setbacks

Side setbacks to ensure:

 

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

The only alterations to the existing side boundary setback of the building is that the enlarged balcony to unit 6 now includes a planter box which overhangs the edge of the balcony by 600mm and is not as originally proposed wholly within the envelope of the terrace. This planter box has a setback of 2400mm from the eastern side boundary for a distance of 7m, in comparison with the original setback of 3m for that portion of the balcony.

 

 

The reduced setback of the planter to the balcony arises because of the increased depth of the balcony. The increased depth of the balcony and reduced setback from the side boundary will result in additional impacts to the adjoining properties with regards to increased potential for overlooking and the additional visual bulk of the building.

Density

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

The proposal will result in an increase to the approved FSR, of 10m², which is to the rear upper level balcony of unit 6. The enclosure of the rear balcony will result in additional bulk to the building as the rear portion of the building as approved provided for an open balcony with partial enclosures to the sides. As well as providing for an area of open space to that dwelling the open balcony breaks up the visual bulk and reduces the apparent bulk and scale of the building as viewed from the rear.

The proposed enclosure of the rear balcony is not supported as it will alter the approved appearance, bulk and scale of the building especially as viewed from the east and western side.

Landscaping and Private Open Space

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

The modified development continues to provide adequate areas for outdoor recreation which can be easily accessed from the living areas of each unit.

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

 

S6 Minimum of 8 m2 and minimum dimension of 2 metres.

The modifications will continue to provide for balconies and terraces to the building.

Privacy

P1  Visual Privacy

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

 

 

P2 Private open space design and location ensure privacy.

S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

The two new windows within the eastern side of the dwelling which serve the living areas of units 2 & 4 have are of high light style and have sill heights of 2m. The sill height of those windows will prevent any direct overlooking into the adjoining properties.

In relation to the proposed enclosed balcony, the enclosure will improve the level of privacy from that part of the building. However, any improved privacy from that balcony is negated by the additional loss of privacy from the enlarged balcony to the eastern side of the building.

 

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

The modifications are all largely within the existing approved envelope of the building and will not result in any significant additional overshadowing to the adjoining properties.

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

 

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

 

Zoning: R3 Medium residential.

Is development permitted under zoning?

Development for the purpose of multi dwelling housing is permitted with consent.

The approved application details the demolition of the existing building and erection of a new multi dwelling housing development.

 

Yes

Floor Space Ratio (Maximum)

0.9:1

The proposed modification increases the FSR to 0.86:1.

Yes

Height of Buildings

12m

No change to approved height of building.

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is recommended that the application to modify the Development Consent be refused for the following reasons.

 

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No.452/2010 to modify the existing development consent to to enclose the rear balcony to unit 6, increase the depth of the balcony to the eastern side of the building to unit 6 and install two windows in the eastern elevation of the building to units 2 & 4 at 86 Dudley Street, Coogee for the following reasons:

 

1      The proposal does not satisfy the objectives of the 2C Zone as the proposal does not maintain the desirable attributes of established residential areas and does not protect the amenity of existing residents.

 

2.     The proposal does not satisfy the Objectives and Performance Requirements in Part 3.4 of the Multi Unit Housing DCP as the additional bulk to the building by the enclosure of the balcony to the rear of the building and enlarged balcony to the eastern side of the building does not minimise the impact of the building on nearby buildings.

 

3.     The proposal does not satisfy the Objectives and Performance Requirements in Part 4.2 of the Multi Unit Housing DCP in that the enlarged balcony to the eastern side of the building does not respect the existing levels of privacy to the adjoining and nearby properties. 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               26 February 2013

 

 

Director City Planning Report No. CP3/13

 

Subject:                  11 Liguria Street, Maroubra (DA/514/2006/C)

Folder No:                   DA/514/2006/C

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Section 96 modification of approved consent increasing the size of the rear ground floor deck with new thatched roof and privacy screen on western side of the deck, increasing the width of the building by 370mm on western side, changes to the front fence and door opening to TV room

Ward:                      Central Ward

Applicant:                Mrs G Constantinou

Owner:                         Mrs G Constantinou

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

The subject Section 96 (2) application seeks to modify the consent granted by Council at the Ordinary Council meeting on 27 February 2007. The original approval is for alterations and new upper floor addition including new ground and first floor balconies, decks to the front and rear, and new rear pool and landscaping.

 

The subject Section 96 application proposes the following modifications:

 

§ Increase the depth of the rear ground floor timber deck by 1600mm. There is no variation to the originally approved timber deck’s height (RL 37.88) or its length along the western side boundary.

§ Construct a new thatched roof over the timber deck inclusive of privacy screening/fencing on top of 1.8m high western side boundary fence. Note: The existing side boundary fence measures approximately between 1400mm and 1600mm above the height of the approved deck level.

§ Increase the width of the dwelling by 370mm on western side.

§ Increase the height of the front fence from 1500mm to 1650mm by virtue of an increase in the piers and associated infill sections.

§ Increase the size of the ground floor rear facing sliding glass door opening to TV room.

 

An objection was received from the neighbour at 9 Liguria Street and the main concerns are as follows:

 

§ The new thatched roof and additional privacy screens are not legitimately able to be considered under Section 96 of the Act,

§ The increased width to the timber deck resulting in greater potential for large groups of people to be entertained (additional visual and acoustic privacy impacts),

§ Absence of information such as difference in levels between the sites; overshadowing plans; variations from the original approved TV room doorway and modification;

 

The above issues have been considered in the assessment of this application.

 

In brief, the assessment of the application finds the following:

 

§ The thatched roof and additional screen can be considered under Section 96 of the Environmental Planning and Assessment Act (EP&A), on the basis that the original development was for substantial alterations and additions and these elements are largely ancillary structures to this development. An assessment of the visual bulk, overshadowing and view loss has found that the proposed thatched roof and associated additional screen (above a nominated 1800mm high side boundary fence) shall be deleted from the modified development on the basis that it results in significant view loss of highly valuable views (ocean interfacing with land) from the western side neighbours principle rear yard area.

 

§ The reduced setback of the dwelling from the western side boundary is minor and the configuration of the site on a north-south axis means that overshadowing is shared across neighbouring properties and an analysis of winter solstice shadows reveal that the proposed modifications would not result in adverse levels of solar access to the neighbouring properties private open spaces or north facing living room areas;

 

§ The timber deck is a private open space area that is associated with a single residential dwelling and should not result in any significant adverse amenity impacts on the neighbouring properties. The timber deck level (RL37.88) is at least 770mm below the western neighbours pool level (RL38.651 as per survey received by Council under DA/750/2005)) and a standard 1.8m high side boundary fence would be sufficient to address the noise and privacy concerns raised by the adjoining neighbour;

 

§ The TV room doorway faces the rear of the site and is adequately annotated on the notification plans;

 

Overall, the proposed modifications, as conditioned, are considered acceptable having regard to an environmental assessment of the impacts and therefore recommended for approval.

 

2.    The Proposal

 

The section 96 modifications sought include:

 

§ Increase the depth of the rear ground floor timber deck by 1600mm. There is no variation to the originally approved timber deck’s height (RL 37.88) or its length along the western side boundary.

§ Construct a new thatched roof over the timber deck inclusive of privacy screening/fencing on top of 1.8m high western side boundary fence. Note: The existing side boundary fence measures approximately between 1400mm and 1600mm above the height of the approved deck level.

§ Increase the width of the dwelling by 370mm on western side.

§ Increase the height of the front fence from 1500mm to 1650mm by virtue of an increase in the piers and associated infill sections.

§ Increase the size of the ground floor rear facing sliding glass door opening to TV room.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Liguria Street and is presently occupied by an existing single storey dwelling with a subfloor area at the rear.  The site is slightly irregular shaped and slopes steeply from the front of the site to the south east corner, with an overall height difference of 3.03m. The subject site has a frontage width of 12.19m, an eastern side boundary depth of 40.85m, a western boundary depth of 40.71m and an overall site area of 490.37sqm. 

 

The neighbouring the property to the east, 15 Liguria Street is a single storey dwelling, to the west, 9 Liguria Street, is a two storey dwelling and to the rear the property adjoins the yards of dwellings that have a battle axe frontage to Mermaid Avenue (1 and 1A Mermaid Avenue). The surrounding area is residential in character and consists predominantly of detached residential dwellings that range from 1 to 3 storeys.

 

4.    Site History

 

Development No.

Description

Determination

BA/979/1972

Additions

Approved

PL/63/2003

Pre-lodgement - first floor addition internal alterations and addition at rear of existing dwelling.

Advice provided.

DA/514/2006

Alterations and new upper floor addition including new ground and first floor balconies, decks to the front and rear, and new rear pool and landscaping

Approved at Council’s 13 February 2007 Health, Building and Planning Committee meeting.

DA/514/2006/A

Modification of the original consent.

Approved by Planning Committee Meeting on 12 February 2008

DA/514/2006/B

Section 96(1A) application flipped the pitch of the roof so that it falls from north to south as opposed to the original design which fell from south to north. The modification will not be seen from any public or private space as it is located behind the existing approved parapet.

Approved under delegated authority on 17 November 2008.

 

5.    Section 96 assessment:

 

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

 

Substantially the Same Development:

 

Section 96 of the Environmental Planning and Assessment Act 1979, states that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent and subject to and in accordance with the regulations, modify the development consent if:

 

(a)     it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

 

Comment: Consideration needs to be given to whether the proposed modifications are substantially the same as that for which consent was granted. The proposed modifications are all considered to fall within the scope of the original development in so far as they are either minor modifications or ancillary to an original consent which involved substantial alterations and additions to the building and outdoor areas. It is noted that an objection has been received calling into question the eligibility to consider the thatched roof and screen under Section 96 of the EP&A Act. On the basis of a comparison with the original approval and that proposed under this section 96, both from a qualitative and quantitative perspective, it is considered that the proposed thatched roof and associated screen are ancillary structures within the rear yard area and do not in essence change the nature of the original approval. Consequently, an assessment of the proposed modifications is required and carried out throughout this report.

 

(b)     it has notified the application in accordance with:

(i)       the regulations, if the regulations so require, and

(ii)      a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

Comment: The application has been correctly notified

 

(c)     it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and

 

Comment: The objector and surrounding properties have been notified of the proposed section 96 application. In response to the notification carried out, one letter of objection has been received from an objector to the original application.

 

(d)     it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Comment: The submission received has been considered in the assessment of the application.

 

The proposed modifications are considered to remain substantially within the scope of the development for which the consent was granted.

 

6.    Community Consultation

 

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

 

6.1      Objections

 

9 Liguria Street

Issue

Comment

We request that before any decision is made a visit to No.9 Liguria is carried out to ascertain the level of impact

Noted a site visit was conducted on Wednesday 23 January 2013.

Substantial modification of the proposal in that the degree of modifications thatched roof and screen and substantial increase to the new timber deck are outside the scope of a S.96(2) amendment pursuant to the Environmental Planning and Assessment Act.

Noted. However, the proposed thatched roof and associated privacy screen are considered to fall within the scope of what can be considered under Section 96 (2) of the EP&A Act.

An assessment of these changes has been undertaken and it is considered that they should be refused and deleted from the development on the basis of unreasonable view loss and visual bulk.

Adequacy of Notification Plans:

 

The size of the ground floor sliding door to the TV room, is not identified on the notification plans;

 

Clarification of the setback of the timber deck as the SEE says it is setback 900mm from the side boundary yet the plans show it is setback 0mm from the side boundary;

 

No details provided for the thatched roof, timber slats atop a 1800mm high fence in order to assess impacts on views, privacy and stormwater;

 

The plans fail to illustrate the levels on the site in relation to adjoining lands. This is relevant in so far as the deck is located along the side boundary and we need to assess whether the timber deck will be lower, higher or at the same level as the adjoining property.

 

The plans need to be amended to ascertain the levels and the possibility for intrusion from a 32sqm deck which also has the potential to entertain large groups of people on it.

 

 

 

 

Planting in planter boxes will provides a visual and acoustic buffer to No.9 however; there are no details on types and height of planting. A landscape plan is required.

 

 

 

 

No shadow diagrams have been submitted illustrating the impact of the new structure upon the private open space area of neighbour’s site.

 

 

 

 

 

We request that improved plans be re-notified to the public.

 

 

The notification plans adequately notate the TV room doorway

 

 

The timber deck is located along the western side boundary as originally approved;

 

 

 

The thatched roof and associated screen are to be deleted from the application. The views and privacy issues are assessed under Section 7.1 of this report;

 

The timber deck level is at least 770mm below the pool level on the objector’s site as the RL levels have been taken from the survey of the subject site (DA/514/2006) and the survey from an approved development at the objector’s site (DA/750/2005).

