Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                          12 February 2013

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 12 February 2013 at 6:00 p.m.

 

 

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

 

Quorum:                           Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 4 December 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports (record of voting required)

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

D1/13       48 Cuzco Street, South Coogee (DA/238/2012) Deferred

D2/13       35 Bream Street, Coogee (DA/714/2012)

D3/13       16 Douglas Street, Clovelly (DA/335/2012)

D4/13       14 Reservoir Street, Little Bay (DA/66/2012/A)

D5/13       86 Dudley Street, Coogee (DA/452/2010/C)

D6/13       Shop 2/393 Anzac Parade, Kingsford (DA/797/2012)

D7/13       3R Marine Parade, Maroubra (DA/659/2012)

D8/13       205 Oberon Street, Coogee (DA/500/2010/A)

D9/13       66 Gubbuteh Road, Little Bay (DA/781/2008/D)

D10/13      14 Govett Street, Randwick (DA/251/2011/A)

D11/13      121 Houston Road, Kingsford (DA/678/2012)

D12/13      15 Seaside Parade, South Coogee (DA/465/2012)

 

Miscellaneous Reports (record of voting NOT required)

M1/13       Joint Regional Planning Panel (JRPP) - Appointment of alternate members by the General Manager

M2/13       Online Lodgement of Development Applications

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D1/13

 

 

Subject:                  48 Cuzco Street, South Coogee (DA/238/2012)

Folder No:                   DA/238/2012

Author:                   Wendy Wang, Environmental Planning Officer     

 

Introduction

 

The application details significant alterations and additions to the existing dwelling, including the addition of a first floor level and minor internal alterations to the existing floor plan at lower ground floor level and ground floor level. The existing rear balcony at ground floor level will be retained and a new rear balcony of similar proportions at first floor level is proposed. Onsite parking at lower ground floor level will be retained.

 

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

 

(Matson/Shurey) that the application be deferred for mediation and for the applicant to be invited to submit amended plans to adjust the extent of the roof covering over the rear balcony.

 

It is noted that amended plans have been submitted on two separate occasions prior to the deferral of this application to address issues raised by Council incorporating the following key changes: -

 

Issue 02 DA, dated and received by Council on 12 June 2012: 

 

·      Reversing the angle of the roof to lower the height at the rear (north) by 500mm to mitigate view loss.

·      Increasing the front setback and reducing the solidness of the building at the front.

 

Issue 03 DA, dated 07.09.2012 received by Council on 7 September 2012:

·      Changes to the design of the rear balcony to reduce view loss in relation to the western neighbour.

 

Issues and Mediation Proceedings

A mediation session was held on 29 November 2012 between the applicants acting on behalf of the owners of the subject site and three (3) objectors from Nos. 43, 46, and 47 Cuzco Street. During the course of the mediation session, a number of issues were raised by the objecting parties (i.e. view loss and lack of compromise from the applicant through submission of any amended plans). At the conclusion of the mediation, the applicant agreed to consider the following:

 

·      Options that reduce the extent of roof coverage over the rear balcony;

·      Removal of the balcony columns and reduce the depth of the balcony by 600mm

·      Reduction of floor to ceiling height from 3m to 2.7m of the north facing room of the first floor to be more consistent with the 2.4m ceiling height of the south facing room.

 

Following the mediation process, the owners of the subject site have submitted a letter dated and received by Council on 20 January 2012 advising Council that:

 

i)        Significant modifications have been made to their proposal at the request of the neighbours and Council’s Assessment Officer including provision of photomontages in order to facilitate view loss assessment.

 

ii)       They are not prepared to discuss matters raised at the mediation proceedings which are beyond the scope of the purpose of the mediation (specifically in reference to the extent of the rear balcony roof which directly impacts No. 43 Cuzco St). As such, their response is limited to the following issues: -

 

·           Reduction of the extent of roof coverage over the rear balcony – it is not proposed to alter the current roof structure, which has been recommended for approval by Council’s Assessment officer. A full roof cover is necessary in order to achieve a useable outdoor space and prevent damage to furniture and carpet and minimize heat absorption to the rear rooms.

 

·           Reduction of floor to ceiling heights from 3m to 2.7m of the north facing room of the first floor to be more consistent with the 2.4m ceiling height of the south facing room – no change as this was not a matter which was required to be addressed by Council’s Planning Officer, who has assessed the ceiling heights as being acceptable in its current form (which have already been lowered by 600mm at the rear of the property at Council’s request). The impacts of a further 300mm reduction will be negligible given the distance between Nos. 43 and 48 and will result in compromised amenity for the proposed dwelling.

 

·           Removal of the balcony columns and reduction of the balcony by 500mm – this has already been addressed in the amended plans submitted to Council on 7 September 2012

 

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

 

It is considered that the proposed alterations and additions to the dwelling will not result in significant adverse amenity or visual impacts on the area. The development complies with the objectives and performance requirements of the DCP and is considered to be satisfactory. The application is, therefore, recommended for approval subject to conditions of consent.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

 

Conclusion

 

The proposal involves significant alterations and additions to the existing dwelling, including the addition of a first floor level and minor internal alterations to the existing floor plan at lower ground floor level and ground floor level. The existing rear balcony at ground floor level will be retained and a new rear balcony of similar proportions at first floor level is proposed. Onsite parking at lower ground floor level will be retained.

 

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

 

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

 

Recommendation

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/238/2012 for substantial alterations and additions to the existing dwelling including new upper level at 48 Cuzco Street, South Coogee subject to the schedule of conditions outlined in this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Issue

Drawn by

Stamped

DA002

02 12.06.2012

MCK Architects

12 June 2012

DA003

02 12.06.2012

MCK Architects

12 June 2012

DA004

02 12.06.2012

MCK Architects

12 June 2012

DA005

02 12.06.2012

MCK Architects

12 June 2012

DA006

02 12.06.2012

MCK Architects

12 June 2012

DA007

02 12.06.2012

MCK Architects

12 June 2012

DA008

03 07.09.2012

MCK Architects

7 September 2012

DA009

03 07.09.2012

MCK Architects

7 September 2012

DA010

02 12.06.2012

MCK Architects

12 June 2012

DA011

02 12.06.2012

MCK Architects

12 June 2012

DA015 Colours/ Materials

02 12.06.2012

MCK Architects

12 June 2012

 

BASIX Certificate

No.

Dated

48 Cuzco Street , Coogee

422749S

05 April 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Section 94A Development Contributions

3.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,204,846.00, the following applicable monetary levy must be paid to Council: $12,048.46

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

9.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

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

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

Building & Design

10.     The external walls of the dwelling must be located not less than 900mm from the site boundary.

 

11.     Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 450mm.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·        Details of hazardous materials (including asbestos)

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

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

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

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

·        Other relevant details, measures and requirements to be implemented

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

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

23.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·            Work Health & Safety Act 2011 and Regulations

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

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997 and Regulations

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·        Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

26.     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)     Public access to the building site and materials must be restricted by existing boundary fencing or temporary site fencing having a minimum height of 1.5m, to Council’s satisfaction.

 

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

 

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

 

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

 

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

 

f)      Site fencing, building materials, bulk bins/waste containers and 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 in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

27.     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.

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

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

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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 (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·        Other appropriate effective safety measures or barrier.

 

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

 

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.

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

38.     The premises must only be used as a single residential dwelling and must not be used for dual or multi-occupancy purposes.

 

External Lighting

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.

 

Plant & Equipment

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

 

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

 

Air Conditioners

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

 

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

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

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

Attachment/s:

 

1.View

Planning Committee Report on 13 November 2012

 

 

 

 


Planning Committee Report on 13 November 2012

Attachment 1

 

 

 

Development Application Report No. D97/12

 

 

Subject:                  48 Cuzco Street, South Coogee (DA/238/2012)

Folder No:                   DA/238/2012

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Substantial alterations and additions to the existing dwelling including new upper level.

Ward:                      Central Ward

Applicant:                Marsh Cashman Koolloos Architects

Owner:                         Mr T A Hardwick, Ms M L Morales

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application is reported to the Planning Committee at request of Councillors Matson, Bowen and Roberts.

 

The proposal involves significant alterations and additions to the existing dwelling, including the addition of a first floor level and minor internal alterations to the existing floor plan at lower ground floor level and ground floor level. The existing rear balcony at ground floor level will be retained and a new rear balcony of similar proportions at first floor level is proposed. Onsite parking at lower ground floor level will be retained.

 

Amended plans have been submitted by the applicant (Issue 02 DA,12 June 2012 and Issue 03 DA, 10 September 2012) that address issues raised by Council and through objections, primarily in relation to view loss and side setbacks

 

The subject site is located at the eastern end of Cuzco Street on the northern side of the road. The site is regular in shape and has a total site area of 363.7m2.  The site has a cross fall from west to east and from south to north and there is no vegetation of note within the site. The site contains an existing part 1 – part 2 level detached dwelling with onsite parking located to the front at basement level.

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification on two separate occasions: 23 April 2012 – 8 May 2012 and 18 June 2012 – 2 August 2012. Objections received by neighbours primarily relate to view loss and have been addressed within the body of this report. View loss as a result of the proposed development has been assessed within the context of the Principles of View Sharing established by the Court in Tenacity Consulting v Waringah [2004] NSWLEC 140 and is considered to be reasonable.

 

The Development application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1997 and relevant planning documents are specifically addressed within this report. In particular, the proposal is considered to generally satisfy the objectives of the Residential 2A Zone as per the Randwick LEP 1998 (Consolidation) and the performance requirements and objectives of the DCP for Dwelling Houses and Attached Dual Occupancies, as detailed within the body of this report.

 

The application is recommended for approval.

 

1.        Site Description

 

The subject site is located at the eastern end of Cuzco Street on the northern side of the road. The site is regular in shape, has a frontage to Cuzco Street of 9.145m, a depth of 39.775m and a total site area of 363.7m2.

 

The site has a cross fall from west to east and from south to north, which levels out to a flat surface within the rear yard of the site. There is no vegetation of note within the site.

 

The site contains an existing part 1 – part 2 level detached dwelling with onsite parking located to the front at basement level. The existing dwelling dates from c. 1940 and is constructed of brick and tile. The pitched roof has a ridge height of RL33.76 AHD.

 

Existing brick and tile dwelling at No. 48 Cuzco Street.

 

2.        Proposal

 

The proposal involves significant alterations and additions to the existing dwelling, including the addition of a first floor level and minor internal alterations to the existing floor plan at lower ground floor level and ground floor level. The existing rear balcony at ground floor level will be retained and a new rear balcony of similar proportions at first floor level is proposed. Onsite parking at lower ground floor level will be retained.

 

2.1      Amendments

Amended plans have been submitted by the applicant (Issue 02 DA,12 June 2012) that address issues raised by Council and through objections, primarily in relation to view loss and side setbacks. Key changes that were made involve:

 

·      Reversing the angle of the roof to lower the height at the rear (north) by 500mm to mitigate view loss.

 

·      Increasing the front setback and reducing the solidness of the building at the front.

 

Further amended plans have been submitted by the applicant (Issue 03 DA, 10 September 2012):

 

·      Changes to the design of the rear balcony to reduce view loss in relation to the western neighbour.

 

3.        Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification on two separate occasions: 23 April 2012 – 8 May 2012 and 18 June 2012 – 2 August 2012 . As a result of these notifications, the following submissions were received:

 


47 Cuzco Street

 

Objection

Comment

Building height is excessive and will result in the loss of views to Coogee Beach, Baden Park, residential development at north Coogee and Waverly, headland of Gordon’s Bay, Trenery Park and South Coogee.

 

See comments below in relation to view loss and building height.

The proposal exceeds the DCP preferred solution for FSR.

See comments below in relation to floor area.

 

43 Cuzco Street

 

Objection

Comment

Building bulk is excessive and will result in view loss.

 

See comments below in relation to view loss and floor area.

The proposed building height (7.5m – 9.5m) is excessive, will result in view loss and does not meet the objectives of the DCP.

 

See comments below in relation to building height, view loss and assessment against DCP objectives.

The building has inadequate side setbacks and lacks articulation on the eastern and western elevations.

 

The proposed first floor addition generally aligns with the footprint of the existing dwelling. The side setbacks at first floor level have been increased (see amended plans Issue 02 DA) and the width of the site does not provide good opportunities for significant articulation or stepping along side elevations. Visual interest is provided by the use of varied materials and glazing. The side elevations are not highly visible from the street and the lack of physical articulation is not expected to have any unacceptable impacts.

 

The three storey scale of the proposed development is not compatible with the existing streetscape.

See comments below in relation to building bulk and building height.