 

The levels ascertained from previous approvals and documentation submitted for the site and neighbours site contains sufficient information. Whilst the deck makes the area more usable, the noise associated with a deck to a single residential dwelling is unlikely to have any significant noise impacts.

 

The planter cut-outs and tubs were approved under the original; however it is considered reasonable to include a condition that limits the height of planting to a maximum of 1.6m above the deck level and that evergreen species are selected to provide an added privacy buffer.

 

The proposed thatched roof and the associated screen are to be deleted. It is noted that the additional height will cause additional overshadowing to the neighbour’s site however the level of additional overshadowing is consider minor in the context of the site and not worthy reason for refusal.

 

It is not considered that any additional details are required for Council assessment.

Privacy Impacts

Concern is raised in relation to the privacy from the 32sqm timber deck with the following properties:

 

- Elevated above the natural ground level by approximately 700-900mm;

- large open area that allows for the congregation of many people;

 

 

 

 

 

- insufficient privacy measures through the provision of horizontal slats that

do not provide visual privacy in the same manner as angled louvers; - the horizontal slats are proposed at only the top 700mm of the proposed

structure, leaving an 1800mm high open area without any structural privacy elements whatsoever.

 

 

 

 

- the deck is to be located 0 – 900mm setback from the property boundary

allowing for immediate, elevated and near views to No.9;

 

- the 3 planter boxes are not considered to be of sufficient size, area or volume to allow for the growth of plants that will provide visual privacy over a height of 1800mm and a length of 8000mm, nor will they provide any acoustic privacy at all.

 

The proposal will have an immediate impact upon the privacy capable of being enjoyed at No.9.

 

 

 

 

 

 

The timber deck level remains unaltered and the extended area of the timber deck within the site and not inconsistent with the size of deck on the objector’s property. The deck is associated with a single dwelling and is not considered to have any real potential for significant privacy impact on neighbouring properties;

 

The existing fence and associated planting (as conditioned) provide reasonable levels of privacy to neighbouring site. The 1800mm high open area is identified as a fence however as previously mentioned the existing fence is lower than 1800mm above the deck level (approximately between 1400mm and 1600mm); This existing fence is considered to provide reasonable levels of privacy to the objector’s site.

 

The setback of the rear timber deck from the western side boundary remains unaltered.

 

 

A condition is included requiring the planter tubs and cut-out areas to be planted with evergreen species to a maximum height of 1600mm. No acoustic buffer is considered necessary;

 

 

 

The privacy of neighbouring properties is considered acceptable and having regard to existing site conditions, the privacy levels of those of the surrounding area and inclusion of conditions.

 

Overshadowing will be significant

See assessment under section 7.1 of this report.

Concern is raised that the proposed hatched roof above the deck is not compliant with the Building Code of Australia and represents a fire threat to No.9. The plans are unclear; however, appear to indicate that the thatched roof will be erected along the boundary and that there is no fire management regime or protection measures proposed.

 

Noted, however an assessment against the BCA is not warranted at this stage.

Support for changes to the front fence and increase in dwelling width at western side elevation

Noted

 


6.2      Support

 

11 Liguria Street

Issue

Comment

The neighbours assertion that the proposal introduces a new timber deck is wrong

Noted

The only addition is the thatched roof the planter boxes have already been approved

Noted

The thatched roof is a natural material and its primary function is to provide shade

Noted

The land level of the neighbour’s site has been illegally raised.

A review of Council records indicates that a building certificate was issued for works to the rear of the site. Hence, assessment is carried out against the existing site conditions.

Along the neighbours pool there is 750mm wide coping that allows outlook into our site

Noted

The current side boundary fence shared with the neighbours site is lower than it should be

Noted, however in making enquiries regarding the existing side boundary fence, it appears that this has been built around one and a half years ago through consultation and general agreement between the owners of the subject site and the western neighbours site.

The neighbours site has a direct outlook into our rear yard area

Acknowledged

The visual intrusion occurs from the rear of No. 9 Liguria rather than visual intrusion from the subject site into theirs by virtue of the lower approved deck level

Noted, see further comments under section 7.1 of this report pertaining to privacy.

The rear sliding door is an existing opening whose width is sought to be retained rather than in accordance with the approved original width sought

Noted.

There is no overshadowing impact because of its location

There is additional overshadowing, however it is considered minor in the context of the site’s configuration.

Any proposed additional side boundary fence would require a new DA rather than an implicit approval implied by the neighbour

The 1800mm fence shown on the plans does not form part of the application and a condition is included to that effect.

 

7.    Relevant Environmental Planning Instruments

 

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


(a)    Randwick Local Environmental Plan (Consolidation) 1998

Clause 10 2A zone - Any development must comply with the relevant zone objectives. The proposed modifications remain consistent with the aims of RLEP 1998 and the relevant objectives of the residential 2A zone in that the proposed modifications (excluding the new thatched roof and associated privacy screen) will maintain the aesthetic character, environmental qualities and social amenity of the locality and will not result in any significant adverse environmental impact on neighbouring properties.

 

Clause 29 Foreshore scenic protection area - The Council may only grant consent referred to in subclause (2) after it has considered the probable aesthetic appearance of the proposal in relation to the foreshore. The proposed modifications will not adversely affect the “probable aesthetic appearance of the proposed building in relation to the foreshore.”

 

(b) Draft Randwick Local Environmental Plan (LEP) 2012 (Draft RLEP 2012)

 

The proposed development is not inconsistent with the general objectives, aims and provisions under the Draft RLEP 2012.

 

7.1 Policy Controls

a.   Development Control Plan Dwelling Houses and Attached Dual occupancies

 

7.1      Dwelling Houses and Attached Dual Occupancies

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

 

Objectives

Comment

3.1 Solar Access and Energy Efficiency

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

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

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

·       To encourage the use of passive solar design;

·       To protect solar access enjoyed by neighbours.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to solar access and energy efficiency.

The proposed thatched roof (associated screen) and reduced western side setback will result in additional overshadowing however it is minor and will largely dissipate over the private open spaces of the western neighbour’s site after 10:30am due to the orientation of the site on a north south axis. No north facing windows of the adjoining dwellings will be impacted by the proposed modifications.

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 proposed modifications reduce landscaping along the western side of the development however the proposal as a whole will continue to meet the preferred solutions under the DCP. There are significant amounts of landscaping retained in the rear yard and the proposal as a whole will continue to satisfy the objectives and performance requirements of the DCP in relation to landscaping and open space.

 

 

4.2 Floor Area

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

 

The proposal has 333.45sqm gross floor area and a floor space ratio of 0.73:1. The proposed modification adding 8.76sqm along the western elevation is minor and will not result in any significant adverse impacts on the amenity of adjoining neighbours.

The proposed modifications are considered to satisfy the objectives and performance requirements of the DCP in relation to floor area and will be consistent with the character of built form in proximity to the site.

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 external wall heights associated with the modifications are the same as originally approved except that the western wall is moving 370mm closer to the western side boundary.

The separation between the subject dwelling and neighbours dwelling, as indicated in the latter section of this table under building setbacks, is considered adequate and will continue to maintain reasonable levels of natural light, fresh air and amenity to the neighbouring property at No. 9 Liguria Street

The proposed modifications, except for the thatched roof and associated screen, are not considered to have any unreasonable impacts on immediately adjoining neighbours in relation to overshadowing, privacy or view loss as discussed within the body of this report.

The proposed thatched roof and associated screen have a total height of 2500mm above the approved deck level and rise to approximately 900mm and 1100mm above the existing side fence. A view loss assessment is carried out further below. The conclusion of the view loss assessment is that the proposed thatched roof and screen will result in severe loss of high quality views and therefore recommended for deletion from the development.

 

Overall, it is considered that the modifications, as conditioned, will satisfy the objectives and performance requirements of the DCP in relation to height, form and materials.

4.4 Building Setbacks

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

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

·       To maintain and enhance establish trees and vegetation

 

The proposed modification along the western elevation results in the first floor level being sited 1435mm from the western side boundary. The proposed side setback is considered to satisfy the objectives and performance requirements of the DCP in relation to building setbacks for the following reasons:

·       The variation from preferred solution is minor and with the site configured on a north south axis, it means that additional overshadowing would be shared across both side neighbours and not to the detriment of any single neighbour.

·       The level of solar access and natural light, fresh air (ventilation) and outlook will not be appreciably impacted by the reduction in side setbacks.

4.5 Visual and Acoustic Privacy

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

 

The modifications that have the potential for privacy impacts are associated with the following modifications:

 

·       Increase in width of the sliding doorway to the TV room in the rear elevation;

o No objections to this modification as the outlook is to the rear of the site

·       Increase width of the timber deck in the rear yard:

o The proposed increase into the width of the timber decks is considered to satisfy the objectives and performance requirements for Privacy under the DCP for the following reasons:

§ The timber deck is sought to be extended within the site. There are unlikely to be any significant privacy impacts in so far as the level of the timber deck is not changing from that originally approved;

§ The timber deck is used in association with a single residence and which means it is not likely to be the significant source of noise nuisance;

§ The timber deck was originally and is still considered a reasonable response to the existing site conditions which fall away to the rear of the site;

§ The existing fencing has a height of between 1.4m and 1.6m above the approved deck level;

§ The approved development at No. 9 Liguria Street has a rear yard level higher than the subject sites and the outlook from the timber deck would largely be directed eastwards to views of the water rather than onto the western neighbours rear yard area

§ The 1.8m high fencing shown along the western side boundary does not form part of this development and it is considered that the existing fence provides reasonable levels of privacy to the neighbours site to the west (having regard to existing levels of privacy from neighbouring sites)

Subject to recommended conditions, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to visual and acoustic privacy

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.

Subject to recommended conditions, the proposed modification to the front fence will satisfy the objectives and performance requirements of the DCP.

 

Other key issues:

 

Side boundary fencing and privacy:

The plans submitted with the application show an 1800mm high fence along the length of the timber deck; however a site visit reveals that the existing site condition shows a fence between 1400mm and 1600mm (approx.) above the approved timber deck level. It is also understood that the existing fence has been constructed in consultation between the owners of both sites and been scaled back on the basis of view loss issues. Whilst the existing fencing is lower than an 1800mm high side boundary fence above the finished timber deck level, it is nonetheless considered that the existing fence provides reasonable levels of privacy to the western neighbour’s private open space on the basis of the following:

 

§ The topography of the subject site and surrounding sites, falling from west to east and from north to south means overlooking into rear yard areas and dwellings generally occurs across most of these sites;

 

§ Rear yards of sites along this side of Liguria Street have been filled to make their rear yard areas more usable and to take advantage of water views across to the east and south east and that this in itself causes some additional levels of overlooking;

 

Photo 1: View towards the western side boundary towards No. 9 Liguria Street

 

§ The original approved timber deck level and length remains unchanged. The proposal seeks to extend the approved deck towards the middle of the subject site;

 

§ Noise associated with the use of private open space to a single residential dwelling is not considered to be a potential source of inappropriate or excessive noise;

 

§ The outlook from the timber deck would for most part be over to the east taking in and enjoying the district and water views rather than towards the western neighbour’s side where the existing fences provide a screen buffer of between 1400mm and 1600mm.

 

§ There are substantially greater views into the neighbour’s rear yard area from other parts of the subject site such as the side passageway and elevated rear deck and balcony areas;

 

§ The approved development has landscaping along the western edged of the timber deck area providing some more privacy buffers;

 

§ The neighbour’s site at No. 9 Liguria Street has a more extensive view into the rear yard of the subject site with only a 1300mm clear glass pool fence along the side boundary shared with the subject site with a lower solid fence behind as shown in the photos below:

 

Photo 2: view towards the southern side along the side boundary shared with No. 9 Liguria Street.

 

Photo 3: view from ground level balcony of No. 9 Liguria Street towards the subject site

 

Overall, it is considered that the level of privacy impact to the neighbouring sites is not unreasonable as the level of overlooking from the timber deck is minor and overlooking into each neighbour’s rear yard areas is largely tolerated on the basis that the views across the eastern side boundaries of the properties are more highly valued. On this basis, it is considered reasonable to include a condition that indicates that no approval has been granted for the 1800mm high side boundary fence.

 

View sharing

View loss has been considered against the applicable 4 step process provided by the Land and Environment Court Planning Principle established in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140:

 

Quality of Views:

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

 

Assessment:

Interfacing land and ocean views are obtained from the principle private open space “rear yard” of No. 9 Liguria Street. This sea view is approximately 130 metres away from the affected site. The sight–lines are across the side boundary over the rear yard of the subject site. The sea and land views are considered to be highly valuable given their proximity, the rear yards are a principle area of private open space and the views are wide scale views of the Lurline Bay inlet (see photos below).