The proposed side setbacks are inadequate. The third floor level should be setback 3m from side boundaries in accordance with DCP preferred solutions.

 

The proposed side setbacks have been increased to 900mm on both sides and are considered to be reflective of existing development within the immediate vicinity of the site. See comments in relation to DCP assessment, setbacks, for further detail.

The proposed development would block iconic views of Wedding Cake Island, from a sitting position in the lounge in particular, and is inconsistent with the principle of view sharing.

See comments below in relation to view loss.

 

46 Cuzco Street

 

Objection

Comment

View loss from additions approved (not yet constructed) under DA/132/2012 due to insufficient front setback of first floor addition.

 

As per correspondence received in relation to the second notification period, the objector considers this issue to be addressed by amended plans, Issue 02 DA:

 

“I objected to the lack of setback to the front of this property on the first DA submission and the response was a satisfactory set back alternative.”

Regarding amended plans: extension of dwelling to the rear will impede views due to form (solidness) and design.

 

This issue is considered to have been addressed by further amendments to the proposal, Issue 03 DA, which partially remove the solid side walls associated with the upper floor balcony.

 

45 Cuzco Street

 

Objection

Comment

Non compliance with DCP preferred solutions in relation to floor space ratio, building height, setbacks.

See comments below in relation to floor space ratio, building height and DCP assessment in relation to setbacks.

The proposed development will diminish existing levels of privacy due to the placement of windows fronting the street.

 

Adequate separation is provided between the proposed south facing windows and the objectors property. Furthermore, windows and opening fronting the street are encouraged to provide for passive surveillance of public space.

The proposed development would block views and is inconsistent with the principle of view sharing.

See comments in relation to view loss below.

 

50 Cuzco Street

 

Objection

Comment

The proposed development will diminish existing levels of privacy due to the placement of windows on the eastern elevation and at the rear of the property.

 

The majority of east facing windows at first floor level have a minimum sill height of 1500mm from floor level and are not expected to create opportunities for overlooking that would unreasonably compromise the privacy of No. 50 Cuzco Street. Rear/north facing windows will capitalise on views to the north and north east and expected levels of overlooking will not be unreasonable. The existing patterns of fenestration on the eastern and western elevation at lower ground and ground levels will be generally maintained. See DCP assessment in relation to privacy for further detail.

 

4.        Key Issues

 

4.1      Building Bulk

The proposal involves a first floor addition to an existing two level detached dwelling, which will increase floor area from 232m2 to 365m2. The lower ground floor of the existing dwelling sits below street level and is partially contained below ground. The ground floor level sits at approximately street level. Presently, the dwelling presents to the street as single storey dwelling with basement off-street parking. 

 

The proposed first floor (122m2) will be contained wholly within the footprint of the existing dwelling. Once constructed, the bulk of the dwelling when viewed from the street will be consistent with two storey dwellings on adjoining sites and consistent with the scale of dwellings within visual proximity to the site.  The foot print of the dwelling will not protrude beyond the front or rear setbacks generally established by development on adjoining sites.

 

There are a number of larger dwellings on long narrow sites at the lower end of Cuzco Street, No’s. 52 – 56 in particular, and dwellings that present to the street as three to four storeys on the southern side of the street. As such, the form of the proposed dwelling is not considered to be inconsistent with streetscape character within visual proximity of the site.

 

For the reasons discussed above, the bulk of the proposed dwelling is considered compatible with the predominant scale of development in the locality and is not expected to have any unreasonable impacts in relation to view loss, overshadowing, visual bulk/dominance or adverse impacts on the streetscape.

 

4.2      Building Height

The proposal involves a first floor addition to an existing two level detached dwelling, the lower ground floor of which is partially contained below ground and the ground floor level sits approximately at street level. Presently, the dwelling presents to the street as single storey dwelling with basement off-street parking. The proposed dwelling would present to the street as a two storey dwelling with basement level parking at the front and a three level dwelling at the rear.

 

The scale of the proposed development will be consistent with existing dwellings that are within visual proximity to the site. As depicted in the streetscape elevation below, the proposed first floor addition will step down from the dwelling to the west (left) and reflects the sloping topography of the street. 

 

The most significant variation from the DCP external wall height preferred solution occurs at the rear and is partly attributed to the sloping nature of the site. The front of the dwelling generally sits below the 7m external wall height control. A flat roof has been proposed with a pitch that falls south to north to limit view loss impacts and, through the assessment process, the height of the dwelling at the rear has been reduced by 500mm. The maximum height of the dwelling (RL34.385, front ridge line) is 625mm above the ridge of the existing dwelling (RL33.76) and does not present a significant increase in overall building height.

 

Overall, the scale of the proposed development is consistent with the predominant streetscape character in relation to massing and proportions and will be compatible with the existing character of development within the locality.

 

Streetscape (south) elevation

 

4.3      View Loss

 

View Loss Assessment

The proposed development has the potential to block or obscure views of the Pacific Ocean and the coast line to the north, obtained from properties on the southern side of Cuzco Street in particular.  Numbers 43, 45 and 47 were visited in carrying out the below assessment and portable height poles were used to establish the height of the proposed dwelling. The above properties are considered to present the “worst case scenario” in relation to view loss impacts. Amendments have been proposed that reduce view loss impacts associated with the proposal as discussed above. An assessment of the proposal against the Principles of View Sharing established by the Court in Tenacity Consulting v Waringah [2004] NSWLEC 140 has been undertaken below.

 

Affected Property

·      Assessment of views to be affected

·      Part of property where views are obtained

·      Extent of the impact

No. 43 Cuzco Street.

No. 43 Cuzco Street has a four level frontage to Cuzco Street (garage level, ground floor level, first floor level and second floor level) and obtains views to the Pacific Ocean, Wedding Cake Island, north Coogee and beyond. At ground and first floor level there are north facing living areas and balconies that are orientated to the north/subject site. At second floor level there is a master bedroom and terrace that is also orientated towards the north/subject site.

 

Views over the subject site, as described, are available from first floor level and second floor level. Views that will be affected by the proposed development are those from the first floor living area and balcony, obtained from a sitting and standing position, as depicted in the images below. 

 

View from first floor living area, standing position. Wedding Cake Island visible in the centre of the image.

 

View from first floor living area, sitting position. Wedding Cake Island visible in the centre of the image.

 

View from second floor bedroom, standing position. View is not expected to be affected by the proposed development.

 

The proposed first floor addition is expected to block a portion of the ocean views that are currently obtained from first floor and second floor level. Quantitatively, view loss is expected to be minor (i.e. 5%). Notwithstanding, from a standing position (from approximately the centre of the living area) at first floor level, view loss is expected to stop short of blocking views of Wedding Cake Island; it is acknowledged that the completeness of these views will be diminished. Views of wedding cake island obtained from a sitting position are likely to be at least partially blocked. For this reason, view loss is expected to be moderate. Views obtained from the first floor balcony of wedding cake island (standing position) are likely to be retained in more of their entirety and views obtained from second floor level will be largely unaffected.

 

The above image (standing position, first floor living area) provided by the applicant is considered to be generally accurate in illustrating the proposed extent of view loss. NB: The red dashed line indicated the roof form as proposed prior to amendment.

 

No. 45 Cuzco Street.

No. 45 Cuzco Street has a three level frontage to Cuzco Street (garage level, ground floor level, and first floor level) and obtains views to the Pacific Ocean, Wedding Cake Island, north Coogee and beyond. The owner of the property has also identified views to the “Bombie” at Tamarama as also being of high value. The “Bombie” is a surf break that is located approximately 200m east off Tamarama Beach. In large surf conditions, the breaking waves are expected to be visible from the objectors property.

 

At first floor level there are north facing living areas, a study/home office, bedroom and balcony that have views orientated to the north/subject site. Views directly over the subject site include ocean, the headland of north Coogee, the Bombie, and the coastline beyond. Views are currently available from a sitting and standing position.

 

View from first floor bedroom, standing position.

 

View from first floor study/home office, sitting position.

 

 


View from edge of first floor living area/balcony standing position with insert of north Coogee headland.

 

The proposed first floor addition is expected to block a portion of the ocean views that are currently obtained from the bedroom, study/home office, living area and balcony at first floor level. Quantitatively, view loss is expected to be minor (i.e. 5%). Notwithstanding, while it is acknowledged that  view loss from a sitting position at first floor level in study/home office and living area is expected to stop short of blocking views of the Bombie at Tamarama, it is acknowledged that the completeness of these views will be diminished. For this reason, view loss is expected to be minor to moderate. A reasonable view of the Bombie is expected to be retained from a standing position at first floor level and the ridge of the dwelling is expected to stop just below the Bombie from a sitting position at the study/home office, but it is acknowledged that from a sitting position this view would be potentially obscured. Aside from that part of the north Coogee headland which is visible from the balcony (see insert above), the interface of land and water above the subject site is expected to be retained from all locations at first floor level. 

 

The above image (first floor bedroom) provided by the applicant is considered to be generally accurate in illustrating the proposed extent of view loss. NB: The red dashed line indicated the roof form as proposed prior to amendment.

 

No. 47 Cuzco Street.

No. 47 Cuzco Street has a three level frontage to Cuzco Street (garage level, ground floor level, and first floor level) and obtains views to the Pacific Ocean, Wedding Cake Island, north Coogee and beyond. At first floor level there are north facing living areas and balcony that have views orientated to the north/subject site. Views directly over the ridge of the existing property include views of the north Coogee headland and the interface between land and water beyond. The best views of the north Coogee headland are obtained from the eastern most windows and the eastern edge of the balcony. Views are currently available from a sitting and standing position.

 

 

View from edge of first floor living area, standing position.

 

View from eastern most window off first floor living area, standing position with insert of north Coogee headland.

 

View from balcony, western edge, sitting position.

 

The proposed first floor addition is expected to block a portion of the ocean views that are currently obtained from the balcony and first floor living area. Quantitatively, view loss is expected to be minor (i.e. 5%). Qualitatively, the proposed addition will block views of the north Coogee headland, that are obtained primarily from the western edge of the dwelling, which provides a good view of the interface between land and water. It is noted, however, that this view is not complete and would be largely blocked if the roof of the existing dwelling were extended to the rear. A significant majority of the existing panoramic views currently available, however, will be retained to the north, north east and east.

 

Existing views unaffected by proposed development. Subject site and existing dwelling visible on left edge of image.

 

Overall, view loss is expected to be minor. The majority of views obtained from No. 47 Cuzco Street will be retained and views lost of the north Coogee headland are not complete views and are obscured by the ridge of the existing dwelling at No. 48 Cuzco Street.

 

Reasonable-ness of the proposal.

It is noted that the proposed dwelling does not adopt a number of the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies including floor area, setbacks and external wall height, in particular. Notwithstanding, the height, bulk and proximity to side boundaries is consistent with the form of development that is within proximity to the site and characteristic of the immediate locality. 

 

There are a number of larger dwellings on long narrow sites at the lower end of Cuzco Street, No’s. 52 – 56 in particular, and dwellings that present to the street as three to four storeys on the southern side of the street. The proposed first floor will be contained wholly within the footprint of the existing dwelling. Once constructed, the bulk of the dwelling when viewed from the street will be consistent with two storey dwellings on adjoining sites. The proposed first floor addition will step down from the dwelling to the west (left) and reflects the sloping topography of the street. The most significant variation from the DCP external wall height preferred solution occurs at the rear and is partly attributed to the sloping nature of the site. The front of the dwelling generally sits below the 7m external wall height preferred solution. In this instance, floor area is not considered to be a significant contributor to view loss as any first floor addition would be expected to have view loss impacts similar to those described above.

 

There are various aspects of the dwelling which indicate that view loss has been considered in the design of the dwelling. In particular, a flat roof has been proposed with a pitch that runs south to north. Through the assessment process, the height of the dwelling at the rear has been reduced by 500mm. The maximum height of the dwelling (RL34.385, front ridge line) is 625mm above the ridge of the existing dwelling (RL33.76) and does not present a significant increase in overall building height.

 

Conclusion

Overall, the proposal is considered to satisfy the Principles of View Sharing established by the LEC in Tenacity Consulting v Warringah [2004] NSWLEC 140 and view loss as a result of the proposed development reflects that reasonably expected as a result of reasonable development within the subject site.

 

 

5.    Engineering Comments

 

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

 

6.    Environmental Planning and Assessment Act 1997

 

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

 

·      Environmental Planning and Assessment Act 1997

·      Randwick Local Environmental Plan 1998 (Consolidation)

·      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

·      Development Control Plan: Dwelling Houses and Attached Dual Occupancies

In relation to Section 79C(1)(b) (The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality, the environmental impacts of the proposed development on the natural and built environment) the proposed development is consistent with the dominant residential character in the locality and is not considered to result in detrimental social or economic impacts on the locality. Impacts such as view loss, overshadowing, privacy, visual bulk and streetscape amenity have been addressed within the body of this report.

 

7.    Randwick Local Environmental Plan 1998 (Consolidation)

 

7.1      Clause 10: Residential A Zone Objectives

The objectives of the Residential A Zone that relate to the proposed development seek to provide a low density residential environment; maintain the desirable attributes of the established residential area; to protect the amenity of existing residents; and to encourage housing affordability.

 

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

 

7.2      Clause 29: Foreshore Scenic Protection Area

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

 

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

 

8.        Draft Randwick Local Environmental Plan 2012 (Draft LEP)

 

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

R2 – Low Density Residential

 

Is development permitted under zoning?

 

Dwelling Houses are permitted within the Zone.

Part 3 level detached residential dwelling.

Yes

Floor Space Ratio (Maximum)

0.75:1

1.01:1

No

Height of Building (Maximum)

9.5m

9m

Yes

Lot Size (Minimum)

Not applicable to existing single dwelling houses.

 

N/A

Scenic Protection.

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

See above.

 

Yes.

 

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

 

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

 

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

 

The proposed development has been assessed against the DCP: Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives and performance requirements. The DCP states that a proposal is deemed to satisfy the objectives and performance requirements of the DCP if it complies with the corresponding preferred solutions. Where the proposal does not satisfy the preferred Solutions of the DCP an assessment against the relevant objectives and performance requirements has been carried out.

Objectives

Comment

3.1 Solar Access and Energy Efficiency

·    To promote energy efficiency in the design, construction and use of housing;

·    To encourage the use of reusable, recyclable and renewable resources in construction;

·    To reduce energy costs in demolition, reconstruction and recycling by maximising the lifecycle of buildings;

·    To encourage the use of passive solar design;

·    To protect solar access enjoyed by neighbours.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to solar access and energy efficiency for the following reasons:

·    A BASIX certificate has been obtained in relation to the proposed dwelling and conditions have been recommended that require compliance with BASIX certificate recommendations.

·    Given the topography and orientation of the site, principle private open space areas located to the north of the dwelling (at ground level and balconies) are expected to receive well in excess of 3 hours sunlight between 9am and 3pm on 21 June.

·    North facing windows are expected to receive well in excess of 3 hours sunlight between 9am and 3pm on 21 June.

·    There are no known solar collectors on any adjacent building that will be affected by the proposed development.

·    Shadows cast by the proposed development will not affect any north facing window of an adjoining property for more than 3 hours between 9am and 3pm on 21 June.

·    Shadows cast by the proposed development will not affect the principle open space of an adjoining property for more than 3 hours between 9am and 3pm on 21 June.

3.2 Water Management

·    To control stormwater quality and quantity and eliminate discharge impacts on adjoining properties;

·    To ensure cost-effectiveness in the provision and maintenance of stormwater drainage works;

·    To reduce pressure on new housing development on domestic water supplies;

·    To ensure that building and landscaping design incorporate techniques for conserving mains water;

·    To encourage rainwater storage for domestic use reducing run off.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to water management for the following reasons:

·    A BASIX certificate has been obtained in relation to the proposed additions and relevant conditions have been recommended that require compliance with BASIX certificate requirements.

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

·    Areas of soft landscaping within the site remain generally unchanged and no significant impervious areas are to be created.

 

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 site will provide 158m2 (44%) landscaped area and 88m2 (44%) soft landscaped area. The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to landscaping and open space for the following reasons:

·    The proposed first floor addition is contained within the existing footprint of the dwelling and there will be no real change to landscaped area within the front or rear yard.

·    New private open space areas will be created through the addition of a new north facing balcony at first floor level.

·    The proposal does not involve any removal of significant vegetation.

4.2 Floor Area

·    To ensure that developments are not excessive in bulk or scale but are compatible with the existing character of the locality.

 

The DCP preferred solution for floor area associated with the site is 0.6:1 or 216m2. The existing dwelling has a GFA of 232m2 or an FSR of 0.64:1. The proposal has 365m2 gross floor area and a floor space ratio of 1.01:1. Notwithstanding, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to floor area for the following reasons:

·    The lower ground floor of the existing dwelling sits below street level and is partially contained below ground. The ground floor level sits at approximately street level. Presently, the dwelling presents to the street as single storey dwelling with basement off-street parking.  The bulk of the dwelling when viewed from the street will be consistent with two storey dwellings on adjoining sites and consistent with the scale of dwellings within visual proximity to the site.

·    The foot print of the dwelling will not protrude beyond the general front or rear setbacks established by existing development on sites to the east and west. 

·    There are a number of larger dwellings on long narrow sites at the lower end of Cuzco Street, No’s. 52 – 56 in particular, and dwellings that present to the street as three to four storeys on the southern side of the street.

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

4.3 Height, Form and Materials

·    To ensure that the height and scale of buildings relate to the topography of the site with minimal cut and fill;

·    To ensure that developments are not excessive in height and compatible with the existing character of the locality;

·    To ensure buildings preserve privacy and natural light access to neighbouring dwellings and allow for a sharing of views;

·    To ensure additions do not detract from the individual character and appearance of the existing dwelling; and

·    To ensure that buildings enhance the predominant neighbourhood and street character.  

 

The maximum external wall height of 9m occurs at the north eastern corner of the proposed first floor.  Notwithstanding, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to height form and materials for the following reasons:

 

·    The most significant departure from the DCP external wall height preferred solution occurs at the rear and is partly attributed to the sloping nature of the site. The majority of the front elevation of the dwelling sits below the 7m external wall height control.

·    The maximum height of the dwelling (RL34.385, front ridge line) is 625mm above the ridge of the existing dwelling (RL33.76) and does not present a significant increase in overall building height.

·    A flat roof has been proposed with a pitch that runs south to north to limit view loss impacts and, through the assessment process, the height of the dwelling at the rear has been reduced by 500mm.

·    The proposed dwelling follows the stepping height of dwellings on the northern side of Cuzco Street and reflects the natural topography of the site. The height and scale of the proposed development is consistent with the scale of development that has occurred within proximity of the site.

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

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

4.4 Building Setbacks

·    To integrate development with established setbacks of the street and maintain environmental amenity of the streetscape;

·    To ensure dwellings have adequate access to natural daylight and fresh air; and

·    To maintain and enhance establish trees and vegetation

 

Front setback:

·    The front setback of the proposed first floor addition is 4.5m, which sits behind the existing setback of the existing ground floor level, 3.015m

Side setbacks:

East:

·    900mm at all levels.

West:

·    900mm at all levels.

Rear setback:

·    7.5m, unchanged.

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

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

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

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

4.5 Visual and Acoustic Privacy

·    To ensure that new buildings and additions meet occupants and neighbours requirements for visual and acoustic privacy.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to visual and acoustic privacy for the following reasons:

·    New windows on side elevations are generally restricted to the eastern elevation of the first floor addition.

·    While the length of the proposed eastern elevation at first floor level is glazed, sill height is above 1500mm, excluding the last 3 panes of glass at the north-eastern corner. The last three panes of floor to ceiling height window are proposed to capitalise on views to the north east and are not considered unreasonable, given the context of the site.

·    Windows and balconies are generally orientated to capitalise on views that are available to the south east and east. The openness of balconies and lack of privacy screening is consistent with balconies on adjoining sites.

Rear balcony at No. 52 Cuzco.

 

Rear balcony at No. 46 Cuzco.

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

 

4.6 Safety and Security

·    To ensure a safe physical environment by promoting crime prevention through design;

·    To ensure the security of residents and visitors and their property and enhance the perception of community safety.

 

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

 

4.7 Garages and Carports

·    To ensure that on-site car parking and driveways are not visually obtrusive or detract from the appearance of dwellings or the streetscape; and,

·    To provide convenient and safe car parking

 

The existing garage location is generally unchanged.  The configuration of parking and access has been reviewed by Council’s development engineer. Recommended conditions in relation to access and grades have been provided and are included in the recommendation.

 

4.8 Fences

·    To ensure that front fencing is integrated with the streetscape and continues positively to street character;

·    To ensure that front fencing is integrated with landscape and dwelling design; and,

·    To ensure adequate privacy, amenity, safety and security for occupants of new and existing dwellings.

 

Solid front fencing to a height of 1.1m is proposed at the street boundary. 

 

11. Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

more than $200,000

$1,204,846.00

1%

$12,048.46

 

12.      Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

 

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

Refer to table above.

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

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

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

 

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

 

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

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in Urban Design and Development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The application is, therefore, recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/238/2012 for substantial alterations and additions to the existing dwelling including new upper level at 48 Cuzco Street, South Coogee subject to the schedule of conditions outlined in this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Issue

Drawn by

Stamped

DA002

02 12.06.2012

MCK Architects

12 June 2012

DA003

02 12.06.2012

MCK Architects

12 June 2012

DA004

02 12.06.2012

MCK Architects

12 June 2012

DA005

02 12.06.2012

MCK Architects

12 June 2012

DA006

02 12.06.2012

MCK Architects

12 June 2012

DA007

02 12.06.2012

MCK Architects

12 June 2012

DA008

03 07.09.2012

MCK Architects

7 September 2012

DA009

03 07.09.2012

MCK Architects

7 September 2012

DA010

02 12.06.2012

MCK Architects

12 June 2012

DA011

02 12.06.2012

MCK Architects

12 June 2012

DA015 Colours/ Materials

02 12.06.2012

MCK Architects

12 June 2012

 

BASIX Certificate

No.

Dated

48 Cuzco Street , Coogee

422749S

05 April 2012

 

Amendment of Plans & Documentation

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,204,846.00, the following applicable monetary levy must be paid to Council: $12,048.46

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

6.       The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; 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:

 

·           $600.00     -      Damage / Civil Works Security Deposit

 

Security deposits 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.

 

Sydney Water

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

 

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

 

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

 

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

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

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

Design Alignment levels

10.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

Driveway Design

11.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

13.     A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

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

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

Building & Design

14.     The external walls of the dwelling must be located not less than 900mm from the site boundary.

 

15.     Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 450mm.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·        Details of hazardous materials (including asbestos)

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

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

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

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

·        Other relevant details, measures and requirements to be implemented

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

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Public Utilities

22.     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.

 

23.     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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

27.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·            Work Health & Safety Act 2011 and Regulations

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

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997 and Regulations

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·        Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

 

Public Safety & Site Management

30.     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)     Public access to the building site and materials must be restricted by existing boundary fencing or temporary site fencing having a minimum height of 1.5m, to Council’s satisfaction.

 

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

 

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

 

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

 

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

 

f)      Site fencing, building materials, bulk bins/waste containers and 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 in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

31.     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.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

·        Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·        Other appropriate effective safety measures or barrier.

 

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

 

Council’s Infrastructure, Vehicular Crossings, street verge

39.     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.

 

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

 

 

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

 

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

 

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

 

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

 

41.     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.

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

42.     The premises must only be used as a single residential dwelling and must not be used for dual or multi-occupancy purposes.

 

External Lighting

43.     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.

 

Plant & Equipment

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

 

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

 

 

 

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D2/13

 

 

Subject:                  35 Bream Street, Coogee (DA/714/2012)

Folder No:                   DA/714/2012

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Demolition of an existing single carport and construction of a new double carport to the front of the dwelling, new front fence and installation of rainwater tank

Ward:                      East Ward

Applicant:                Mr R J Moore

Owner:                         Mr R J Moore and Mrs B D Moore

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This development application is referred to the Planning Committee at the request of Councillors Roberts, Stavrinos and Smith.

 

The proposal is for demolition of an existing single carport and construction of new double carport to the front of the dwelling, new front fence and installation of a rainwater tank. The existing structures in front of the existing dwelling consist of a single carport and high fence. The proposed double carport takes up 77% of the width of the site, and located at the front of a semi-detached dwelling where the adjoining semi detached dwelling does not have this type of structure at the front or neither do other sites in the vicinity, sharing similar land levels to the subject site. It is acknowledged that the subject site already contains a carport and high fence to the front however it is not considered that seeking to develop a larger, wider and higher structures at the front of the site would be consistent with the relevant objectives and performance requirements of the Development Control Plan (DCP) for Dwelling Houses and Attached Dual occupancies.