 

Rear yard of No. 9 Liguria Street

 

Standing view (note: height poles placed on subject site)

Sitting view from rear of 9 Liguria Street

 

2. Reasonable Expectation of View Retention:

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Assessment:

The sitting and standing views are obtained from the rear yard of the western neighbour’s site at No. 9 Liguria Street across the rear yard of the subject site at No 11 Liguria Street. There is very high degree of expectation that views from these parts of the site should be retained on the basis that the views from most sites along this side of Liguria Street have views across the rear boundaries of their eastern neighbour’s rear yard areas. No other obstructions to the view from the rear of No. 9 Liguria Street are observable; most rear yards along this stretch of Liguria Street do not contain any significant structures within rear yards that would obstruct views (other than vegetation); both standing views and sitting views would be lost as a result of the proposed development.

 

3. Extent of Impact:

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Assessment:

Rating: The proposed thatched roof pergola and associated screen would block out most if not all of the sea and land view (identified in point 1 above) from the rear yard and pool area. This is considered deserving of a devastating impact to the views given the following circumstances of the case:

 

·      The original approved development already assessed the view sharing principle where it was found that there would be a loss of views from the neighbours dwelling at No. 9 Liguria Street with a fair sharing of views being maintained overall particularly from the rear of the dwelling. The views from the rear yard were assessed as being retained in totem and considered reasonable.

 

·      There are no significant structures in the rear yards of properties along this side of Liguria Street,

·      This part of the neighbour’s site would be used on a regular basis for recreational use;

·      The sea and land view is in close proximity to the affected site;

 

4. Reasonableness of Proposed Development:

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Assessment:

The proposed structure/s in the rear yard is considered unreasonable on the basis on the following:

 

·      The proposed thatched roof and screen will effectively block most if not all of a highly valued view (shown in the photos above);

·      This type of view is generally the same type of view obtained from the rear yards of both the rear yard of the subject site as well as the rear yards of other sites along this side of Liguria Street;

·      The applicant’s contention that the proposed thatched pergola roof and associated screen are for improving shade and privacy respectively to the subject site is unreasonable given the context of the surrounding sites means that it is extremely difficult to achieve this as shade can be provided by a much lower structure and in terms of privacy there are multiple points in which there is an outlook into each others rear yard areas

 

Overall, it has been concluded that the proposed is not considered to satisfy the principles of a fair sharing of views and therefore conditioned to be deleted from the development.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

Not applicable

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design.

Direction 4(b):   Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The modifications proposed as part of this application remain substantially within the scope of the nature of the approved development. The likely impacts of the modifications have been considered in accordance with Section 79C of the Act, the provisions of Randwick LEP 1998 (Consolidation) and the Dwelling Houses DCP. It has been demonstrated that the proposal generally complies with the statutory controls and the relevant aims and objectives of the planning instruments and policy controls. However, an assessment of view loss associated with the proposed thatched roof over the rear elevated timber deck and proposed extension is rated as devastating and an unreasonable development and cannot be supported.

 

Approval of the modifications, subject to the deletion of the thatched roof and associated screen, will not result in any significant environmental impact and will not detract from the integrity of the development.

 

It is, therefore, considered that the modifications to the original development consent are reasonable and recommended for approval.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/514/2006 for permission to modify the approved consent increasing the size of the rear ground floor deck with new thatched roof and privacy screen on western side of the deck, increasing the width of the building by 370mm on western side, changes to the front fence and door opening to TV room for 11 Liguria Street, Maroubra in the following manner:

 

§ Amend Condition No. 1 to read:

1.       The development must be implemented substantially in accordance with the plans numbered 06/0015-1B, 06/0015-2B, 06/0015-3B and 06/0015-4B, dated 18 November 2006, and received by Council on 4 December 2006, the application form and on any supporting information received with the application, as amended by:

 

§  The Section 96 “A” plans drawn by Archman Design Services, numbered 06/015B S96 and received by Council on 28 November 2007, and the plan numbered 06/015B S96 and received by Council on 7 December 2007,

 

§  The Section 96 “B” plan numbered 08/11GNC, dated 13 November 2008 and received by Council on 13 November 2008, and

 

§  The Section 96 “C” plans numbered 06/0015-1C, 06/0015-2C, 06/0015-3C and 06/0015-4C, dated 3 December 2012 and received by Council on 5 December 2012,

 

only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 applications, except as may be amended  by the following conditions and as may be shown in red on the attached plans

 

§ Add the following Conditions:

61.     The proposed thatched roof and additional screen along the western side boundary shall be deleted from the development.

 

62.     The planter cut-outs and planter tubs provided on western side of the timber deck must be suitably waterproofed and drained to the approved on–site drainage system. The planting shall be located to provide an added privacy buffer to the western side neighbours rear yard area and maintained to a maximum height of 1600mm above the deck level. The planting within the planter shall be restricted to those species of a hardy evergreen species, of dense foliage with low water and maintenance requirements. Provision must be made for continued maintenance of the plant species to ensure survival; The plants must be installed prior to an occupation certificate being issued for the development.

 

63.     The 1800mm high western side boundary fence adjacent to the rear timber deck as shown on plan number 0600153C and received by Council on 5/12/2012 must be deleted.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               26 February 2013

 

 

Director City Planning Report No. CP4/13

 

Subject:                  94 Marine Parade, Maroubra (DA/689/2012)

Folder No:                   DA/617/2012

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Addition of new third level to existing mixed use building containing, bedrooms, bathrooms for existing units, internal alterations to level 1 plus additions of balconies addition of external louvres and changes to windows, alterations to ground level cafe including new awning, signage, new bin enclosure and car port at rear

Ward:                      Centre Ward

Applicant:                Dunn Architects

Owner:                         Mr A Fedele & Mrs M Fedele

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.      Executive Summary 

 

The subject proposal is referred to Council for determination as it has a development that involves variation to the FSR and landscape area development standard in excess of 10%. 

 

The subject application is for the addition of a new third level to an existing mixed use building containing, bedrooms, bathrooms for existing units, internal alterations to level 1 plus additions of balconies addition of external louvres and changes to windows, alterations to ground level cafe including new awning, signage, new bin enclosure and car port at rear.

 

The subject site and the adjoining site at No 96 Marine Parade share an existing development consent (DA/257/2008 granted on 22 January 2009) for a new 4 storey building with basement parking for 6 cars, café at ground level and 3 apartments above for the subject site. The current application only seeks to develop the subject site.

 

The proposal has an FSR of 1.32:1 which varies from the maximum 0.65:1 FSR standard applicable for sites up to 700 sqm in Residential 2C zones under the Randwick LEP 1998. The amended proposal also has a minimum landscaped area of 20.5% which varies from the minimum landscaped area standard of 50% for Residential 2C zones under the Randwick LEP 1998.

 

A State Environmental Planning Policy No. 1 (SEPP 1) has been lodged in support of the variation to the FSR and landscaped area standard.  The SEPP 1 Objections have been assessed and found acceptable as the resultant maximum wall and building height of 10m will comply with the maximum 10m wall height and 12m building height control; the bulk and scale of the proposed development is consistent with the existing scale and character of development in the immediate mixed use streetscape along Marine Parade which is predominantly comprised of 3-4 storey developments. Additionally, the top floor addition will be well integrated into the existing built form such that the overall development will be consistent in height bulk and scale to that of existing residential flat developments along Marine Parade. The proposal also has a significantly lower height, bulk and scale than a current approved development under DA/257/2008 for a new 4 storey building with basement parking for 6 cars, café at ground level and 3 apartments above for the subject site in conjunction with the adjoining site at No 96 Marine Parade. In this context, the proposal is not considered to be an overdevelopment of the subject site. Furthermore, the breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. The proposal, also, is consistent with the planning objectives for the locality and purposes of the standard.

 

The proposal does not comply with the numerical car parking requirement of the DCP – Car parking, having a shortfall of 5.4 car spaces. As discussed in the assessment section below, the existing café and residential units above currently do not have off-street car parking. Given that there will be no increase in the number of dwellings on-site under the current proposal, the existing development is considered to have a parking credit of 5 car spaces. Accordingly, the shortfall in car parking is considered reasonable and acceptable. Having regard to the moderate scale and density of the proposal and the retention and upgrade to the existing fabric of the building to enhance its presentation in the streetscape, and given the existence of good and frequent bus services on Marine Parade, refusal of the DA on the basis of a shortfall in car parking is not considered warranted.

 

Three objectors have raised issues relating to height, bulk and scale, view loss, privacy, construction traffic/parking and non-compliance with development standards. The objectors’ issues are addressed in relevant sections of this report.

 

Overall, the proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The proposal is for the addition of a new third level to an existing mixed use building containing, bedrooms, bathrooms for existing units, internal alterations to level 1 plus additions of balconies addition of external louvres and changes to windows, alterations to ground level cafe including new awning, signage, new bin enclosure and car port at rear.

 

The proposed works include:

 

Ground Floor

·              Demolition of internal walls and internal reconfiguration of the layout of the existing café including relocation of upgraded cool room and toilet

·              Minor extension of café by realigning small section of northern café wall to the existing street (The Corso) boundary

·              Provision of new bin enclosure and new carport 

 

First Floor

·              Alterations to two existing level 1 apartments involving provision of larger bathrooms, new laundry room, reconfigured kitchen and internal stairs to new floor above

·              Provision of new balcony to each apartment

 

(New) Second Floor

·              Provision of two bedrooms and bathrooms to each apartment.

·              Installation of retractable louvres to northern bedroom windows

 

3.      The Subject Site and Surrounding Area

 

The site is on the western side of Marine Pde, south of the junction with The Corso, Maroubra. The site has a frontage of 13.415m, a depth of 36.6m and an area of 245m2.   The site has a gentle east and north aspect.

 

There is a 2 storey dwelling adjoining the southern boundary at No 96 Marine Parade and a 4 storey apartment building at No. 98 Marine Parade further to the south. To the west is a 3 storey dwelling. The locality is characterised by 3-4 storey apartment buildings along Marine Parade nearby to the site. Further inland to the west, along The Corso, Sackville Street and Torrington Road, there are predominantly dwelling house developments.  Figure 1 shows street level photographs of the site. Figure 2 is an aerial view of the site and surrounding area.


 


Figure 1 - Photographs of the site

Subject site (left of photo)

Subject site (right of photo)

C:\1_WORK\PHOTOS\Marine 94\DSC07252.jpg

C:\1_WORK\PHOTOS\Marine 94\IMG_4979.jpg

 

Figure 2 - Aerial photograph of the subject site (shaded)

http://wnadm10:8084/eview/output/eview82115.png

 

4.         Relevant history

 

The building at No 94 appears on a 1942 aerial photograph of the site. Council approved a café under existing use rights in 1989. DA/257/2008 was approved on 22 January 2009 to demolish existing building and construct new 4 storey building with basement parking for 6 cars, café at ground level and 3 apartments above under a consolidated site comprising No. 94 and No. 96 Marine Parade. This development consent remains in force. Apart from DA/257/2008, Table 1 outlines other previous development applications for the site.

 

Table 1 – Development application history

Application

Description

DA/47/1989

To use existing shop as a coffee lounge/restaurant

DA/298/1996

15 seating (table and chairs) footway restaurant at the pool café

DA/298/1996/A

Sec 96 Modification - To amend Development Consent No 298/96 by extending the trading hours of the 'Pool Cafe'.

DA/298/1996/B

Section 96 - Extend existing footpath seating along The Corso and Marine Parade

DA/462/1997

To extend an existing footpath restaurant (dining area).

DA/729/2001

Extension of variation of trading hours to 8am to midnight Wednesday to Saturday 8am to 10pm Sunday

DA/113/2004

Extension of existing footpath dining area, This should be BA113/2004, error in transferring this to DA

DA/113/2004/A

Section 96(2) - Reduction in the area of the previously approved outdoor footpath dining area;, Original Consent - Extension of the existing footpath dining area

DA/862/2006

New deck to the cafe known as "Pool Cafe" located along the Corso including new pergola and side fencing

DA/257/2008

Approval granted on 22 January 2009 for demolition of existing building and construction of new 4 storey building with basement parking for 6 cars, café at ground level and 3 apartments above.

 

Clause 20F        Floor space ratios

The proposal seeks to vary a development standard contained in the Randwick Local Environmental Plan 1998 being Clause 20F - Floor Space Ratio.

 

A maximum FSR standard of 0.65:1 (for sites up to 700 sqm) is applicable to the subject site (having a site area of 245 sqm) pursuant to Clause 20F of the Randwick Local Environmental Plan 1998. The proposed development will result in an FSR of 1.32:1 (324.71 sqm).

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 20F of Randwick LEP is unreasonable and unnecessary. Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority. The principles established in Wehbe v Pittwater Council are addressed in the assessment of the applicant’s current SEPP 1 Objection:

 

Matter 1

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

 

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

 

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

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

It would be unreasonable to impose the FSR standard because the proposed development provides the additional non-compliant floorspace in a manner which does not harmfully increase the size and scale of the development and a higher FSR has already been approved for this land. The proposal does not involve any significant increase in site coverage. The proposal will enhance the environmental amenity by improving the building’s appearance, waste handling services, energy efficiency and accommodation for residents and diners. The proposal will enhance the aesthetic character of the area by providing improved finishes, symmetry, elevational articulation, planting and shape modulation. It would be unnecessary to impose this standard as the proposal adds floorspace without substantially increasing the visual impression of height.

 

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

 

·      The proposal will add to an existing mixed use development on-site which has an existing FSR of approximately 0.92:1 (226.13 sqm) and already exceeds the maximum FSR allowable under the Randwick LEP. The excess floor area, amounting to 98sqm, will be predominantly distributed to a new upper level to increase habitable and living areas of the existing two apartments on-site. This new upper floor will have a maximum external wall and building height of 10m which complies with the maximum wall height and building height controls of 10m and 12m respectively under the Randwick LEP 1998.

·      The proposal will have a height, bulk and scale that will be significantly lower than the approved development under DA/257/2008 which has a maximum building height of 13.83m and an external wall height of 11.78m. As such, the proposal will have less visual bulk and scale than the approved development especially given that the proposal will be confined to the one site at No. 94 Marine Parade whereas the approved development straddles a wider area. The effect of the reduced height bulk and scale is evident from Figure below which shows the proposed building envelope compared to the approved envelope.

 

·      In terms of relative levels to AHD, the overall height of the proposed development with the new top floor level (at maximum RL 29.8) will be only slightly higher than the existing building which has a maximum RL 29 (at top of parapet) and the existing dwelling at No 96 which has a maximum RL of 27.6 but significantly lower than the residential flat building at No. 98 which has a maximum RL of 34.5. Furthermore, the proposal occupies the same building footprint as the existing building on-site. Accordingly, the proposal will not be out of character in the existing streetscape in terms of building height, bulk and scale.

·      The proposed building will make a positive contribution to the Marine Parade streetscape and locality in that it will be upgraded and refurbished the existing mixed use building. The additional FSR improves the overall functionality of the building without demolishing or rebuilding the existing building on site. The proposal demonstrates that refurbishment of the building can achieve significant improvements to the aesthetics, amenity and environmental performance at a reasonable cost. Figure 3 shows that the top floor addition will be well integrated into the existing built form and will not be visually intrusive. In particular, the proposal’s use of a sloped metal clad roof form to replace the existing masonry roof provides an overall contemporary well-articulated and well-modulated building that not only moderates the visual bulk and scale of the proposal but also contributes to the streetscape by providing a building that is compatible in building bulk and scale as well as roof ridge levels. Furthermore, at the request of Council officer, the applicant has further increased the height of the vertical glazed openings on the second floor of the proposal to reduce the masonry elements in the retained parapet wall at the street front which, together with some additional façade changes that will be required by condition of consent if granted, will further improve the proposals environmental and building qualities.

 

 

Existing

 

Proposed

Figure 3 Integration of the new upper level roof top space with the existing retained parapet wall.

 

·      The proposal will generally maintain all existing side setbacks of the existing building. Accordingly, the proposed building will be compatible in height, bulk and scale to the existing building on-site but for the moderate extension on the new third floor level. In this context, the proposal will not appear as an overdevelopment of the subject site.

·      The proposal will be consistent with the objectives of the Residential 2C zone in which the site is located as primarily it will contribute towards the variety of housing types in the area; provides upgraded housing opportunities in a location that is highly accessible and is well serviced; is designed to ensure that no unreasonable adverse environmental impacts on adjoining properties in respect to overshadowing, visual and acoustic privacy and views; is appropriately designed to be compatible with adjacent residential developments and the existing environmental character; and will increase the housing stock within the area thus assisting in housing affordability.

·      The proposal will not compromise the amenity of surrounding residential areas in terms of privacy, solar access, views and bulk and scale impacts as indicated in relevant assessment sections of this report.

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provide that appropriately justifies that strict compliance with the development standard is 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 FSR control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because

 

·      it will have a height, bulk and scale that will not detract from the predominant existing character of its specific location containing predominantly low to medium density residential development typically older style residential flat buildings, 1970’s three to four storey walk-ups and large duplexes. 

·      it will create additional floor area that will not negatively impact upon the amenity of adjoining and surrounding uses in terms of privacy, solar access, views and visual bulk and scale impacts.

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning and there is no public benefit in maintaining the control in this instance. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal 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 standard is not 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:

Compliance would, in this case, be unreasonable to achieve the underlying objective of the standard.

 

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 maximum FSR 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, which is characterised by low to medium density residential development. 

 

Clause 20E                  Landscaped Areas

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20E of RLEP 1998, the maximum landscaped area required for development, other than a dwelling house, within Zone No 2C is 50 % (112.64 sqm) of the site area. The proposal has a maximum landscaped area of 20.5% (50.27 sqm).

 

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

 

Clause 20E   Landscaped areas

Clause No.

Requirement

Provided

Compliance

20E (2) - Landscaped Area for Zone 2B and 2C

50% of site area (or 122.64  m2)

20.5% (or 50.27 m2)

No (SEPP 1 Objection submitted)

31(3) – Landscaped Area over Basement

Max 50% of landscape  area requirement

No basement structures proposed

Yes

 

Matter 1

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

 

·      Comments:

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

 

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

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

It would be unreasonable to apply the development standard for landscaping because the development consent sought is for largely internal alterations to the existing building. Compliance with the landscaping standard would require substantial demolition of the building. To do so   deny the existing use rights the property currently enjoys. The minor increase in non-compliance due to the reduction in the landscaped area is considered acceptable as the sole purpose of this change is to accommodate waste and recycling facilities within the property boundaries. This will prevent the waste and recycling bins from being left on the footpath. It would be unreasonable not to set this improvement in amenity against and fully offsetting the non-compliance.

 

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

 

·      The proposed landscaped area will comprise entirely of deep soil area (with no areas located over a basement podium), located in the café courtyard. As such, the provision of landscaped area will be significantly enhanced as indicated in the submitted landscape plan.

·      The proposal maintains the existing landscaped area in the current development. Any further increase would require substantial demolition of the existing mixed use building. However, retention and refurbishment of this existing building as proposed will make a positive contribution to the Marine Parade streetscape and locality in that it will be upgraded to achieve a higher aesthetic quality and design than that currently exhibited by the existing building. As the existing development has a poorly maintained and unkempt rear yard, the proposal will replace this with an enhanced landscaped area which will serve as a café courtyard as well as a screening/softening element for the proposed development. On the whole, the quality of landscape provision to the site is improved by the current proposal and results in higher quality, useable outdoor space. The proposal meets the relevant objectives of the standard despite non-compliance with the statutory standard.

·      The landscape plan lodged with the application indicates an appropriate treatment which will provide a landscaped ambience for the proposed development and will also contribute to achieving appropriate privacy and separation between the street, adjoining properties, and the existing units.

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provide that appropriately justifies that strict compliance with the development standard is 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 minimum landscape area control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land. 

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal 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 standard is relevant to the subject development.

Third

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

 

Comments:

Compliance would, in this case, be unreasonable as the underlying objectives of the standard is achieved.

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 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, which is characterised by low to medium density residential development. 

 

5.      Submissions

 

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

 

68 Sackville, Maroubra

6/98 Marine Parade

79 Torrington, Maroubra

 

Loss of views

 

Unit 6/98 Marine Parade

The owner of unit No 6 at 98 Marine Parade has raised concerns regarding view loss that will be caused by the proposed roof top air conditioner enclosure. No concern has been raised in relation to the overall additional third storey. The objector has requested that the air-conditioning enclosure be relocated to preserve views of the ocean available from north-facing windows of his unit. An assessment of the objector’s concerns raises the following considerations:

 

·      The views that would be affected by the air conditioning enclosure are secondary side boundary views and not as valuable as the eastern views. This secondary view is shown in Figure 5.

 

Figure 5: Northern view from the circulation stair at the upper level of No 98 Marine Parade (indicating the likely northern view from upper level kitchen of unit 6 / 98 Marine Parade).

DSC07249

 

·      The objectors main living room balcony faces west and is not designed for enjoyment of ocean views which are to the east. As such, any view of the ocean over the proposed development towards the ocean are opportunistic views to the north-east over the side boundary of the site. The views are opportunistic because the building was not designed to take advantage of them. They are only obtained by standing on the northern extremity of the east facing balcony looking obliquely towards the north-east.

 

·      The proposed air-conditioning enclosure is a minor localised structure measuring approximately 1.5m high, 2m long and 0.6m wide such that the view loss will be extremely minor.

 

Given the above considerations, relocation of the air conditioning enclosure is not warranted and justified especially as relocation to the northern and western boundary will make the enclosure visible from the street and visually unsatisfactory. Notwithstanding this, the applicant has agreed to lower the proposed air-conditioning enclosure by 0.6m made possible by the use of smaller outdoor AC units. This will be required by condition of development consent if granted. Accordingly, the objectors view loss concerns are adequately addressed.

 

No 68 Sackville Street

No 68 Sackville Street is currently a single storey dwelling that will have minimal, if no view loss impact, from the proposal especially given the low lying nature of the objector’s property and the view obstruction already caused at this level by the double storey dwelling on the adjoining eastern side at No. 70 Sackville Street. The owner of No. 68 Sackville Street has claimed that view loss will occur to her property if and when she proceeds to put a second storey on her property. The objections to loss of views that currently do not exist but may arise in future from a potential second storey addition are considered unreasonable and speculative. Accordingly, no weight can be given to any claim for future view loss. 

 

No 79 Torrington Road

The owner of the property at No. 79 Torrington Road which has a rear garage access from The Corso and, therefore, views across the subject site from the Corso, has raised concerns regarding view loss.

Views from dwellings to the west in The Corso are already partially obstructed by the existing building. The proposed building does not significantly change the views from many properties to the west, including the objector at No. 78 Torrington Road, because it approximates the footprint of the existing building. Figure 7 shows an indicative view analysis from these properties indicating that there will be minimal view loss across the subject site. 

 

 

Existing

 

Proposed

Figure 7 Minimal view loss impact when viewed from dwellings to the west in The Corso

 

Construction traffic and parking

Appropriate condition requiring a construction traffic management plan including parking measures and hours of demolition and building works will be applied to ensure the amenity of the neighbourhood during construction. There will also be the ability to follow-up on any complaints through Council’s compliance system should any breach of the construction management plan arise during the works.

 

Excessive building height

The proposal will comply with the maximum external wall and building height controls. It will also be significantly lower than the current approved development under DA/257/2008. As such, the proposal is considered to be compatible in the existing streetscape along Marine Parade and The Corso, especially having regard to the existing mixed use character of the corner.

 

Increase visual and acoustic noise from new third floor level and new balconies.

The impact of the proposal in terms of visual privacy are addressed in the relevant assessment section below. The proposed windows to the new third floor level is to bedrooms which are considered less intensive and conducive for overlooking of adjoining properties. In terms of noise, the new balconies are not considered to give rise to any more significant acoustic issues than that typically associated with residential balconies in multi-unit housing developments. The ground floor historically has been used as a café and there is no valid grounds to expect any similar future use to continue to operate at an incompatible acoustical level with adjoining residential uses. In any event, there will be the ability to follow-up on any complaints through Council’s compliance system should any operational noise nuisance issue arise in the future.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:

 

Development Engineer Comments

Council’s Development Engineer advises as follows:

“An application has been received for addition of a new 3rd level to an existing mixed use building at the above site. The additional 3rd level provides new bedrooms and bathrooms to the two units located on the 2nd floor. There is modifications to the 2nd floor of the 2 units as well as modifications with bathrooms etc to the café on the ground floor with a new shop awning along the Marine Pde frontage and partial The Corso frontage.

 

It is noted that the existing units located on the 2nd floor are 1 x 1 bedroom unit and 1 x 2 bedroom unit, the development application would result in 2 x 2 bedroom units.

 

This report is based on the following plans and documentation:

 

·      Architectural Plans by Dunn Architects dated 22/10/12;

·      Statement of Environmental Effects by Dunn Architects

·      Detail & Level Survey by Bottaro deNett Land Surveyors.

 

Drainage Comments

On site stormwater detention is not required for this development.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the proposed works will be between $1 million up to $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with Aerial Bundled Cables in the vicinity of the development site.