 

The applicant contends that the proposal is a minor increase in bulk to the site and that the proposed double carport will be consistent with existing carports and garages located at the front of Nos 5, 9, 17, 19 and 23A Bream Street. In response, an assessment of the subject site and surrounding area, noted the following negative aspects of the proposal:

 

·      The existing carport and high front fence was approved in 1977, well before the current DCP and LEP came into force. The existing structures do not integrate with the site or the street, it represents poor planning outcome that should not be compounded by a larger and more dominant development;

 

·      The site is already constrained by the narrow frontage, and a double carport that covers 77% of the width of the site would further detract from and dominate the dwelling; other more recent developments to semis have opted for open car spaces at the front (such as 47 Bream Street);

 

·      The examples (Nos. 5, 9, 17, 19 and 23A) provided by the applicant are not relevant, they do not form the established character of the streetscape relating to the subject site, they are mostly located a block further west, their topography is vastly different to the subject sites in that their dwellings are located well above street level where their carports and or garages are located and you can still see the dwellings behind the garages at the front; they are also sites that contain greater width than the subject site. These characteristics means the dwellings remain visible from street level and garages don’t dominate the dwelling and the site.

 

Overall, the proposal would further dominate and detract from the appearance of the existing dwelling and the character of the streetscape.

 

2.    The Proposal

 

Demolition of an existing single carport, construction of new double front carport, new front fence and installation of rainwater tank.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Bream Street. The site contains a semi-detached dwelling and front yard sits slightly lower than above street level. The site is regular in shape, with a frontage of 7.38m along Bream Street and a side boundary depth of 50.14m. The total site area is 373.3m2.  Neighbouring the property to the east is the adjoining semi-detached dwelling and to the west is an attached dual occupancy.

 

Site:

35 Bream Street

Photo:

 

DA consent:

BA/242/1977 approved the fence and carport.

Character assessment:

 

The single front carport sits at the same level as the dwelling behind. The high fence at the front in combination with the existing carport has an inconsistent scale with the dwelling behind and represents dominant presence along this part of Bream Street.

 

The block further west between Melody Street and Carrington Road contains several properties with front double garages (terraces above) as identified by the yellow line in the aerial photo below (photos of the sites are further below). The subject site is bounded in red.

                                

Figure 1: Aerial photo of site (bounded in red) and surrounding area of note being the double garages located at the front of sites on the block west of the site (bounded by yellow)

Streetscape character assessment of double garages/carports:

The applicant indicates that sites at No. 5, 9, 17, 19 and 23A as examples of double carports/garages (similar to the proposed double carport) recently approved by Council. The table below contains site details and characteristics followed by a general assessment of streetscape character. Essentially, the streetscape analysis shows that the majority of double garages located at the front of dwellings sit on lower ground level than the dwellings behind. This means that double garages on theses sites do not dominate the dwelling behind but rather respond to the natural topography of the site which rise to the rear where bulk and scale are articulated or are stepped back from street level.

 

Site:

5 Bream Street

Photo:

 

DA consent:

BA/1224/1995 approved a double garage to the front of the dwelling.

Character assessment:

 

The double garage is not inconsistent with the scale and size of garages in the immediate vicinity. It is noted that the dwelling sits on higher ground level behind.

 


Site:

7 Bream Street

Photo:

 

DA consent:

 

DA/773/2000, approved alterations and additions to existing dwelling house including new garage and plunge pool doors.

Character assessment:

 

The double garage sits in front of the dwelling behind and slightly dominates the dwelling behind because of the solid parapet above the garage. However, the dwelling behind remains sited above the level of the garage.

 

Site:

9 Bream Street

Photo:

 

DA consent:

BA/818/1972, approval to build a garage.

Character assessment:

 

The double garage at the front of the site is less dominant than the western side neighbours garage as well as the eastern side neighbours garage by virtue of the open balustrade to the terrace above. The dwelling behind sits on higher ground level than the garage.

 

Site:

15 Bream Street

Photo:

 

DA consent:

 

Council records not available showing original approval of single garage at front of the site.

 

Character assessment:

 

The single carport sits below the dwelling behind and with the open style fencing ensures a relatively open inviting presence from street level.

 


 

Site:

17 Bream Street

Photo:

 

DA consent:

 

DA/408/2009, approved at a Council meeting the erection of new brick and concrete double garage at the front of existing dwelling house with trafficable terrace above. It is noted that this consent was determined at a Council meeting which deleted a condition requiring an open balustrade to the terrace above the garage. This condition was recommended for inclusion on the basis that a clear balustrade would afford a reasonable view of the dwelling behind as well as ensuring that the proposal would be designed in line with the majority of balustrades along this section of Bream Street rather than having a solid balustrade that would unnecessarily dominate the streetscape.

Character assessment:

 

The dwelling behind sits above the double garage at the front, it is noted that the proponents of the site have provided landscaping in the form of a planter hedge and falling plants over the front and sides of the garage softening its appearance along street level.

 

Site:

19 Bream Street – The subject site is in the right side of the picture, that is the grey double garage with an open style balustrade to the terrace

 

Photo:

 

 

DA consent:

BA/1004/1972, approved a garage.

 

Character assessment:

 

The dwelling sites behind and above the double garage at the front of the site. The open balustrade ensures reasonable view of the street level from the dwelling behind.

 

Site:

23A Bream Street

Photo:

 

DA consent:

DA/955/1998 approved the double carport at the front of the site.

Character assessment:

The double carport sits below the dwelling behind. 

 

4.    Site History

 

BA/242/1977 approved the construction of a solid front fence and single carport to the front of the site.

 

5.    Community Consultation

 

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

 

5.1 Objections

Adjoining semi detached dwelling at No. 37 Bream Street

 

Issue

Comment

I am opposed to the overall size of the structure. It will dwarf my property. It will devalue my property and affect my overall enjoyment. It will make my property look like an out building extension/annexure of 35 bream Street.

The overall size of the structure is considered excessive in so far as it takes up a considerable portion of the sites frontage and the additional bulk will further dominate the adjoining semi and the streetscape.

Parking in Bream Street is critical and in my opinion another car space cannot be sacrificed, especially to someone who already has a driveway and garage.

The additional car space on site would replace a car space lost from the street.

I am further opposed to the overall height of the structure and the possible extension of the roof to the boundary line 3.2m high from my side of the wall.

The proposed roof is limited to cover the car parking spaces and does not extend to the common side boundary shared with the objector’s property. The roof is sited 1700mm from the eastern side boundary shared with the objector’s property.

I dispute the assertion, “Carport shall not impact negatively on the existing built form.” I assert that it will have a large negative impact on the streetscape.

Noted.

I dispute the structure shall have no shading effect. Mr Moore’s designer said the same thing six years ago when the rear of the property was extensively renovated. Every afternoon my backyard is shrouded in shade from 35 Bream Street.

The shadow impacts on the objector’s front yard will not be significant in so far as the structure is a single storey structure measuring 2.51m high and sited 1700mm from the shared boundary.

The application states you should look at 5, 9, 17, 19 & 23A Bream Street. This would show that none of these places are semis. They are all free standing structures.

 

The property at 23A Bream Street is a semi detached dwelling. Notwithstanding, the other properties are single detached dwellings. A streetscape analysis of these properties reveals that they share similar site topographies in that the garages sit below the dwelling behind which is not exhibited by the subject property.

I am also concerned about possible damage to my property from the ensuing workmanship. I am still paying the price for poor work affecting my property from Mr Moore’s last renovation. Not only confined to lead flashings used on steel roof which have caused them to rust through.

Should an approval be issued appropriate conditions could be included to address neighbours concerns.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers.

 

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

The site is zoned 2B residential under Randwick Local Environmental Plan (Consolidation) 1998 and the proposed development is permissible with Council’s consent. The size of the proposed double carport is considered to be excessive and will lend itself to adverse environmental, visual impacts in the locality. Therefore the relevant objectives of the zone have not been achieved.

 

7.1 Policy Controls

a.    Development Control Plan Dwelling Houses and attached dual occupancies

 

Development Control Plan (DCP) - Dwelling Houses and Attached Dual Occupancies

The proposed development has been assessed against the DCP for Dwelling Houses and Attached Dual Occupancies and is not considered to satisfy the relevant objectives and performance requirements. The DCP states that a proposal is deemed to satisfy the objectives and performance requirements of the DCP if it complies with the corresponding preferred solutions. Where the proposal does not satisfy the preferred Solutions of the DCP an assessment against the relevant objectives and performance requirements has been carried out, below.

Preferred Solution

Proposal

Compliance with objectives and performance requirements of DCP for Dwellings

4.7 Garages

 

 

Car parking spaces have minimum dimensions of 5.5m x 2.5m.

 

 

 

 

 

 

Driveways have a minimum width of 3m and are setback at least 1m from the side boundary. Driveways have a minimum width of 3m at the property boundary.

 

Garages or carports do not occupy more than 35% of the width of the site.

 

Driveway gradients do not exceed a maximum of 1 in 6. The gradient for the first five metres from the street alignment does not exceed 1 in 8.

The proposal provides for two off street parking spaces for the semi detached dwelling with a length of over 5m (considered acceptable according to Australian standards).

 

One driveway with a total width of 3.5m is provided with no side setback.

 

 

 

 

 

 

The proposed carport occupies 77% of the width of the site.

 

 

The driveway is at grade.

 

 

 

Yes

 

 

 

 

 

 

 

 

Councils Development Engineer advises the driveway does not comply with relevant Australian Standards and is required to be increased to 4m to ensure adequate manoeuvrability.

 

See assessment below

 

 

 

 

Yes

 

Assessment against the objectives and performance requirements:

4.7 Garages and Carports

·       To ensure that on-site car parking and driveways are not visually obtrusive or detract from the appearance of dwellings or the streetscape; and,

·       To provide convenient and safe car parking

 

The proposed carport occupies 77% of the width of the site and the driveway width at the property boundary is 3.5m. The proposal is not considered to satisfy the objectives and performance requirements of the DCP for the following reasons:

·       The provision of a garage at ground level is inconsistent with majority of development that share similar site characteristics along Bream Street and other examples of front double garages and/or carports are sited lower than the respective dwellings.

·       The proposed increase in width of a carport door along the front of the site will further dominate the front of the site and it is expected to unreasonably detract from the character of the streetscape.

·       Because of the significant portion of the site taken up by the garage, additional landscaping is not able to be provided to the front of the site to soften the visual dominance of the parking structure when viewed from the street.

·       The proposed double carport will be inconsistent with the context of other garages and carports in the area.

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 proposal is not considered to satisfy the objectives and performance requirements of the DCP in relation to building setbacks for the following reasons:

·       The carport is located at the front boundary and is inconsistent with the established setback of the immediate adjoining properties along Bream Street between Melody Street and Mount Street.

 

Rainwater tank

The proposed rainwater tank is located 1400mm from the western side boundary at ground level and meets the preferred minimum 900mm side setback solution under the DCP.

 

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 (Consolidation) 1998.

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

The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed built form will further detract from the aesthetic character, environmental qualities and social amenity of the locality having particular regard to the surrounding sites and the wider locality.

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

Refer to table below

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

The proposal does not meet with the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, and it does not meet the objectives or the performances requirements under the DCP. The issues are 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 proposal when considered in isolation of merely proposing a garage at the front of the site is neither inconsistent with other examples of garages further west along Bream Street. However, when appropriately considered in context of the site conditions it is clear that the examples shown further west along Bream Street contain salient differences to that existing on the subject site. Namely, these include:

 

·       The dwellings behind the double or full width garages at the front mostly sitting well above these garages which means that the garages do not dominate the dwellings behind;

·       These sites are occupied by full width frontages containing detached dwellings with some side separation;

·       The bulk and scale of the structure along the street and adjoining neighbouring properties do not result in any obtrusive elements along the neighbouring properties because the garage walls generally either abut the neighbours garages;

 

It could be contended that the scale (height and width) of the proposed carport isn’t that much greater than the existing carport, however it must be noted that the current structure was approved and built in 1977, well before the current DCP came into force in 2000. The current DCP provides flexible performance approach in achieving building design and site planning objectives and is used to support the objectives under the RLEP. The main tenants of these documents are that developments should be consistent with the established character of the street. In this respect, the established character of the street does not contain full width garages at the front of properties, and where they do exist they are located at sites that have vastly different site planning objectives such as:

 

·       The double garages are located at the front of sites that rise up from the front where there are mostly detached dwellings behind still viewable from street level rather than adjoining semi detached dwellings that are located at the same ground level as the car parking structures;

·       The double garages are at the front of full width frontages rather than to narrow lots like the subject site;

 

Overall, the proposal will result in poor casual surveillance, closed and unarticulated design which would propagate undesirable developments to many sites in Bream Street that share similar site characteristics.

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 is narrow in width and does not have sufficient area to accommodate the proposed developments associated structures having regard to the RLEP and DCP objectives and performance requirements.

 

Therefore, the site is considered unsuitable for the proposed development.

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

 

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

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

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

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

 

 

Is development permitted under zoning?