 

Parking Comments

The current site which has 1 x 1 bedroom unit, 1 x 2 bedroom unit and a café appears to have no off-street parking as the existing garage at the rear of the site is currently being used as a storage facility for the café. Development Engineering is unsure whether approval has previously been granted to use the existing garage as the café storage area.

 

Development Engineering would prefer the existing garage be used as off street parking space for one of the two units and a separate storage area provided for the café in the rear yard.

 

Comment: the existing café and residential units above currently do not have off-street car parking. The proposal will require 5.4 car parking spaces. Given that there will be no increase in the number of dwellings on-site under the current proposal, the existing development is considered to have a parking credit of 5 car spaces. Accordingly, the shortfall in car parking is considered reasonable and acceptable. Having regard to the moderate scale and density of the proposal and the retention and upgrade to the existing fabric of the building to enhance its presentation in the streetscape, and given the existence of good and frequent bus services on Marine Parade, refusal of the DA on the basis of a shortfall in car parking is not considered warranted.

 

Awning Comments

Prior to issuing Development Consent the assessing officer is to determine whether the design of the awnings (glass awnings), over Council footpath, as proposed by the applicant are acceptable under Council’s codes.

 

Landscape Comments by P O’Sullivan

The only vegetation at the site was observed to be two Syagrus romanzoffianum (Cocos Palms) of around 6 metres in height, and one 4 metre tall Olea europaea (European Olive) within the rear courtyard of 94 Marine Parade, all of which were assessed as being insignificant, and exempt from the provisions of Council’s Tree Preservation Order (TPO).

As such, no objections are raised to their removal in order to accommodate the proposed works as shown.

No improved footpath treatment has been included in this DA as per the previous DA 257/08 due to the major reduction in the scope of works for this DA.

Should the application be approved the following conditions shall apply under the appropriate section:”

 

6.3    Building Services Comments

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

 

6.4    Environmental Health Comments

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

 

7.      Relevant Environmental Planning Instruments

 

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

 

7.1      Randwick Local Environmental Plan 1998

The subject site is zoned Residential 2C under the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.

 

The following Clauses of the RLEP also apply to the proposal:

 

Clause 20E   Landscaped areas

Clause No.

Requirement

Provided

Compliance

20E (2) – Landscaped Area for Zone 2B and 2C

50% of site area (or 122.64  m2)

20.5% (or 50.27 m2)

No (SEPP 1 Objection submitted)

31(3) – Landscaped Area over Basement

Max 50% of landscape  area requirement

No basement structures proposed

Yes

 

Clause 20F  Floor Space Ratio

Clause No.

Requirement

Provided

Compliance

20F  –  Floor Space Ratio

0.65:1 (159.42m2)

1.32:1 (324.71m2)

No (SEPP 1 Objection submitted)

 

Clause 20G Building heights

Clause No.

Requirement

Provided

Compliance

33(1) – Building Height

 

Max 12m

Max 10m (to top of roof slab).

Yes

33(3) – External Wall Height

Max 10m

Max 10m (to top of roof slab).

Yes

 

The following relevant clauses also apply to the proposal (and are addressed in detail in Section 9.1 below):

 

Clause 9 – Objectives

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

Clause 29- Foreshore scenic protection area

Clause 40 – Earthworks

 

7.2    Relevant State Environmental Planning Policies

State Environmental Planning Policies that are relevant to the proposal are :

 

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

-   State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The application of these policies to the proposal is addressed in Section 10.1 below.

8.      Policy Controls

 

The following Development Control Plans are applicable in the subject site:

·      Development Control Plan – Multi-unit housing

·      Development Control Plan – Parking

 

The application of these DCPs is addressed in Section 10.2 below.

 

The following policy is also applicable to the proposed development:

·      Randwick City Council Section 94A Development Contributions Plan, effective from 17 July 2012.

 

9.      Environmental assessment

 

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

 

9.1    Statutory Controls – S79C(1)(a)

 

Randwick LEP 1998

Clause 9 – Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”. With reference to the general aims, the proposed development will not compromise the aims of the LEP in relation to heritage, aesthetic character, sustainability, environmental qualities and social amenity of the locality and contribute to the variety of housing types that does not compromise the amenity of the residential area, consistent with the zone objectives as detailed under Clause 12 below.

 

Clause 12 Zone No 2C (Residential C Zone)

The subject site is zoned Residential C under the Randwick Local Environmental Plan 1998 (RLEP). The proposed development for alterations and additions to a multi-unit housing building is permissible with Council’s consent under the zoning provisions applying to the land.

 

The proposal is also considered to be in general accordance with the relevant objectives of the Residential 2C Zone, which are:

 

·      To provide for a medium density residential environment, and

·      To maintain the desirable attributes of established residential areas, and

·      To protect the amenity of existing residents, and

·      To encourage housing affordability,

 

Clause 29           Foreshore scenic protection area

Clause 29 requires consideration to be given to the aesthetic appearance of proposed buildings so as to protect the visual qualities of the foreshore. The proposal will improve the appearance of the existing building to the benefit of visual amenity of the coast primarily by introducing new façade materials and finishes to replace the old and dated elements of the existing building and to reflect the coastal environment as indicated in the submitted materials sample board. The aesthetic and urban design qualities of the proposal are satisfactory in its foreshore setting.

 

Clause 40           Earthworks

Clause 40 of the Randwick LEP contains provisions for undertaking of excavation and filling of land. The proposal will require some minor excavation at the rear of the subject site to provide for a level café yard. The excavation works will be confined to a small section of the rear yard and maintain levels similar to those already achieved on the site. Therefore the works will not result in any detrimental impact on the topography of the site; is unlikely to interrupt the drainage patterns of the site or result in soil instability; and will not adversely impact upon the scenic quality of the site and locality subject to appropriate drainage and building conditions should approval be granted. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

Draft Randwick LEP 2012

Under the Draft LEP, the subject site is zoned R3 Medium Density Residential. The controls applicable over the subject site under the Draft LEP are:

 

Max FSR – 0.9:1

Max Building Height – 12m

 

Additionally, the subject site continues to be located within a Foreshore Scenic Protection Area.

 

9.1.2     State Environmental Planning Policy No.55 – Remediation of Land

The site has not been identified as including any contaminated land or having sustained any previous uses which may have resulted in contamination.

 

9.1.3     State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

The proposal is for alterations and additions to the existing mixed use development and the applicant has provided a BASIX certificate (certificate number A149200 dated 16 October 2012) in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction. The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX have been included in the recommendation section of this report.

 

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

The proposal is not subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings as it will only be three storeys and maintains only two existing dwelling units. Accordingly, the application is not required to be considered by Council’s Design Review Panel.

 

9.2         Policy Controls– Section 79C(1)(a)

 

DCP – Multi-unit Housing

The table below assesses the proposal against the Preferred Solutions of the DCP – Multi-unit housing, and where variations occur, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance requirements

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis plan provided

P2 Development sites have appropriate areas/ dimensions to allow for satisfactory siting of buildings.

S2 Sites are of regular shape with frontages of at least 20m.

No – the site has an allotment width of 13.45m fronting Marine Parade. However, the proposal provides for a development with a reasonable height, bulk, scale and design that is related to the size, shape and dimension of the subject site. 

P3 Development on corner sites responds to both street frontages.

 

The proposed building design comprising the retention and upgrading of the existing masonry shop front and addition of a metal cladded upper residential level responds satisfactorily to both the Marine Parade and The Corso street frontages.

Height

P1 Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.

 

The proposal will have a maximum wall and building height of 10m which complies with the relevant height controls in the Residential 2C zone under the Randwick LEP 1998. The location and orientation of the proposed building will not cause substantial adverse impacts on streetscape or adjoining properties.

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

The amended proposal has distributed the additional floor area in a new third level that will be recessed from the street boundaries. Therefore the proposal will minimise overall amenity impacts on adjoining properties, and provide consistency in scale to the streetscape, as well as provide adequate visual interest in terms of articulation and façade treatment.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

 

The proposal maintains the existing zero lot alignment to Marine Parade and The Corso which is considered appropriate given the retention of the existing shopfront along these streets.

P2  Side boundary setbacks

Side setbacks to ensure:

·   Solar access maintained and overshadowing minimised.

·   Privacy between adjoining dwellings and open spaces.

·   Landscaping and private open space provided.

·   Streetscape amenity is maintained.

S2  Zone 2c

o     No part closer than 3.5 metres.

O    Minimum average setback 5 metres.

O    Maximum length of wall without articulation is 10 metres.

O    Minimum length of any step is 3 metres.

 

The proposal maintains the existing zero lot alignment to Marine Parade and The Corso which is considered appropriate given the retention of the existing shopfront along these streets. The new upper floor addition will be slightly recessed from these street frontages (max 0.92m from Marine Parade and max 1.5m from The Corso). These setbacks are consistent with the character of this corner streetscape.

 

While the proposal is inconsistent with the side setback solution of the DCP, it achieves the performance requirements of the control particularly in that :

·      solar access is maintained Privacy is adequately maintained between adjoining dwellings and to adjoining open spaces

 

 

·      streetscape amenity is maintained.

 

P3  Rear Boundary Setbacks

·      lsolar access and overshadowing are minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

·      Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

·      Building built across site.

S3  Zone 2c

 

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

 

There will be no changes to rear of the existing building such that the existing rear setback of 3m is maintained. The new upper floor addition will be setback approximately 12m from the rear boundary and therefore complies with the control. There will be no wall without articulation exceeds 10m length in the proposal.

P4  General

Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on adjoining properties.

 

S4 No device may encroach more than 25% of the Preferred Solution.

No adverse impacts on adjoining properties arising from eaves, window hoods and other sun-shading or weather protection

Density

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

The bulk and scale of the proposed building when viewed from adjoining public spaces, streetscape and private properties is visually compatible with existing 3-4 storey RFBs along Marine Parade and low to medium density developments in surrounding properties along nearby local streets.

 

Fences

P1  Fences to be/have:

·    consistent with streetscape;

·    entrances highlighted; and

·    planting used to soften and provide privacy.

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

No pre-existing front fence as existing shop is built to the street alignment along Marine Parade. 

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum dimension for landscaped area 2 metres.

The proposal maintains an  existing mixed use development which currently does not have any communal landscaped area for residential use.

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

The proposal maintains an  existing mixed use development which currently does not have any communal open space for residential use.

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

 

The proposal maintains an  existing mixed use development which currently does not have any private open space allocated to individual dwelling units. However the proposal will improve the amenity of the dwelling units by providing a new balcony to each unit.  

P4 Private open space in front of the building only where setback and fence design sympathetic.

 

 

N.A. – as existing shop is built to the street alignment along Marine Parade and The Corso. 

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

 

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

N/A

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

 

S6 Minimum of 8 m2 and minimum dimension of 2 metres.

The proposal will improve the amenity of the dwelling units by providing a new balcony to each unit.  

Privacy

P1  Visual Privacy

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

S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

Yes (see Section 9 below) 

 

P2 Private open space design and location ensure privacy.

 

Yes

P3  Acoustic Privacy

Building layout and design minimises noise transmission of noise. Quiet areas separate noise-generating activities.

 

Yes

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Australia (BCA).

Required to comply with BCA

View Sharing

P1 Design and location of buildings considers surroundings for assessing impact on views.

 

Yes (as addressed in submission of objectors in see Section 5 above) 

P2 Development minimises effects on views and shows how view loss is minimised.

 

As above

P3 Buildings are aligned to maximise view corridors between buildings.

 

N/A

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties.

Design, orientation, siting and landscaping minimises loss of solar access.

 

 

Yes (see Section 9 below)

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

 

N/A

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

 

Yes (see Section 9 below)

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

Yes (see Section 9 below)

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·      Living areas are orientated to the north.

·      Larger windows are located on the north.

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

 

No dwelling achieves less than 3 stars. The Anthers rating for each dwelling (on a typical unit basis) is provided with the application.

Proposal achieves compliance with BASIX targets.

P5 Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

N/A – solar collectors not proposed

Safety and Security

P1 Design allows surveillance.

 

Yes - habitable rooms above face the street.

P2 Approaches and entries are visible.

 

Yes

P3 High walls and structures avoided.

 

Yes

P4 Resident car parking has security grilles or doors.

 

 

N/A

 

P5 Visitor parking spaces clearly identifiable.

 

 

No visitor car parking provided in the existing development and none provided in the proposed development given the existing parking credit.

P6 Adequate lighting for personal safety and security provided.

 

Yes by condition

P7 Adequate lighting is provided in common areas.

 

Yes by condition

P8 External lighting does create a nuisance.

 

Yes by condition

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

See assessment section  below.

P1 Garages and parking structures do not dominate the street frontage.

 

N.A. – no car parking provided in the existing development and none provided in the proposed development given the existing parking credit. 

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access)

 

N.A.

P3 Secure storage for bicycles is provided.

 

N.A. 

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

N.A. 

P2 Vehicles enter/ leave in a forward direction.

S2 Vehicles enter with a single turn and leave in no more than 2 turns.

N.A.

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

S3 Long driveways provide passing bays.

N.A.

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4 Driveways have a minimum width of 3 metres and is at least 1 metre from any side or rear fence.

N.A.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

 

Yes

P6 Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

 

 

 

N.A.

Storage

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages.

Yes – Accessible and separate storage within each dwelling provided.

Barrier-free access

 

 

Access for people with a disability is provided to and within one dwelling at the following rate:

0-14 dwellings     0

15-29 dwellings   1

30-44 dwellings   2

45-60 dwellings   3

and so on.

 

N/A as only 2 dwellings are proposed.

Utilities/Site Facilities: subject to  appropriate conditions of consent

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

S1 Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

Yes by condition

P2 Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

Yes – centralised garbage storage area provided at ground level.

P3 The location and design of waste facilities does not visually detract from the development or the streetscape.

S3 Waste facilities not to be located between the front building alignment and the road.

Centralised garbage storage area provided at ground level will be screened from the street.   

 

The assessment in the table above indicates that the proposal would satisfy all the preferred controls / performance requirements of the DCP – Multi-unit housing with the exception of FSR and landscape area which have been addressed in the assessment of the SEPP No. 1 Objections in Section 5 above, and setbacks which have been addressed in terms of the performance requirements. 

 

DCP – Parking

 

Use

Requirement (DCP – parking)

Proposed number and/or floor area

Required provision

Proposed provision

 

1 space per one bedroom dwelling

Nil

N/A

 

 

 Nil

 

1.2 spaces per two bedroom dwelling

1 x two bedroom dwellings

2.4 spaces

 

1.5 spaces per three bedroom dwellings

Nil

N/A

 

Visitor:

1 space per 4 units

Total dwellings = 2

N/A

 

1 space per 40 sqm

116 sqm

3 spaces

Nil spaces (and credit of 5 spaces)

TOTAL

 

 

 

 

 

Although the existing development is already deficient in car parking by 5 spaces, the current proposal will not result in any additional car parking requirement as no additional dwelling units are proposed. Notwithstanding this, there is no scope to provide additional parking on the site without a complete knockdown and rebuild of the existing building to provide for a basement car park. In any case, the site is served immediately by public buses on Marine Parade linking it to other local centres including Randwick Town Centre and the CBD, and is within easy walking distance of the Maroubra Beach town centre.

 

9.2.3         Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 17 July 2012, is applicable to the proposal. In accordance with the Plan, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 1,056,956

1%

$10,569.56

 

9.4         Likely impact of the development – S79C(1)(b)

9.4.1     Natural Environmental Impacts

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

 

9.4.2          Built Environmental Impacts

9.4.2.1      Urban Design

The alterations and additions to the existing building have been designed to respect the foreshore and coastal setting through the use of sympathetic materials and articulation of upper floor the addition. As such, the proposed building will make a positive contribution to the Marine Parade streetscape and locality in that it will be upgraded and refurbished in line with its foreshore setting to a higher aesthetic quality than that currently exhibited by the existing building. For example, the façade of the existing café to Marine Parade and The Corso is significantly corroded and weathered so that the upgrade provided by the proposal will significantly enhance the streetscape. Furthermore, the retention of the front parapet wall at a slightly lower height serves to retain some connection with the historical street corner shop frontage of the site.

 

The top floor addition will be well integrated into the existing built form and will not be visually intrusive. In particular, the proposal’s use of a flat roof form to replace the existing low pitch roof provides an overall contemporary well-articulated and well-modulated building that not only moderates the visual bulk and scale of the proposal but also contributes to the streetscape by providing a building that is compatible in building bulk and scale as well as roof ridge levels. Streetscape amenity is maintained as the proposal will have an overall height, bulk and scale consistent with that of existing residential flat developments in the locality.

 

Additionally, on the request of Council’s assessing officer, the applicant has provided an amended montage on 12 February 2013 indicating the removal of brickwork on the upper sill of the existing first floor windows so as to increase glazing vertically on these first floor north-facing windows. This will have the effect of reducing the solid masonry style of the existing building. To further break the bulk and scale of this masonry element, as well as, to provide adequate sun protection to these northern windows, a condition will be applied requiring the installation of hoods over these windows.

 

The use of glazed awnings is considered an inappropriate design element in the context of the surrounding residential and foreshore area. Furthermore, glazed awnings are not considered to provide adequate protection from sunlight given the predominantly north orientation of the proposed building. Accordingly, a condition will be applied requiring the deletion of all proposed glazed awnings and replacement with sloping awnings of canvass or similar light material and consistent in shape and form to the awnings proposed in the current approved scheme under DA/257/2008. 

 

9.4.2.2      Sunlight, Privacy and Views

Sunlight

Shadow diagrams submitted with the application indicate that at 9am in the winter solstice, most of the proposal will mostly overshadow the roof of the existing building on the adjoining southern property at No 96 Marine Parade give that No. 94 and No. 96 are built back to back. Additionally, there will be no overshadowing of the rear yard of No 96 Marine Parade. At 12 noon, the proposal will continue to overshadow the roof of the existing building on the adjoining southern property at No 96 Marine Parade so that the overshadowing impact is considered negligible. By 3:00pm overshadowing will still occur on the existing neighbouring roof of No. 96 marine Parade. Overall, the overshadowing impact of the proposal is considered reasonable and acceptable.

 

Privacy

The proposal performs adequately in relation to maintaining the privacy of adjoining properties in that:

 

·      The new upper floor has windows linked to bedrooms, bathrooms and stairwells to the respective apartments which are not considered to be conducive to, nor significant sources of, overlooking.

 

·      The west-facing rear balcony to Apartment 2 will be located at a distance in excess of 10m to the closest adjoining residential building at 67 The Corso which is adequate to mitigate any potential loss of privacy.

 

·      The north-facing balcony to Apartment 1 will face The Corso which has a separation distance in excess of 10m to the closest adjoining residential flat building at 90-92 Marine Parade which is adequate to mitigate any potential loss of privacy.

 

Overall, the proposal will be acceptable in terms of privacy for the reasons discussed above.

 

Views

Adjoining residents of properties that have raised specific objections to view loss have had their concerns assessed within the body of this report at Section 5 above. In summary, the assessment shows that the proposal will have minimal impact on the district and ocean views enjoyed by these relevant adjoining properties.

 

9.4.2.3      Ecologically Sustainable Development

As indicated above, the applicant has provided a BASIX assessment for the proposed development which indicates compliance with the targets for multi-unit housing for water saving, energy consumption and thermal comfort. In addition, the proposal achieves adequate cross-ventilation for the dwelling units; and will include appropriate energy efficiency and water conservation measures.

 

The proposed development will be well served by public buses along Marine Parade and also in the nearby Maroubra Beach town centre linking the subject site to the CBD and Randwick Junction in keeping with the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region. The proposal would assist in encouraging the use of public transport in line with urban consolidation and ESD principles.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.4.2.4  Social and Economic Impacts – S79C(1)(b)

The proposal will increase the availability of housing and promote the key directions and actions for the Randwick City Plan and the objectives of the Residential 2C zone contained in the Randwick LEP 1998. The effect of the proposal would be to bring more people to the locality potentially linking them to existing economic, institutional and service facilities in the area. Overall the proposal presents a positive impact within the site and locality.

 

9.5         Suitability of the site – S79C(1)(c)

The subject site is zoned Residential 2C. The subject site is therefore suitable for the proposed medium density residential development whilst retaining the existing and desired future character of the locality. The site is well located in relation to the Coogee, Bondi Junction, Randwick and the CBD with public bus services available in the immediate locality.

 

9.6         Any submissions made – S79C(1)(d)

The DA was notified and advertised from 7 November 2012 to 21 November 2012. All submissions received are addressed as per Section 5 above.

 

9.7         The public interest – S79C(1)(e)

The proposed development will be in the public interest as it will provide upgraded housing stock in an area that is highly accessible by public buses and private vehicles. In addition, the proposal will consolidate the residential character of the locality by enabling residential development of a medium density housing form without compromising the amenity of surrounding residential area in accordance with the Randwick City Plan and the Randwick LEP 1998.

 

Relationship to City Plan

 

The relationship to the City Plan is as follows:

 

Outcome 12:                     Excellence in urban design and development.

Direction 4a &

associated key action:        Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR and minimum landscaped area standards contained in the RLEP. SEPP No.1 objections in relation to these variations have been submitted with the application and considered to be well founded in the circumstances. The breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. Additionally, the resultant height, bulk and scale of the proposed development will match the form, proportion and style of the existing building and remain consistent with the existing scale and character of development in the immediate streetscape along Marine Parade. Additionally, the proposal’s design, height, bulk and scale will complement the natural coastal qualities of the foreshore area. A further consideration is that the proposal will have a height, bulk and scale that will be significantly lower than the approved development under DA/257/2008 for a new 4 storey building with basement parking for 6 cars, café at ground level and 3 apartments.

 

The proposal satisfies the relevant preferred solutions and performance requirements in the DCP - Multi-unit Housing (with the exception of FSR and landscape area standards which have been addressed in the SEPP 1 objection).

 

The shortfall in the numerical car parking requirement of the DCP – Parking has been adequately justified in relevant sections of this report. 

 

The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and views.

 

The recommendation is for approval of the application subject to conditions.

 

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20E and Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to minimum landscape area and maximum floor space ratio on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

and

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/689/2012 for addition of new third level to existing mixed use building containing, bedrooms, bathrooms for existing units, internal alterations to level 1 plus additions of balconies addition of external louvres and changes to windows, alterations to ground level cafe including new awning, signage, new bin enclosure and car port at rear at 94  Marine Parade, Maroubra, subject to the following conditions:

 

A.      General

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans numbered DA 02 to DA14, all Issue A, and all dated 22 October 2012, and received by Council on 25 October 2012, the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

Amendment of Plans & Documentation

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

 

1)  Removal of brickwork on the upper sill of the first floor windows numbered W04, W05, W06 and W07 in the submitted elevations so as to increase glazing vertically on these first floor north-facing windows and to reducing the solid masonry element on the parapet wall above as indicated in an amended photomontage received by Council on 12 February 2013

2)  Deletion of the proposed louvres on the first floor windows numbered W04, W05, W06 and W07 as shown in the amended photomontage received by Council on 12 February 2013 and replace these with the provision of sun-shading hoods over in the submitted elevations.

3)  Deletion of all proposed glazed awning and replace with sloping awnings of canvass or similar light material and consistent in shape and form to the awnings proposed in the current approved scheme under DA/257/2008. 

4)  Reduction in height of the proposed roof top air-conditioning enclosure by 0.6m

 

Details shall be submitted to the Director City Planning for approval prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979.

 

The following conditions are applied to satisfy the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

3.       The 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 paving or the like on the ground) without the written consent of Council.

 

4.       Lighting to the premises shall be designed in accordance with AS4282 – 1997 Control of the Obtrusive Effects of  Outdoor Lighting" 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.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

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

 

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

 

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

 

The following conditions are applied to ensure that the development satisfies relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

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

 

·       Occupational Health and Safety Act 2000

·       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 and Protection of the Environment Operations (Waste) Regulation 2005.

·           Relevant Department of Environment & Climate Change (DECC) / 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.

 

8.       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.

 

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

 

10.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

B.      Operational Matters

The following conditions is applied to ensure occupant safety:

11.     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:

 

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

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

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

iv.   Other appropriate effective safety measures or barrier.

 

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

 

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

 

Stormwater Detention System

13.     Any detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

Hours of Operation

14.     The hours of the operation of the business are restricted to the following:-

 

Monday through to Sundays, from: 8.00am to 10.00pm

 

15.     Deliveries of food and the like are restricted to the following hours to minimise any disturbances to residences.

 

Monday to Sunday:          8.00am – 9.00pm

 

This condition applies where noise being made whilst delivering can be heard from within any habitable room of any adjoining residence and is only subject to change at the discretion of the Manager of Health, Building & Regulatory Services.

 

Food Storage

16.     All food preparation, cooking, display and storage activities must only be carried out within the approved food premises.

 

Storage shall be within appropriate shelves, off the floor and in approved storage containers.  External areas or structures must not be used for the storage, preparation or cooking of food, unless otherwise approved by Council in writing and subject to any necessary further approvals.

 

17.     The rear storage area will be restricted to the purposes storage only; food preparation or cooking will not be permitted in this area without further consent.