R3 - To recognise the desirable elements of the existing streetscape and

built form or, in precincts undergoing transition, contribute to the desired future character of the area.

 

Permissible, however the proposal is not considered to meet the relevant objective

See comment at left.

Floor Space Ratio (Maximum)

Site area of 373.3m2

0.75:1

N/A

Height of Building (Maximum)

9.5m

2.51m

Yes

Lot Size (Minimum)

400sqm

No change

N/A

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

None

No change

N/A

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed has been assessed against the requirements of the relevant planning guidelines of the RLEP and Council policies and plans as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The development represents poor site planning; it will adversely dominate the site further, and it may propagate similar development to other sites with similar features. Consequently, the sought development is recommended for refusal.

 

Recommendation

 

       That Council, under delegated authority from the General Manager, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/714/2012 to demolish an existing car port and construct a new double car port to front, new front fence and installation of rain water tank at 35 Bream Street, Coogee for the following reasons:

 

1.     The proposal does not satisfy the objectives for Residential 2B Zone stipulated under Sub-Clauses 11(1)(b) and (c) of Randwick Local Environmental Plan 1998 (Consolidation) in that the development will not maintain the desirable attributes of the locality and will not minimise amenity impacts on the neighbouring residential properties.

 

2.     The proposal will provide an undesirable urban design and built form with a poor relationship to site topography and neighbouring properties inconsistent with good site planning principles under Part 2.1 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

3.     The proposal is inconsistent with the objectives, performance requirements of Part 4.7 Garage, Carports and Driveways of Development Control Plan – Dwelling Houses and Attached Dual Occupancies. In so far as greater than 35% of the site frontage will be occupied by the proposed carport and the additional bulk will detract from the appearance of the existing development and the character of the streetscape.

 

4.     The proposal is inconsistent with the Objectives and Performance Requirements for setbacks under Part 4.4 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies in that it does not conform with the dominant setback along Bream Street between Melody Street and Mount Street.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D3/13

 

 

Subject:                  16 Douglas Street, Clovelly (DA/335/2012)

Folder No:                   DA/335/2012

Author:                   Scott Williamson, Development Assessment Officer     

 

Proposal:                     Construction of a new two (2) storey dwelling house with double garage, rear in-ground swimming pool, and associated plant room

Ward:                      North Ward

Applicant:                J Jabour

Owner:                         J Jabour

Summary

Recommendation:     Approval, subject to conditions.

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.        Executive Summary

The application is reported to the Planning Committee at the request of Councillors Neilson, Shurey and Smith.

 

The application proposes construction of a new two (2) storey dwelling house with three (3) bedrooms, double garage, rear in-ground swimming pool and associated plant room.

 

The site is zoned 2A (Residential A Zone) under RLEP 1998 (Consolidation).

 

The application was initially notified between 30 May 2012 and 14 June 2012. Six (6) submissions were received in response, raising issues predominantly in relation to a proposed nil setback at ground floor level, general built form, parking arrangements and shadow impacts.

 

An offer of participating in a mediation session with the applicant was given to those immediate objectors fronting Fern Street on 5 September 2012. The objectors declined to participate in mediation.

 

The application was formally amended on 5 October 2012, in response to issues raised by Council Officers and those raised by the objectors. The amended application reduced the height of those ground floor walls to be built to the western boundary, rectified an error in the submitted survey levels, reduced the height of a rear pergola and a rear storage structure.

 

The application was re-notified between 10 October 2012 and 24 October 2012. In response, four (4) submissions were received, predominantly reiterating issues raised within the original notification period.

 

The main issue raised throughout the assessment relates to the proposed western boundary setbacks. Three (3) components of the proposal are seeking to be located immediately on the western side boundary of the site, of which dually forms the rear boundary of three (3) sites fronting Fern Street. Those elements located on the boundary range between 2.4 and 3.2 metres in height.

 

With limited available site width, the proposal presents a highly articulated outcome, making best use of the site while maintaining consistency with the scale of surrounding development. Minimal privacy implications will result. While additional shadow will be introduced, the proposal will not prevent (3) hours solar access to adjoining sites, presenting an impact typical of any two (2) storey dwelling.

 

Imposing an additional setback upon those components set on the boundary is not considered to result in substantial improvement in visual bulk or solar access impact to adjoining sites. The design does not impose any unreasonable impacts upon the streetscape or adjoining development and is consistent with the objectives and performance requirements of the DCP.

 

The application is recommended for approval, subject to conditions.

 

2.        Proposal

 

The application proposes construction of a two (2) storey dwelling house with three (3) bedrooms, double garage, rear in-ground swimming pool and associated plant room at 16 Douglas Street, Clovelly.

 

On 5 October 2012, the applicant submitted a final amended scheme, in response to issues raised by Council. The amended scheme reduced wall height on the western boundary to 3200mm, rectified an error in survey levels, reduced overall building height by 300mm, reduced pergola height at the rear and reduced storage room height.

 

The following assessment is based upon the application as amended on 5 October 2012.

 

Ground floor level

The ground floor plate is proposed with no setback to the western boundary. The floor plate is broken into two (2) components with incorporation of two (2) centrally located courtyards on the east and west boundaries.

 

The proposed forward component details foyer, cellar, storeroom, powder room and study areas. A double garage is also proposed, accessed from Douglas Street. Within the rear component of the floor plate, the proposal details open plan kitchen, dining and living areas.

 

First floor level

The proposed first floor is shown to comprise three (3) bedrooms, bathroom and plant room. The master bedroom is located toward the front of the dwelling and is provided with ensuite and balcony of approximately four (4) square metres, overlooking Douglas Street.

 

External works

An in-ground swimming pool is proposed within the rear open space of the site, with 300mm setback from the western boundary. A plant room of 1800mm in height is proposed to the rear, southwest corner of the site beside the proposed pool.

 

A covered terrace area with barbeque structure is proposed at the rear of the dwelling, ancillary to the rear living areas. Landscaping works are detailed across the site.

 

Architectural montages:

 

Figure 7: The proposed Douglas Street elevation of the dwelling.

Figure 8: The proposed north and west facing elevations.

Figure 9: The proposed west elevation of the subject site.

Figure 10: Proposed form of the dwelling as viewed from the south-west.

 

 

3.        Subject site and surrounds

 

The subject site is located on the southern side of Douglas Street, between Fern Street to the west and Seaview Street to the east.

 

The site is currently vacant, having most recently contained a single storey cottage, approved for demolition under DA/146/2012. The site is generally flat.

 

The vicinity of the site and the majority of Douglas Street is characterised by larger freestanding dwellings. A number of single storey bungalow style dwellings exist fronting Fern Street, to the west.

 

The site sits within an irregular subdivision pattern. Oriented north-south, the site is parallel to those adjoining to the south and east, however runs perpendicular to the adjoining sites to the west, of which front Fern Street. The front boundary of the site is at a 45-degree angle to the side boundaries.

 

The site has area of 347.8 square metres. A consistent width of 9.14 metres is provided to the allotment, with depth varying between 34.5 metres on the western side boundary and 41.6 metres on the eastern side boundary, due to the diagonal front boundary.

Figure 1: The subject site, centre of frame, as viewed from Douglas Street.

Figure 2: Looking east on Douglas Street, toward the subject site. 18 Douglas St seen in the background.

Figure 3: Existing development at 18 and 20 Douglas Street, adjoining to the east of the subject site.

Figure 4: Existing development fronting Fern Street. The rear boundaries of these sites form the western side boundary of 16 Douglas Street.

Figure 5: Context and subdivision pattern of the subject site.

Figure 6: Built form context of the subject site.

4.        History

 

4.1      Relevant application history

 

·      16 Douglas Street, Clovelly- DA/146/2012:

The site was subject to a previous development consent DA/146/2012. Consent was granted for demolition of the existing weatherboarding cottage, a listed heritage item under the RLEP 1998.

 

The cottage has since been demolished and the site is now vacant.

 

·      43 Fern Street, Clovelly- DA/179/2010

A consent was issued on the adjoining site on 9 September 2010, for substantial alterations and additions to provide for a part two (2) part three (3) storey dwelling, construction of a new garage to front of dwelling, fencing and associated works.

 

The approval involves reducing the rear setback of the existing dwelling on this site to nine (9) metres from the western boundary of 16 Douglas Street. The impact of the subject development on this approved development has been considered within the below assessment as a potential likely development outcome on the neighbouring site.

 

4.2      Application History

 

Date

Issue/ Action

10 August 2012

Council raised concern in relation to the proposed nil setbacks and extent of wall height on the boundary. Concern also raised in relation to garage width. Recommended substantial amendment.

 

5 September 2012

The application was recommended for mediation. Mediation was offered to immediate objectors fronting Fern Street.

 

7 September 2012

The offer for mediation was declined by objectors.

 

5 October 2012

The applicant submitted a final amended scheme to Council with correct survey levels.

 

10 October 2012

The application was re-notified.

 

6 December 2012

The application was called up to decision of Council.

 

5.        Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the application between 30 May 2012 and 14 June 2012 in accordance with the DCP – Public Notification. As a result of this notification, six (6) submissions were received.

 

4 Nolan Ave, Clovelly;

Joint submission from 41, 43 and 45 Fern Street, Clovelly;

6 Nolan Avenue, Clovelly;

43 Fern Street, Clovelly;

41 Fern Street, Clovelly;

18 Douglas Street, Clovelly.

 


 

Issue

Comment

Built form:

·    Insufficient front setback. The building will dominate the street;

·    The building is large for the site area and an FSR calculation is not included;

·    The works will result in little of the site remaining as natural ground and around 90% built upon;

·    The height of the proposal is greater than seven (7) metres and is less than 1.5 metres from the front boundary- contributing to shadowing;

·    Object to any movement of the building closer to the eastern boundary.

 

 

The built form aspects of the proposal are discussed in detail in Section 8, below.

 

The development has been assessed against the DCP and generally satisfies the relevant objectives and performance requirements for landscaping, built form, height, setbacks and overshadowing.

The amended building height achieves seven (7) metres at it’s highest point.

The eastern side setback has not been reduced through the assessment process.

 

 

Western side setback issues:

·    Concern over the ground floor being built to the western boundary, rather than being setback- implications of bulk to living areas and open space;

·    The bulk of the wall built on the boundary is 3.5 metres high;

·    Concern the first floor is not setback sufficiently from the western boundary, only a maximum of 900mm;

·    Concern the building will impact upon the use of western nieghbours’ rear yards through access to light;

·    Interrupted use of rear yards to western neighbours during construction and concern in relation to excavation on the boundary;

·    The proposed lack of setback will have significant negative impact upon 41 Fern Street;

·    There are no good reasons the controls should be ignored.

 

The proposed setback of the western elevation is discussed in detail in Section 8, below.

 

The nil setback components proposed present minimal adverse impact in relation to natural light, daylight and fresh air. The adjoining sites are not prevented from achieving the required three (3) hours solar access of the DCP. The building is highly articulated and remains within the scope of the wall height preferred solution.

The appreciable benefit to be gained through imposition of increased western setback is considered negligible.

In relation to construction, conditions have been recommended to suitably protect neighbours from adverse impacts during construction.

Garage:

·    A two (2) car garage is not a necessity for the area. Most houses have single garages;

·    High percentage of the ground floor frontage facing Douglas Street is driveway and garage.

 

 

The proposed garage and parking situation is addressed below in Section 8.

The double garage is proposed in meeting the two (2) space requirement of Council’s Parking DCP. The structure has been suitably articulated to minimise impact upon the street. A number of double garage precedents exist in Douglas Street.

 

Pool:

·    Concern the proposed pool is on the boundary and will affect enjoyment of rear open space to 45 Fern Street;

·    Pool plant room is to be built on the boundary;

·    No information is provided regarding noise of pool equipment or acoustic treatment to insulate it;

·    Pool will require excavation on the western boundary, contrary to relevant guidelines;

·    Acoustic privacy to neighbours should be maintained at all times.

 

The proposed pool and plant room setbacks and privacy implications are discussed in detail in Section 8, below.

 

The height of the plant room was reduced through amendments to be 2400mm in height. The plant room setbacks present minimal adverse impact in relation to natural light, daylight and fresh air. The adjoining sites are not prevented from achieving the required three (3) hours solar access of the DCP.

Suitable conditions have been recommended requiring acoustic insulation of the pool pump and protection of neighbouring sites during excavation.

Solar access:

·    Concern over shadow impact to outdoor recreational spaces of 43 and 45 Fern Street;

·    Solar access to the rear open space of 43 Fern Street is achieved in the morning hours and will be severely impacted by the proposal; 

·    The design of the roof line at the front of the property will exacerbate shadow to adjoining sites;

·    The height of the proposal is greater than seven (7) metres and is less than 1.5 metres from the front boundary- contributing to shadowing.