 

Food Safety Requirements

18.     The food premises must be registered with Council's Health, Building & Regulatory Services Department and the NSW Food Authority in accordance with the Food Safety Standards, prior to commencing business operations.

 

19.     A Food Safety Supervisor must be appointed for the business and the NSW Food Authority and Council must be notified of the appointment, in accordance with the Food Act 2003, prior to commencing business operations.  A copy of which must be maintained on site and be provided to Council officers upon request.

 

20.     A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

A digital probe type thermometer must also be readily available to check the temperature of food items.

 

21.     All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

22.     Food safety practices and the operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2010, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·       Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

Failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

23.     The food premises must be kept in a clean and sanitary condition at all times, including all walls, floors, ceilings, fixtures, fittings, appliances, equipment, fridges, freezers, cool rooms, shelving, cupboards, furniture, crockery, utensils, storage containers, waste bins, light fittings, mechanical ventilation & exhaust systems & ducting, storage areas, toilet facilities, basins and sinks.

 

24.     Preparation, display and/storage of food is not permitted within any outdoor dining areas.

 

Environmental Amenity

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

 

26.     The proposed use of the premises and the operation of all plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use and operation of the premises (including all plant and equipment) shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Office of Environment & Heritage/Environment Protection Authority Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

27.     The business proprietor and all personnel must ensure that the footpath dining area (and the immediate vicinity adjacent to the footpath dining area) is maintained in a clean and tidy condition at all times, free of grease, food and litter.

 

Effective methods are to be used to clean the area on a regular basis and which must not cause a pollution incident as defined in the Protection of the Environment Operations Act 1997.

 

28.     The use and operation of the footway dining area must not result in a nuisance or affect the safety of the public at any time and any relevant directions given by authorised Council officers must be complied with.

 

29.     Amplified music, entertainment, or any other ancillary activity is not permitted within the footway dining area, except with prior development consent.

 

30.     A toilet and hand-basin must be made available to customers at all times, with appropriate signage to inform customers and the facilities must be kept in a clean and sanitary condition at all times.

 

Waste Management

31.     Adequate provisions are to be made within the confines of the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council, prior to commencing business operations.

 

The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.

 

A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

32.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to the Council prior to commencing operation of the business.

 

Sanitary Facilities

33.     Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be provided for customers and staff and be maintained in a clean and sanitary condition at all times.

 

Regulatory Requirements

34.     The primary purpose of the premises is for the provision of food and the premises must not to be used principally, for the sale, supply and consumption of alcohol.

 

The written approval of Council and a relevant Liquor Licence under the (Liquor Act 2007) must be obtained beforehand for any proposed sale, supply and consumption of alcohol on the premises.

 

35.     The relevant requirements of the Environmental Planning & Assessment Act 1979 and Local Government Act 1993, Food Act 2003, Public Health Act 2010 and Roads Act 1993 must be fully complied with at all times.

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

Design, Construction & Fit-out of Food Premises

36.     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).

 

37.     The premises is to be designed and constructed in accordance with the Food Act 2003, Food Regulation 2010, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.  Details of the design and construction of the premises are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

38.     Appropriate awning/roofing is to be provided over the path of access from the rear of the premises to the rear food storage area to minimise the risk of contamination.

 

39.     The design and construction of the food premises must comply with the following requirements, as applicable:-

 

a)     The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

b)     Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops, wash hand basins, sinks and equipment.

 

c)     Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

d)     The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material (i.e. fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material), with a light coloured washable paint finish.  ‘Drop-down’ ceiling panels must not be provided in food preparation or cooking areas.

 

e)     All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc must be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

f)      Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

g)     Fly screens and doors with self-closing devices, are to be provided to all external door and window openings and an electronic insect control device/s are to be provided in suitable locations within the food premises.

 

h)     A mechanical ventilation exhaust system is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, where required under the provisions of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

Emission control equipment shall be provided in mechanical exhaust systems serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils. 

 

i)      Wash hand basins must be provided in convenient positions located in the food preparation areas, with hot and cold water, together with a sufficient supply of soap and clean towels.  The hot and cold water must be supplied to the wash hand basins through a suitable mixing device.

 

j)      Cool rooms or freezers must have a smooth epoxy coated concrete floor, which is to be sloped to the door.  A floor waste connected to the sewer is to be located outside the cool room/freezer.  The floor waste should be provided with a removable basket within a fixed basket arrestor and must comply with Sydney Water requirements.

 

k)     All cool rooms and freezers must be able to be opened from the inside without a key and fitted with an alarm (bell) that can only be operated from within the cool room/freezer.

 

l)      Any space or gap between the top of any cool room or freezer and the ceiling must be fully enclosed and kept insect and pest proof (e.g. plasterboard partition with gaps sealed).

 

40.     A certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant or Council’s Environmental Health Officer, which confirms that the design and construction of the food business will satisfy the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises, prior to issuing a construction certificate.

 

Sydney Water Requirements

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

 

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

 

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

 

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

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

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

42.     Liquid trade waste materials are to be drained to the sewer (via a suitable grease trap) and details of compliance are to be submitted to the Certifying Authority.

 

Awning Conditions

43.     Plans submitted for the construction certificate shall demonstrate the proposed awnings complying with the following council requirements;

a)  The minimum clear distance from the existing footpath in Marine Pde & The Corso to the underside of the proposed awning shall be 3.00 metres.

b)  All new awnings shall be set back a minimum of 600mm from the face of kerb.

 

Design Alignment levels

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

 

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

 

Stormwater Drainage

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

 

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

 

b)     The stormwater must be discharged (by gravity) directly to the kerb and gutter or drainage system located at the front of the subject site in Marine Pde and/or The Corso street frontages

 

Waste  Management

47.     The residential bin area shall be sized to contain at least of 2 X 240 litre bins (1 waste bin & 1 recycling bin).

 

48.     The commercial garbage area must be separated from the residential bin storage area. Details showing compliance are to be included in the construction certificate.

 

The following conditions are applied to provide access and facilities for people with disabilities:

49.     Access and toilet facilities for people with a disability are to be provided to the commercial space, in accordance with Parts D3 & F2 of the Building Code of Australia and AS1428.1, which must be available at all times the building is occupied and details are to be included in the construction certificate.

 

C.      Prior to the Issuing of a Construction Certificate

The following condition is applied to meet additional demands for public facilities:

50.     In accordance with Council’s Section 94A Development Contributions Plan effective from 13 July 2011, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 1,056,956

1%

$10,569.56

 

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

 

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

       

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

52.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency.

53.     In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

54.     In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

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

 

The following conditions are applied to ensure that the development satisfies relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

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

 

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

 

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

 

Security Deposit

56.     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.

 

Structural Adequacy

 

57.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

D.      Prior to Any Work Commencing on the Site

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

Certification and Building Inspection Requirements

58.     Prior to the commencement of any building or fit-out works, the following requirements must be complied with:

 

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

 

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

 

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

 

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

 

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

 

59.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

a.     has been informed in writing of the licensee’s name and contractor number; and

 

b.     is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

a.     has been informed of the person’s name and owner-builder permit number, or

 

b.     has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

Construction Traffic Management

60.     An application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in The Corso street frontage 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.

 

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

 

a)     commencement of any site work [or]

 

b)     a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

62.     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.

 

             Public Utilities

63.     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.

 

64.     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.

 

Demolition & Construction Waste

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

 

66.     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 Traffic Management

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

 

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

 

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

 

68.     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

 

Sydney Water

69.     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

70.     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.

 

71.     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.

 

The following conditions are applied to ensure that the development satisfies relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

72.     Prior to the commencement of any excavation or building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

73.     Prior to the commencement of any excavation or building works, the person having the benefit of the development consent must:-

 

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

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

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

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

 

74.     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 any relevant Certificate of Insurance) or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council prior to commencement of works.

 

75.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

76.     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 (eg. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.).

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovementioned premises, prior to the commencement of any works.

 

77.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

·           Methods and location of disposal of any hazardous materials

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council.

 

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

 

78.     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 are to 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.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  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.

 

79.     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, to the satisfaction of the Council.

 

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.

 

80.     Public health, safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be satisfied:

 

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

 

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

 

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

 

d)       Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

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.

 

e)       A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

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

 

g)       Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied, to the satisfaction of Council.

 

A temporary safety fence is to be provided to protect the public, located 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 fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

h)       If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

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

 

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 an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

j)        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 Council.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council.  A copy of the Construction Site Management Plan must be provided to the Council and Principal Certifying Authority.  A copy must also be maintained on site and be made available to Council officers upon request.

 

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

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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

 

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

 

If the proposal is acceptable to Sydney Water, 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 is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

84.     Prior to the commencement of any building works, a construction certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

85.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

c.  appoint a Principal Certifying Authority for the building work, and

 

d.  appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

 

e.  notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

f.   give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

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

 

E.      During Construction Works

            Tree Removal

86.     Approval is granted for the removal [or] pruning of the following trees:

·           two Syagrus romanzoffianum (Cocos Palms)

·           one 4 metre tall Olea europaea (European Olive)

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

87.     Any new information which comes to light during demolition and construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

 

88.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

The following conditions are applied to ensure that the construction works are executed in a proper manner:

89.     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.

 

90.     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”.

 

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

 

a)  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.

 

b)  On sites involving the removal of asbestos, a  professionally manufactured 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. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

c)  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 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

d)  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 upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

92.     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.

 

1)     If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development must, at the person’s own expense:

 

a)     protect and support the adjoining premises from possible damage from the excavation, and

b)     where necessary, underpin the adjoining premises to prevent any such damage.

 

2)     The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   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.

 

94.     A Registered Surveyor’s check survey certificate or compliance certificate is to 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:

 

§   prior to construction of the first constructed floor/floor slab (prior to pouring of concrete),

§   prior to construction of each additional new floor level,

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

§   as may be required by the Principal Certifying Authority.

 

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.  

 

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 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).

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

96.     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:

 

a.  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,

 

b.  name, address and telephone number of the Principal Certifying Authority,

 

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

 

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

 

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

 

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

 

d.  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.

 

e.  A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

f.   The applicant/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 Council.

 

g.  A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities upon any part of the footpath, road or 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 in a public place.

 

98.     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:-

 

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

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

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

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

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

f.   Revegetation of disturbed areas.

 

99.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

Details of the proposed sediment control measures are to be detailed in the Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; 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.

 

Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

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.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

100.    Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

Temporary fences and hoardings 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.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

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

 

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

 

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

 

The public safety provisions and 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 hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

102.    The demolition, removal, storage, handling and disposal of  materials and all building work must be carried out in accordance with the following requirements (as applicable):

 

a.  Australian Standard 2601 (2001) – Demolition of Structures

b.  Occupational Health and Safety Act 2000

c.  Occupational Health and Safety (Hazardous Substances) Regulation 2001

d.  Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

e.  WorkCover NSW – Guidelines and Codes of Practice

f.   Randwick City Council’s Asbestos Policy

g.  The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

 

103.    A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

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

b.  Details of hazardous materials, including asbestos

c.  Method/s of demolition and removal of asbestos

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

e.  Measures to be implemented to minimise any airborne asbestos and dust

f.   Methods and location of disposal of any asbestos or other hazardous materials

g.  Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

h.  Date the demolition and removal of asbestos will commence

 

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

 

F.      Prior to Occupation of the Building / Premises

Food Safety

104.    A certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant or Council’s Environmental Health Officer, to confirm that the design and construction of the food business satisfies the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises, prior to issuing an Occupation Certificate.

 

105.    The food premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

Environmental Amenity

106.    A report, must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from the development (including all plant and equipment) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s development consent.  A copy of the report is to be forwarded to the Council with or prior to the issue of an occupation certificate.

 

Street Awning

107.    Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council prior to the issuing of an Occupation Certificate.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

108.    The owner/developer must meet the full cost for Council or a Council approved contractor to:

a)     Remove the redundant concrete layback in The Corso, adjacent to the Council drainage pit and opposite the old garage which is used as a storage area for the Café, and to reinstate the area with concrete kerb and gutter to Council's specification.

 

109.    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.

 

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

 

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

 

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

 

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

 

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

 

Service Authorities – Aerial Bundling of Cables

111.    The applicant shall meet the full cost for the overhead power lines located along the length of The Corso street site frontage to be Aerial Bundled to the nearest connecting power poles. The applicant shall liaise directly with the relevant service utility authorities to organise for the cables to be bundled. All cables must be bundled to the satisfaction of the relevant service utility authority prior to the issuing any form of an occupation certificate for the development.

 

Waste Management

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

 

113.    The waste storage areas shall be clearly signposted.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

114.    An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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.

 

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon must also be provided to Council with the occupation certificate.