·    Request existing shadow diagram in order to establish shadow impact;

·    Request site plan and survey be corrected to accurately show the shadow impact upon 43 Fern Street.

 

Solar access is discussed in detail in Section 8, below.

 

The proposal is oriented north-south and therefore is not capable of preventing the neighbouring sites achieving the required three (3) hours solar access. The solar access impact is consistent with that of any complying two (2) storey development on the subject site

The site is currently vacant and therefore existing shadow diagrams are not necessary.

Regarding survey inaccuracies, both the actual existing building and approved building of 43 Fern Street were considered during assessment.

Other:

·    Any potential view loss should be considered in this development by minimising the height and width of the roof;

·    Impact of the proposal upon the existing Jacaranda tree to the rear of 4 Nolan Ave- request conditions to protect Jacaranda during construction; 

 

 

Sites fronting Fern Street are generally prevented from obtaining easterly views due to existing development and vegetation. Regardless, the proposed building sits lower than that established at 18 Douglas Street and would pose an impact typical of any complying two (2) storey development on this site. Given this, the issue of view loss is not pursued further within this assessment. 

 

·    Raise question regarding the design of the roof/ wall of the first floor on the western side of the site;

·    Raise question regarding the roof form and its setback form the western nieghbours;

·    The site plan does not accurately depict the western neighbouring building/s and omits rear living areas. This has implications for the shadow diagrams;

·    The proposal does not provide a compliance table to show the development meets standards;

Ensure any building materials for the purpose of the roof be finished with an anti-glare material and in an environmentally acceptable colour.

Council’s Landscape Development Officer has commented on the proposal, addressing potential impact upon the Jacaranda tree.

The applicant submitted architectural montages of the proposal in providing clarity on the complexities of the west elevation. These have been included in Figures 7 – 10, above.

Sufficient information has been provided to undertake an assessment of the application. Regarding survey/ site plan inaccuracies, both the actual existing footprint and approved footprint of 43 Fern Street were considered during assessment.

Suitable conditions have been recommended to require treatment for glare and colours consistent with surrounds.

 

As a result of the amendments of 5 October 2012, the application was required to be re-notified in accordance with the DCP – Public Notification. Re-notification occurred between 10 October 2012 and 24 October 2012. As a result of this notification, four (4) submissions were received.

 

The following submissions were received in response:

 

18 Douglas Street, Clovelly;

41 Fern Street, Clovelly;

43 Fern Street, Clovelly;

45 Fern Street, Clovelly.

 

Issue

Comment

Built form:

·    The design of the roof line at the front of the property on Douglas Street with its feature peak on the north-west side boundary exacerbates effect of shadow on adjoining sites;

·    The height of the building is still greater than seven (7) metres and at less than 1500mm from the boundary, contributes to shadow.

 

The built form aspects of the proposal are discussed in detail in Section 8, below.

 

The development has been assessed against the DCP and satisfies the relevant objectives and performance requirements for landscaping, built form, height, setbacks and shadow.

Western side setback issues:

·    Reiterate previous concerns raised in relation to lack of western setback;

·    There is no justification to permit building on the boundary given implications of bulk and shadow on adjoining sites;

 

The western elevation setback is discussed in detail in Section 8, below.

 

 

·    Although the height of the wall is reduced, it still sits between 2.8 and 3.2 metres; 

·    The proposed projecting windows on the western elevation contribute to shadow and should be reduced and further setback to 1500mm from the boundary;

·    The first floor addition is at maximum 900mm from the boundary and is inconsistent with the DCP requirement of 1500mm.

The western elevation presents minimal adverse impact to nieghbours in relation to natural light, daylight and fresh air. The building is highly articulated and remains within the scope of the wall height preferred solution.

The protruding window elements at first floor level are setback 900mm from the western boundary in two (2) locations only. Seven (7) metres in wall height is not exceeded. Morning shadow is cast from these elements, however the impact is not unreasonable and adjoining sites are not prevented from achieving the required three (3) hours solar access of the DCP.

A 1500mm setback to the protruding windows is not considered to result in significant appreciable benefit to the western neighbours.

Solar access:

·    The lack of setback on the western boundary contributes to shadow. The building should be setback 900mm;

·    The shadow diagrams submitted incorrectly document the building at 43 Fern Street. Correct diagram should be prepared and considered by Council.

 

Solar access is discussed in detail in Section 8, below.

The impact of the proposal is not unreasonable and adjoining sites are not prevented from achieving the required three (3) hours solar access of the DCP

Survey/ site plan inaccuracies are noted. Both the actual existing building and approved building of 43 Fern Street were considered during this assessment.

Garage:

·    The proposed width of the driveway at five (5) metres will result in a significant loss of amenity in the street through the reduction in valuable street parking;

·    Note that 18 Douglas Street was required to have a single width driveway to access it’s double garage structure;

·    Reiterate previous concerns of unnecessary double garage.

 

The proposed garage and parking situation is addressed below in Section 8.

The double garage is proposed in meeting the two (2) space requirement of Council’s Parking DCP. The structure has been suitably articulated to minimise impact upon the street. A number of double garage precedents exist in Douglas Street.

The short length of the driveway proposed means a single width design is not viable for access similar to 18 Douglas Street. Various precedents of double width driveways exist in Douglas Street.    

Other:

·      Ensure any building materials for the purpose of the roof be finished with an anti-glare material and in an environmentally acceptable colour.

·      The zinc cladding proposed to now extend to the boundary will be reflective and will reduce amenity of western neighbours on sunny days.

·      Confirm clerestory glazing to the dining area is opaque to ensure privacy.

·      CD07 elevation- is incorrectly labeled and should be labeled ‘east elevation’.

 

Suitable conditions have been recommended to require treatment for glare and colours consistent with surrounds.

The high-level clerestory glazing was considered in relation to visual privacy. Given the separation distance from existing and approved development to the west exceeds nine (9) metres, obscuring the opening is not considered necessary.

Correct labeling of plans was addressed and rectified by the applicant. 

 

6.        Technical Officer’s Advice

 

6.1      Development Engineer:

 

Parking Comments

Parking Provision

Council’s DCP-parking requires that dwellings with three or more bedrooms provide two off-street carspaces. The submitted plans demonstrate compliance with this requirement with two spaces located within the proposed double garage.

 

Parking Layout

The proposed double garage and driveway complies with the requirements of Australian Standard 2890.1:2004 in regards to minimum dimensions and maximum grades but concerns are raised over the driveway width.

Due to the acute angle of the driveway in relation to the street alignment the proposed driveway will be approximately 6.5m wide along the street frontage. This is considered excessive and will dominate the site’s frontage.  The internal driveway should therefore be reduced in width to a maximum of 5.0m at the front property alignment (measured along the line of the front property alignment) and re-configured to accept vehicles from Douglas Street at right angles to the street alignment while also allowing adequate vehicular access into the proposed double garage.

If the assessing officer has any planning issues and is considering requesting amended plans then they are also requested to include the above changes required from Development Engineering.

 

Alternatively an appropriate condition (No.5) has been included in this report.

 

Drainage Comments

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

 

Landscape Comments

All vegetation within this site has already been removed as part of approvals issued for the demolition DA, with these plans showing that while the new dwelling will be constructed right on the western boundary, it has actually been stepped back to create a small garden area adjacent a 6m tall Acmena smithii (Lilly Pilly) growing within the adjoining property at 43 Fern Street, which has had previously overhanging branches pruned back to avoid damage.

 

As this tree is relatively young it would have a medium tolerance to disturbance, with conditions specifying the level of care that will be required during excavations and any root pruning and further canopy pruning, with these components needing to be inspected by Council.

 

Adjacent the southeast corner of the subject site, within the neighbouring property at 18 Douglas Street, close to the common boundary, there is a row of 5-6m tall Archontophoenix cunninghamiana (Bangalow Palms) which are in good health and condition and are covered by the TPO. Conditions to protect indiscriminate root damage during excavations for the masonry wall shown for the covered terrace area will be required, with only a minor impact anticipated given their relatively small size and high tolerance to root disturbance.

 

A similar situation also exists further to the south, where there is a semi-mature Jacaranda mimosifolia (Jacaranda), of around 8 metres in height, growing within 4 Nolan Avenue, which was observed to perform a screening and amenity function between several of these properties.

 

The plans show that the nearest major works to this tree would be the eastern edge of the proposed pool and planted room, approximately 6m away, which is well outside its critical root zone, and on this basis, should not be directly affected, with only precautionary type conditions required.

 

A new street tree is not possible due to this site’s corner location and the resulting awkward alignment of the new crossing and the lack of space this would create, along with line of sight issues.

 

7.        Relevant Environmental Planning Instruments

 

7.1      State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, (‘Code SEPP’)

The subject application has been made under Section 80 of the Environmental Planning and Assessment Act and hence the Code SEPP is not applicable. The provisions of the SEPP are however, useful in employing as a guide.

 

Section 3.16 of the Code SEPP allows for sites with width between six (6) and ten (10) metres to construct up to one (1) side boundary of the site and still qualify for a Complying Development Certificate (CDC), provided length and height specifications are met. A CDC can be obtained by way of a Private Certifier, omitting any Council role in the decision making process.

 

Under Section 3.16 of the SEPP, the nil setback element of concern within this application would ultimately be capable of approval through a CDC, given it generally meets the stated requirements. A 1100mm reduction in wall length on the boundary would be necessary to comply with the CDC provisions.

 

Despite the above, the subject application is presently restricted from being pursued through means of a CDC primarily due to a heritage listing remaining applicable to the site. The listing is expected to be removed from the heritage schedule of Draft Randwick Local Environmental Plan 2012, following gazettal, given the significant element was demolished under DA/146/2012.

 

7.2      Randwick Local Environmental Plan 1998 (Consolidation)

 

·      Clause 10- Zoning objectives

Clause 10 provides objectives for the 2A Zone.

 

The proposed dwelling house is permissible within the Zone No 2A (Residential), with consent of Council.

 

·      Clause 43 – Heritage provisions

The previous building on the site was approved for demolition under DA/146/2012, based on a state of dilapidation. The building comprised item no. 229 of RLEP 1998 and was described as an ‘Old timber cottage’, of local significance. The building has since been demolished and the site is vacant.

 

The heritage significance of the site, of which still technically applies within RLEP 1998, has been removed with the demolition of the previous building.

 

While a heritage listing remains applicable to the site, it is expected this anomaly will be removed from the Draft Randwick Local Environmental Plan 2012. 

 

A heritage item is located to the rear of the site, at 2 Nolan Ave. The proposal is not expected to have any impact upon the significance of this item, given adequate separation distance.

 

7.3      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

The following table considers the proposed development having regard to the draft zoning provisions and development standards contained in the draft LEP, as they relate to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

 

Zoning:

 

The site is zoned Low Density Residential R2.

Yes.

Permissible under the proposed zoning?

Yes

Floor Space Ratio (Max)

0.75:1

0.72:1

 

Yes.

 

Height of Building (Max)

9.5m

7.1m

 

Yes.

 

Lot Size (Min)

No minimum for single dwellings.

347.8 m2

N/A

Heritage:

·    In vicinity of draft heritage item.

Proposal is located in close proximity to 2 Nolan Ave, Clovelly, a Draft Heritage Item. The proposed development is not considered to pose a detrimental impact upon the heritage significance of the item, given adequate separation distance.

 

7.4      Dwelling houses and Attached Dual Occupancies DCP

The proposed dwelling has been assessed against the Dwelling Houses and Attached Dual Occupancies DCP. In order to gain Council approval, proposed developments must demonstrate that they have fulfilled the relevant objectives for each topic. The performance requirements of the DCP provide the means by which a development will achieve the objectives for each topic. Preferred Solutions are ‘deemed to comply’ standards, not compulsory standards, illustrating how a development may achieve the performance requirement. 

 

The application has been assessed against, and is consistent with, the objectives and performance requirements of the DCP. The development will not result in significant impacts upon either the amenity of the adjoining premises or the character of the locality. The issues elaborated upon within Section 8 have been raised as concerns during the assessment of the application or where the ‘deemed to satisfy’ provisions have not been met.

 

8.        Key Issues and Areas of Non Compliance:

 

8.1      Landscaping and Open Space

Section 4.1 of the DCP outlines a number of objectives and performance requirements that apply to landscaping and open space on the site:

 

§  To retain and enhance existing significant trees and established landscaping.

 

§  To provide dwellings with useable outdoor recreation space.

 

§  To improve stormwater management and the appearance, amenity and energy efficiency of housing through integrated landscape design.