 

115.    Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority or other suitably qualified independent person, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

116.    Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

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

 

117.    A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to an occupation certificate being issued, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation.

 

118.    Where the building is provided with plant and equipment (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc) a report must be obtained from a suitably qualified and experienced consultant in acoustics, prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW DECC/EPA Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report must be provided to Council prior to/upon issuing an occupation certificate.

 

119.    Street and unit numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

         

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

 

120.    A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

REQUIREMENTS BEFORE COMMENCEMENT OF OUTDOOR DINING USE

The following requirements must be satisfied prior to commencing the use and operation of the footway/outdoor dining activities.

 

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.

 

Regulatory & Licensing Requirements

121.    Prior to installation of any items on the footway or the operation of the proposed footway dining area, the business proprietor must enter into a formal License Agreement with Council, covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Officer, (9399 0936), regarding Council’s requirements for the formal license agreement.

 

122.    The Licence Agreement, including conditions and requirements of the Licence Agreement must be complied with at all times.

 

Failure to comply may result in a breach of the Licence Agreement and a breach of this consent, which may result in the issuing of appropriate notices, orders, on-the-spot penalty infringements, legal proceedings and/or cancelling of the Licence.

 

123.    Details of the proposed design, construction and placement of outdoor furniture and any other articles proposed to be located on the footway must be submitted to and approved by Council in writing before placing the items or articles on the footway.

 

124.    All outdoor furniture and associated articles must be adequately tied down and/or weighted, to ensure that the items and articles are stable and secure at all times.

 

The furniture and all associated articles must not represent a safety hazard to pedestrians or motorists at any time.  If necessary, the furniture and associated articles must be removed from the outdoor area and be placed indoors in windy conditions.

 

E.      Advisory

A1      The assessment of this development application does not include an assessment of the proposed building work under the Food Act 2003, Food Safety Standards or Building Code of Australia (BCA).

 

All new building work must comply with relevant regulatory requirements and Australian Standards and details of compliance are to be provided in the construction certificate application.

 

A2      The design and construction of the premises must satisfy the requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004). Prior to finalising the design and fit-out for the development and prior to a construction certificate being obtained, advice should be obtained from an accredited Food Safety Consultant (or Council’s Environmental Health Officer).

 

A3      The applicant and operator are also advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

A4      A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-

 

§  Install or erect any site fencing, hoardings or site structures on any part of the nature strip, road or footpath

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

§  Placement of a waste skip, bin or any other container or article on the road, nature strip or footpath.

 

Notes:

·         The standard conditions may be modified or supplemented by additional non-standard site specific conditions to address any specific environmental, amenity, construction and safety considerations associated with the proposal.

 

·         The waste management, drainage and infrastructure standard conditions may be modified or replaced with site specific conditions as proposed by Council’s Development Engineer, City Services or Waste Services officers.

 

A5      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

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

 

A7      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Notes:

·              Include relevant Standard DA conditions 745 – 761 for outdoor dining and lease requirements and any comments from Property / Governance / City Services.

 

·              Refer to specific HBRS reports in relation to any proposed building/fit-out works associated with food premises.

 

·              Refer to standard conditions and guidance notes on provisions/upgrading requirements relating to Access & Facilities for People with a Disability and sanitary facilities for customers.

 

·              Appropriate operating hours to be specified by Development Assessment officer having regard to standard condition No’s. 136 to 138, relevant Council Policies/Plans, potential environmental impacts and any relevant history.

 

·              The standard conditions may be modified or supplemented by additional non-standard site specific conditions to address any specific environmental, amenity, building, infrastructure, drainage or public safety considerations associated with the proposal, by the relevant referral officers.

 

·              Additional conditions and requirements may be recommended by Council’s Property Officer.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               26 February 2013

 

 

Director City Planning Report No. CP5/13

 

Subject:                  1-1A Major Street, Coogee (DA/617/2012)

Folder No:                   DA/617/2012

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Demolition of existing dwelling and construction of new four (4) level dwelling with garage, swimming pool and associated works

Ward:                      North Ward

Applicant:                Ms L G Mobbs

Owner:                         Mr R J Mobbs & Ms L G Mobbs

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.    Executive Summary

 

The application is referred to Council as the cost of development exceeds $2 million.

 

The application is for the demolition of an existing dwelling and construction of a new four level dwelling with garage, swimming pool and associated works.

 

The main issue with the application is the impact that the proposal will have upon the natural landscape and aesthetic qualities of the foreshore area. Additionally, the proposal does not promote the objectives of the zone and will result in adverse impacts on adjoining and neighbouring properties and the streetscape. Accordingly, it is recommended that consent for the proposal be refused primarily for the following reasons:

 

·      The proposal does not satisfy the objectives of the Residential 2A Zone as outlined within Clause 10(1)(b) of the Randwick Local Environmental Plan 1998 (Consolidation) as it fails to maintain the desirable attributes of established residential areas.

·      The proposal does not satisfy the objectives of the Residential 2A Zone as outlined within the Clause 10(1)(c) of the Randwick Local Environmental Plan 1998 (Consolidation) as it fails to protect the amenity of existing residents.

·      The proposed development does not comply with the purpose of Clause 29 of the Randwick Local Environmental Plan 1998 by resulting in a detrimental and adverse visual impact upon the Foreshore Scenic Protection Area.

·      The proposal does not satisfy the objectives of the Dwelling Houses and Attached Dual Occupancies Development Control Plan as they relate to  solar access; floor area and density; height, form and materials; building setbacks; visual and acoustic privacy; safety and security and foreshore development.

·      The proposed development will have a proposed height, bulk, scale, built form and design that will adversely impact on the amenity of neighbouring residents in terms of loss of iconic and valuable views contrary to the Planning Principles established in the case of Tenacity Consulting v Warringah [2004] NSWLEC 140 in relation to the assessment of view loss.

·      The proposed development will have a proposed height, bulk, scale, built form and design that will have an adverse impact on the amenity of neighbouring residents in terms loss of visual and acoustic privacy, solar access, and overbearing height, bulk and scale, and in that regard is not compatible with the scale of residential development in the locality.

 

The application is recommended for refusal.

 

2.    Proposal

 

The proposal is for demolition of existing dwelling and construction of a new four level dwelling with garage, swimming pool and associated works and specifically comprises the following works on each floor level:

 

Lower Ground Floor

3 bedrooms each with en-suite bathrooms, a rumpus room, laundry, store room and water tank & plant room

 

Middle Ground Floor

Main internal living and dining rooms, two additional and separate partially enclosed living rooms, a family room, kitchen, meal room, bathroom and northern terrace with a pool

 


Ground Floor (Entry)

Double garage, teenager retreat with en-suite, study and large void space overlooking main living area below

 

Upper first floor

Master bedroom with ensuite and large associated paved balcony

 

3.    The subject site and surrounding area

 

The subject site, No. 1-1A Major Street  – Lot 18 DP 669074, is located on the eastern side of Major Street within the Residential A Zone and is presently occupied by an existing three storey dwelling.

 

Immediately adjoining the northern and eastern side boundaries of the site is park and bushland around Gordons Bay. Adjacent to the southern side boundary is a four storey dual occupancy building at No. 3 Major Street. Adjacent to the front western boundary is a cul-de-sac forming the northern end of Major Street with a residential flat building at No. 30-32 Moore Street on the opposite side.

 

The site has a frontage width of 17.8m, a northern side boundary depth of up to 32.485m, an eastern splayed rear boundary of approximately 25.8m, and a southern side boundary depth of 51.59m. The subject site has an overall site area of 739.8m². The site falls steeply to the rear of the site which is the cliff face adjoining the Pacific Ocean, with a difference in levels of up to 10m. The subject site is almost completely exposed to Gordons Bay with the rear portion a steep cliff face with low dense vegetation.

 

Surrounding development is characterised by residential development of low to medium density. The immediate locality is within the Foreshore Scenic Protection Area.

 

Photo1 : Photographs of the site and surrounds

1. The subject site at No 1-1A Major Street with detached garage on southern boundary (left). To the right of the photo, on the southern side is No. 3 Major Street.

2. View of subject site from rear drainage reserve/accessway on the opposite side of Major Street.


 

3. Rear balconies on No. 30-32 Moore Street, Coogee.

4. Rear balconies on No. 22-24 Moore Street, Coogee (top of photo above swimming pool).

 

 

Figure 1: Aerial photo of 1-1A Major Street.

 

4.    Site History

 

There are no other matters that are directly relevant to this application.

 


5.    Submissions

 

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

 

3 Major Street, Coogee

11 Moore St, Coogee

19 Moore St Coogee

22 Moore Street Coogee

24 Moore Street Coogee

1/30 Moore St Coogee

3/30 Moore Street, Coogee
87 Beach Street, Coogee

 

Loss of views

The owners of properties on Moore Street and the adjoining dual occupancy at No 3 Major Street have raised concerns regarding loss of views to Gordons Bay. The view loss impacts from relevant locations within objectors’ properties have been assessed in Section 7 of this report in line with the planning principles established in the case of Tenacity vs Warringah Council. The view loss impacts are considered severe and unreasonable and arise from an unsatisfactory design resulting in excessive height, bulk and scale. Accordingly, view loss forms a reason for refusal of the proposal.

 

Loss of Privacy

The owners of the adjoining dual occupancy at No 3 Major Street have raised concerns regarding loss of visual and acoustic privacy. This matter is addressed in the relevant sections of this report and the concerns raised are warranted and form part of the reasons for refusal of the DA.

 

Loss of sunlight

Concern has been raised by the adjoining dual occupancy at No 3 Major Street regarding loss of solar access to the north-facing study/living room windows. The applicant claims an improvement in shadow impact at 9:00 am, 12 noon and 3:00pm in the winter solstice. However, the applicant’s shadow analysis is considered deficient and does not support the claimed improved solar impact. Accordingly, loss of sunlight to the adjoining property form part of the reasons for refusal of the DA. 

 

Non-compliances with DCP – Dwelling Houses and Attached dual Occupancies

The inconsistencies with the provisions of the DCP are addressed in Section 7.2 of this report and form part of reasons for refusal.

 

Excessive bulk and scale

The proposal exceeds the maximum FSR and wall height preferred solutions, and does not meet the corresponding objectives and performance requirements of the DCP, which together with an unsatisfactory design, layout and external material selection (including the use of an excessive void surrounded by large expanse of crib/block work screen wall and other large areas of splayed masonry walls) results in a visually intrusive and dominant building in the context of the foreshore scenic protection area and the surrounding residential area.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officer’s comments and conditions have been provided for inclusion with any consent if granted.

 

7.    Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

The proposal is not considered to be consistent with the aims of RLEP 1998 and the specific objectives of the residential 2A zone as detailed in the assessment section below. The proposal also does not satisfy Clause 29 of the LEP relating to foreshore scenic area protection.

 

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

The provisions of the Draft Randwick LEP 2012 are detailed in the assessment section below.

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

The proposal does not satisfy the objectives and performance requirements in the DCP Dwelling Houses and Attached Dual Occupancies, as discussed in the key issues section of this report.

 

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

Not applicable.

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

 

The relevant clauses of the Regulations can be addressed through conditions of consent if granted.

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 proposed development will have adverse environmental impacts on the natural environment, specifically, the foreshore scenic protection area, and the built environment in the locality as addressed in this report.

 

The proposed development is not considered to be consistent with the dominant residential character in the locality. The proposal is considered to result in detrimental impacts on adjoining sites.

 

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

The site is located within the foreshore scenic protection area and, while the proposed building does not encroach beyond the designated foreshore building line, the building proposed over the remaining developable portion of the subject site is considered an over development relative to the area of this developable section, resulting in a visually intrusive, monolithic and excessive built form in the foreshore scenic protection and surrounding residential area.

 

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 does not promote the objectives of the zone and will result in adverse impacts on adjoining sites, the streetscape and the foreshore scenic protection area. Accordingly, the proposal is considered not to be in the public interest.

 

 

7.1    Environmental Planning Instruments

 

7.1.1          Randwick Local Environmental Plan 1998 (Consolidation)

Clause 9 - Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”. With reference to the general aims, as set out in relevant sections of this report, the proposed development will compromise the aims of the LEP in relation to aesthetic character, sustainability, environmental qualities and social amenity of the locality and will compromise the amenity of the residential area, contrary to the specific zone objectives.

 

Clause 10 - Zone No 2A

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the property is within the foreshore scenic protection area, the proposed activity is permissible with Council’s consent. The proposal has been assessed against the relevant objectives of the Residential 2A Zone as stipulated within the Randwick LEP, which have been outlined below:

 

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

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

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

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

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

(e)  to encourage housing affordability, and

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

 

The proposal is considered to not meet the objectives of the Randwick LEP for the re