 

§  To preserve and enhance native wildlife populations and habitat through appropriate planting and indigenous vegetation.

 

P1           The size and dimensions of landscaped areas suit the projected requirements of the dwelling occupants and accommodate outdoor recreation needs as well as providing space for service functions.

 

P2           The location and design of private open space:

 

·         Takes advantage of the orientation, outlook and natural features of the site to allow year-round use;

·         Minimises adverse impacts of adjoining buildings on privacy and sun access, and;

·         Addresses surveillance, privacy and security issues where public spaces adjoin.

 

P6           Unpaved or unsealed landscaped areas are maximised and are designed to facilitate infiltration of stormwater.

 

The application proposes to incorporate a dwelling of modest scale, with landscaped area of approximately 120 square metres, located predominantly to the rear and scattered across the site. The proposed landscaped area is sufficient for the purpose of recreational use and open space for occupants.

 

Council’s Development Engineers have provided feedback on drainage, with no substantial concern raised regarding overall permeability on the site. Sufficient space is available for the purpose of deep soil planting on the site, both to the front and rear of the dwelling, with an appropriate planting schedule provided. Screen planting has been provided to the front and rear of the site.

It is considered that the design provides a highly articulated response to a slender site. The building and overall coverage is typical of dwellings in the immediate vicinity. The design is practical and as discussed below, does not provide for a built form that is incongruous or unnecessarily imposing upon adjoining sites.

 

Given the above considerations, the proposed landscaped area is acceptable with regard to the objectives and performance requirements of the DCP and consequently, is supported by this assessment.

8.2      Floor Area

Section 4.2 of the DCP provides a number of objectives and performance requirements applicable to floor space on the site:

 

§  To ensure developments are not excessive in bulk or scale but are compatible with the existing character of the locality.

 

P1           Building bulk must be compatible with surrounding built forms and must minimise effects of bulk on neighbours, streets and public open space. 

 

The application proposes a floor space of approximately 0.72:1.

 

The proposed building bulk is generally consistent with the character of the locality, where a number of developments have been constructed with similar or greater floor space ratios. The design of the building is highly articulated and following amendments, effectively distributes bulk, presenting an appropriate external scale to the streetscape and adjoining sites.

 

The proposed floor space is consistent with that proposed to be applied under Draft Randwick Local Environmental Plan 2012.

 

Following amendments that have reduced the extent of bulk built to the boundary, the proposed floor area is considered to minimise adverse impacts upon neighbouring sites, the streetscape and open space and therefore, the proposal generally satisfies the relevant objectives and performance requirements of the DCP.

 

8.3      Setbacks

Section 4.4 of the DCP provides a number of objectives and performance requirements that relate to setbacks on the subject site:

 

§  To integrate new development with the established setbacks of the street and maintain the environmental amenity of the streetscape.

 

§  To ensure dwellings have adequate access to natural light daylight and fresh air.

 

§  To maintain and enhance established trees and vegetation.

 

Front setback:

P1           Front building setback generally conforms with the setback of adjoining development or the dominant setback along the street.

 

Rear setback:

P2           Building forms and setbacks allow neighbours adequate access to natural light and a share of views and preserve established tress and vegetation and be generally consistent with the setback of adjoining properties.

 

Side setback:

P3           Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air. Side setbacks adjoining a street frontage, regarding corner allotments, must integrate with the established setbacks of the side street and maintain the environmental amenity of the streetscape.

 

8.3.1   Front setback

The subject site features a diagonal frontage indicating the alignment of the building cannot match that of adjoining dwellings at 18 and 20 Douglas Street, given these dwellings sit forward of the front boundary of the subject site. A six (6) metre setback, suggested within the DCP, would not allow for the reasonable use of the site and is unreasonable to impose in the context of surrounding development.

 

The setback is sympathetic to the existing building alignment, conforming to the progressive stepping of dwellings as Douglas Street moves in a north-easterly direction and ultimately helps to define the alignment of the street.

 

The setback proposed will not serve to dominate the street and will integrate well with the established setbacks of existing development at 18 and 20 Douglas Street. The setback is not considered to pose a significant detrimental impact upon adjoining sites, in the form of access to light, daylight and fresh air. Given this, the proposed front setback is considered acceptable in the context of the site and with regard to the relevant provisions of the DCP.

 

8.3.2   Side setbacks

The proposed side setbacks are generally in agreement with the preferred solutions of the DCP, with the exception of the western elevation of the building. The proposed west elevation seeks to incorporate the following setbacks, as delineated within Figures 11 and 12 below:

 

At ground floor level, a nil setback to two (2) primary components of the dwelling separated by a recessed courtyard, in addition to plant room at the rear;

 

Component 1 is 7200 mm in length and 3200mm in height, corresponding to the rear boundary of 41 Fern Street;

 

Component 2 is 11200mm in length and measures between 3200mm and 2800mm in height;

 

Component 3 comprises a detached plant room. The structure spans 1800mm of the western side boundary of the site and 3200mm of the southern, rear boundary. This element has a height of 2400mm.

 

At first floor level, a minimum 900mm setback at finished floor level generally increases to 2000mm at roof level. Two (2) protrusions remain 900mm off the boundary up to the seven (7) metre height of the building.

 

As discussed above in Section 7.1, it is noted the provisions of the SEPP (Exempt and Complying Development Codes) 2008, allow for a single nil side setback, up to a height of 3300mm on a site of this width, within the scope of a Complying Development Certificate (CDC).

 

Regardless, the proposed setbacks have been considered with respect of the objectives and performance requirements of the DCP and the direct environmental impacts introduced. The following points are highlighted:

 

Site context

The orientation of the site in relation to those adjoining to the west is perpendicular:

 

As the setback relates to the rear boundary of the adjoining sites fronting Fern Street, a nil setback is acceptable in this instance given significant building separation of minimum nine (9) metres is provided;

Where a compliant setback of 900mm would normally allow for two (2) parallel side access ways on adjoining sites, the current situation would provide side access along the rear boundary of those sites fronting Fern Street, introducing potential privacy issues to rear open spaces of the Fern Street sites;

The orientation of the site dictates that the proposed setback will not directly prevent adequate access to natural light, daylight and fresh air to the Fern Street sites.

 

 

 

Figure 11: Indicative montage of the proposal, highlighting nil setback locations.

 

 

Figure 12: Proposed west elevation of the proposal highlighting nil setback locations.

 

Bulk and scale

The setback allows for effective use of the site, while minimising external bulk:

 

The wall height proposed to sit on the boundary is restricted to ground floor level and has been reduced through amendments to be a maximum of 3200mm in height;

Locating the 3200mm of wall height 900mm off the boundary is not considered to substantially reduce apparent bulk from that proposed on the boundary;

Given the building is located on the boundary at ground floor level only, the boundary wall will effectively double as a rear boundary fence to western neighbours, clearly defining the site boundaries and omitting privacy concerns that would be evident within a 900mm ‘deemed to satisfy’ scheme of the DCP;

Where the nil setback occurs, the design attempts screening through location behind existing elements on adjoining sites, including a garage structure and existing vegetation;

The location of the building on the boundary is practical for the relatively slender site, allowing a modest scaled dwelling to be accommodated and omitting the need for a potential dead space that requirement incremental setback would introduce;

At ground level, the building is well articulated, incorporating elements of visual interest, where possible avoiding presentation of large spans of blank wall to western neighbours;

Above ground level, the building steps off the boundary, incorporating a setback of 900mm and generally pitching back to 2000mm off the boundary at its highest point. The 2000mm setback provided allows for offsetting apparent first floor bulk. Selected protrusions articulate the first floor level at 900mm off the boundary and allow light into the building. 

 

Shadow

The subject site has a north-south orientation:

 

Some shadow impact to adjoining sites is inevitable with the development of 16 Douglas Street, however site orientation dictates that the proposal cannot prevent the adjoining sites from achieving the required three (3) hours solar access to rear open spaces and north facing windows to living areas on 21 June;

Negligible shadow results from the nil setback at ground floor level. Shadow is cast off first floor elements of the building, of which would remain with requirement for a 900mm ground floor setback;

The shadow impact imposed upon the western neighbouring sites is cast from the top of the building, where setbacks are generally provided at greater than the preferred solutions. This is exclusive of the two (2) protrusions sitting 900mm of the boundary, of which do contribute to shadow, however not significantly.

 

Privacy

The privacy implications of the nil setback components are negligible, given no side access is provided along the boundary and minimal openings can be provided. In this respect the design allows for maximum privacy to western sites.

 

Imposing additional setback upon those components set on the boundary is not considered to substantially improve impacts of any development at 16 Douglas Street upon the western neighbouring sites. Further, the proposed setback could be substantially implemented under the provisions of a Complying Development Certificate.

 

There are no substantial environmental impacts resulting from the proposed setbacks and as such, the proposed side elevations are considered reasonable within regard to the context of the site. The setback is considered acceptable with regard to the provisions of Section 4.4 of the DCP.

 

8.3.3   Pool setback

The proposal includes an in ground swimming pool with setback of approximately 300mm from the western boundary, shared with 45 Fern Street.

 

The pool is proposed adjacent the rear boundary of the adjoining site. The living spaces of this adjoining site are greater than ten (10) meters from the rear boundary. A 900mm complying setback would provide marginal increase to this separation distance, with minimal privacy benefit.

 

The minimal setback provided is such that access along the western boundary of the pool will be discouraged, alleviating some privacy concerns that may be introduced to a trafficable coping on this edge of the pool, that a setback would introduce. 

 

It is considered that subject to suitable conditions being imposed to provide dilapidation reports and control leakage onto the neighbouring site, the pool location will not present significant detriment to adjoining sites and is generally acceptable. 

 

8.3.4   Rear setback

The application proposes a plant room sited on the rear and western side boundaries of the site. The plant room measures 2400mm in height, is located in the rear south-west corner of the site and is highlighted at ‘Component 3’ in Figure 11, above.

 

At 2400mm in height, the structure is 600mm higher than a standard boundary fence. Given the subdivision pattern and in the location proposed, the structure does not impose additional bulk upon 41 and 43 Fern Street, of which are exposed to the proposed nil setback of the dwelling. The structure does not occupy a significant amount of the boundary and is not of excessive height. 

 

The structure will not prevent those adjoining sites achieving adequate access to natural light, daylight and fresh air. The structure does not prevent adjoining sites achieving the required three (3) hours of the DCP, posing a solar access impact marginally greater than that of a standard 1800mm high boundary fence.

 

The structure is generally in accordance with the objectives and performance requirements of the DCP and is supported by this assessment.

 

8.4      Solar access and energy efficiency

Section 3.1 of the DCP provides a number of objectives and performance requirements to inform the design of the subject proposal, in relation to solar access, overshadowing 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 life cycle of buildings.

 

§  To encourage the use of passive solar design.

 

§  To protect solar access enjoyed by neighbours.

 

P2     Buildings are sited and designed to maximise solar access to north-facing living areas and areas of open space.

 

P3     Air movement within dwellings is designed to minimise the use of mechanical heating and cooling appliances. E.g. by carefully orienting openings to allow through ventilation; by providing for mechanically heated or cooled areas to be closed off from other parts of the dwelling.

 

P4     Buildings have an area of roof suitable for the installation of solar collectors and photovoltaic cells (subject to design of existing roof, streetscape and heritage considerations).

 

P7     Landscape design assists microclimate management to provide shading in summer, conserve energy consumption and reduce the use of water.

 

P8     Windows are shaded and appropriately sized to reduce summer heat load and permit entry of winter sun.

 

P9     The design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

The subdivision pattern of the subject site dictates a north-south orientation. Indicative of this orientation:

·      The western neighbours that adjoin the site at 90 degrees (41, 43 and 45 Fern St) are shown to have solar access obstructed to rear open spaces and partially to rear elevations in the morning hours only, seeing no impact by 12 noon on 21 June.

·      The dwelling to the east (18 Douglas Street) sees a shadow impact in the afternoon hours only, beginning at 12 noon and increasing as the afternoon progresses.

 

The submitted shadow diagrams show that sites adjoining 16 Douglas Street are not prevented from obtaining the minimum three (3) hours solar access on 21 June, required by the DCP. The orientation of the site supports this impact.

 

It is noted the proposed roof form incorporates a low pitch of five (5) degrees. The development remains below the external wall height preferred solution and overall height guideline of the DCP.

 

The height of the development remains well below what could be expected of a less developed design with hipped or gable style roof form. The shadowing impact posed by the subject development is considered comparatively minor, considering a complying scheme could achieve greater height and hence pose greater solar obstruction.

 

Western neighbouring sites

The shadow impact imposed upon western neighbours is shown to project off the high point of the proposed roof form and the diagonal protrusions. The impact is not a consequence of the nil setback proposed at ground floor level. It is considered that the imposition of a complying 900mm ground floor setback on the western boundary would present negligible appreciable solar access benefit to these sites.

The diagonal protrusions at first floor level are setback 900mm from the boundary and present a minor degree of additional shadow in the morning hours. The protrusions provide light into the dwelling, visual interest to the west elevation and do not prevent the adjoining sites achieving the required three (3) hours solar access.

 

DA/179/2010 – 43 Fern Street

In relation to the approved plans of DA/179/2010 at 43 Fern Street, the proposal will not prevent the approved dwelling achieving the required three (3) hours solar access to north facing windows and open spaces. While some solar access additional to that discussed above will be obstructed to the rear elevation, this occurs to a minor degree in the earlier morning hours only, progressively reducing up to midday.

 

Any compliant two (2) storey development on the subject site is considered to have similar solar access impacts to that of the proposal. The solar access impact posed is not considered to arise out of bad design.

 

The proposal will not prevent any of the adjoining sites from achieving the required three (3) hours solar access to primary north facing windows, living areas and principle open spaces on 21 June.  Given this, the proposal is considered satisfactory in relation to the objectives and performance requirements of Section 3.1 of the DCP.

 

8.5      Visual and Acoustic Privacy

Section 4.5 of the DCP details a number of objectives and performance requirements to ensure consideration of visual and acoustic privacy on this site:

 

§  To ensure that new buildings and additions meet occupants’ and neighbours’ requirements for visual and acoustic privacy.

 

P1  Overlooking of internal living areas and private open spaces of residential development is minimised through appropriate building layout, location and design of windows and balconies and, where necessary, separation, screening devices and landscaping.

 

P2  Balconies are designed to provide adequate privacy for occupants of the building when viewed from other private open spaces, public spaces or the street.

 

P3  Dwellings close to noise sources such as busy roads or industry are designed to provide a comfortable living and sleeping environment.

 

West elevation openings

 

The west elevation provides for five (5) openings:

 

Two (2) ground floor windows, at both low and high level;

Two (2) diagonal protruding windows at first floor level;

One (1) clerestory window corresponding to ground floor level living areas.

 

At ground floor level, the west elevation provides for two (2) openings onto a central recessed area. The openings correspond to a stair and hallway area, with sill heights of 200mm and 2600mm. These openings are proposed in the interest of internal light and given the level of each, will not introduce any substantial privacy issue.

 

The proposed clerestory window is located at a high level and provides light to the living areas within the rear of the dwelling. The habitable spaces of those sites perpendicular to the subject site are located greater than nine (9) metres from the opening. Any potential for view lines from elevated balconies into the clerestory window is considered to be sufficiently discouraged given separation distance, coupled with existing vegetation.

 

At first floor level the proposal provides two (2) protrusions in the western wall. The openings are oriented to the north in allowing light to this side of the building and are adjacent a stair and void area. Substantial overlooking to the rear open spaces of adjoining sites will be largely prevented by the orientation of these windows.

 

East elevation openings

The proposed openings located on the east elevation are predominantly made up of high level clerestory windows at first floor level. These openings are not considered to allow for any significant privacy issue to the adjoining site at 18 Douglas Street, which features minimal openings on its opposing elevation.

 

 

8.6      Garages, Carports and Driveways

Section 4.7 of the DCP provides a number of objectives and performance requirements to guide the design of garages, carports and driveways as below.

 

§  To ensure on-site car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings or the local streetscape.

 

§  To provide convenient and safe car parking and access. 

 

Carports, garages and car parking areas are located and designed to:

P1           Conveniently and safely serve users;

 

Enable the efficient use of car spaces and access ways, including adequate manoeuvrability for vehicles between the site and the street.

 

P2           Not dominate or detract from the appearance of the development and the local streetscape:

 

Be compatible in scale, form, materials and finishes with the associated dwelling.

 

The application proposes vehicular access from Douglas Street via a five (5) metre wide driveway crossing at the boundary, with a double garage structure occupying approximately 55% of the width of the site.

 

·      Garage width

The application proposes a double garage, occupying 55% of the width of the site. The limited site width of approximately nine (9) metres introduces conflict where the proposal seeks to provide the required two (2) onsite parking spaces of the Parking DCP.

 

The subdivision pattern of the site sees an irregular shaped frontage of roughly 45 degrees fronting Douglas Street. As such, the proposed building sees varying front setback of minimum 1600mm to the western side of the site and maximum of approximately five (5) metres to the eastern side of the site.

 

The frontage orientation the site benefits from serves to disguise the general width of a double garage from many aspects of the street. Through the inclusion of increased setback and blade walls, the appearance of the garage is significantly softened. It is noted that double garage structures are not unprecedented within Douglas Street.

 

Given the above, the structure is considered consistent with surrounding development and will not dominate the streetscape.

 

·      Driveway crossing width

A driveway width of five (5) metres is proposed in order to facilitate a double width garage to the site. A number of double width crossings are evident within Douglas Street.

 

This width will enable sufficient manoeuvrability into the proposed garage and allow two (2) vehicles to be contained within the site. The driveway will not detract from the appearance of the site and is not unprecedented within the streetscape.

 

With the imposition of conditions recommended by Council’s Development Engineer, the driveway and parking situation proposed is considered practical and safe. The driveway is not unreasonably wide and is not considered to significantly compromise on-street parking. As such, the proposed garage and driveway is considered acceptable in relation to Section 4.7 of the DCP.

9.        Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

The provisions of Randwick Draft LEP 2012 have been considered in the assessment of the application and are generally satisfied by the proposed development.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

10.      Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$368,500.00

 

1.0%

$3685.00

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/335/2012 for the construction of a new two (2) storey dwelling house with double garage, rear in-ground swimming pool, and associated plant room, at No.16 Douglas Street, Clovelly, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev

Drawn by

Dated

Received by Council

CD-02 – Site Plan & landscape plan

A

Sarkis Hill Architects

24 May 2012

25 May 2012

CD-03 - Proposed ground floor

A

5 October 2012

5 October 2012

CD-04 – Proposed first floor

CD-05 – Sections

C

CD-06 – Sections

CD-07 – Elevations

CD-08 - Elevations

 

BASIX Certificate

No.

Dated

Single Dwelling

430168S

24 May 2012

 

Amendment of Plans & Documentation

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

 

a.     Filtering equipment associated with the pool shall be contained within an acoustic enclosure. The enclosure shall be designed and constructed by a suitably qualified person and meeting the requirements of Condition 63. The pool plant equipment and enclosure shall be identified on the construction certificate plans to the satisfaction of the Principal Certifying Authority.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.      

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

 

b)     All materials used within the development shall be treated so as to minimise the impact of reflectivity upon neighbouring sites. This may be achieved through powder coating or anodizing treatments.

 

c)     Given the visibility of the proposed south and west elevation, the zinc cladding proposed at first floor level shall be suitably treated for glare prior to installation.

 

d)     The colours, materials and finishes of the external surfaces to the building are to be consistent with the approved drawings and the submitted ‘Finishes Board’, referenced DA-14 and received by Council on 25 May 2012.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $368,500.00, the following applicable monetary levy must be paid to Council: $3685.00.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Sydney Water Requirements

7.       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.

Security Deposit

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

9.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

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

 

10.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $535 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

11.     The internal access driveway must be designed and constructed in accordance with the following requirements;

§ The levels of the driveway must match the alignment levels at the property boundary (as specified by Council).

§ The gradient of the driveway shall not exceed 1 in 10 (10%)

§ The internal driveway shall be reduced in width to a maximum of 5.0m at the front property alignment (measured along the line of the front property alignment) and re-configured to accept vehicles from Douglas Street at right angles to the street alignment while also allowing adequate vehicular access into the proposed double garage.

Details of compliance with the above requirements are to be included in the construction certificate documentation;

Sydney Water

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

 

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

 

Stormwater Drainage

13.     Stormwater drainage plans have not been approved as part of this development consent. Prior to the issuing 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.

 

14.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that then drains to Council's kerb and gutter in front of the site in Douglas Street.

 

NOTES:

 

a.       The sediment/silt arrestor pit shall be constructed:-

(i)  within the site at or near the street boundary.

(i)  with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

(ii) with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

(iii) with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

(iv)  with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipe draining to the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

(v) A sign adjacent to this pit stating that:

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

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

 

a.       The overflow pipe/s from any rainwater tank/s shall be directed into the sediment arrestor pit.

 

15.     Any stormwater runoff which cannot be directed to the kerb and gutter at the front of the property (via the sediment arrestor pit as detailed above) shall be discharged either:

 

a)    Through private drainage easements to Council’s kerb and gutter (or underground drainage system); OR

 

b)    To a separate suitably sized infiltration area. As a guide, infiltration areas which do not have an overflow to the street shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

 

Prior to the use of infiltration in areas where there is no formal overland escape route to Council’s kerb and gutter/street drainage system, a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option a)); and ground conditions preclude the use of infiltration (Option b), consideration may then be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

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

 

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

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

 

18.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

19.     All site stormwater which is discharged into an infiltration/absorption tank and/or discharged from the site via easement, must also be taken through a sediment/silt arrester pit.

 

Protection of neighbours trees

20.     In order to ensure retention of the Acmena smithii (Lilly Pilly) located beyond the western boundary, within 43 Fern Street, as well as the row of Archontophoenix cunninghamiana (Bangalow Palms) adjacent the southeast corner of the site, within 18 Douglas Street, and the Jacaranda mimosifolia (Jacaranda) within 4 Nolan Street in good health, the following measures are to be undertaken:

 

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

 

b.       To minimise the possibility of root damage, there must be no strip footings associated with new masonry walls/boundary fencing or raised planter boxes along the southern and eastern boundaries, in the area between the pool plant room and the covered terrace respectively.

 

c.       All initial excavations for the new dwelling, within a 2 metre radius of the Lilly Pilly, as well as for the masonry wall along the eastern edge of the covered terrace, also within a 2 metre radius of the Bangalow Palms, measured off the dividing fence adjacent the centreline of their trunks, must be initially dug by hand, to a minimum depth of 600mm, and a minimum width of 200mm, being careful not to damage any roots during this process.

 

d.       Prior to commencing works in these areas, the applicant must contact Council’s Landscape Development Officer on 9399-0613, giving at least working days notice, to arrange an inspection of these trenches and any roots encountered.

 

e.       Where approval is given for the pruning of roots that are in direct conflict with the works, they must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible. Alternatively, if significant roots which need to be retained are found, both components will need to be flexible enough to allow a re- design to ensure their preservation.

 

f.        Should the pruning of any additional branches from these neighbouring trees be sought, only where they overhang the common boundary and need to be pruned to avoid damage to the trees or interference with the works, the applicant must contact Council’s Landscape Development Officer on 9399-0613 to arrange an inspection to determine the exact location and extent of pruning that is permissible.

 

g.       If permission is granted, it must be carried out in accordance with Council’s instructions, only by an Arborist who holds a minimum of AQF Level III in Arboriculture, and to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

h.       To protect the Jacaranda, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within a 2 metre radius of the southeast corner, with all Site Management Plans needing to acknowledge these requirements.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

Landscaping

32.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by, the PCA, prior to the commencement of works, and must detail the following:

 

a)           A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at and any other details required to describe the proposed works;

 

b)       A predominance of suitably selected and located decorative species which are not dependant on high rates of moisture and fertilizer for survival;

 

c)       At least 1 x 25 litre (pot size at the time of planting) feature tree within the site, selecting a species which will attain a minimum height of between 4-7 metres at maturity;

 

d)       Evergreen screen planting selecting a species which will attain a minimum height of 2.5m at maturity shall be provided within a 1 metre wide garden bed along the eastern and southern boundaries, between the covered terrace and pool respectively.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

 

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011

·              Occupational Health and Safety (Hazardous Substances) Regulation   2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

39.     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)     Public access to the building site and materials must be restricted by existing boundary fencing or temporary site fencing having a minimum height of 1.5m, to Council’s satisfaction.

 

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

 

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

 

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

 

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

 

f)      Site fencing, building materials, bulk bins/waste containers and 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 in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

40.     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.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Survey Requirements

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

 

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

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

·           as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

Site Amenities

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

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

 

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

 

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

 

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

 

Spa Pool Safety

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

 

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

 

Swimming Pool & Spa Pool Requirements

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

 

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

 

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

                 

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

 

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

 

Notification of Swimming Pools & Spa Pools

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

 

Council’s “Notification & Registration of a Swimming Pool” (which can be found on Council’s website under ‘Find a Form’) form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)       Construct a maximum 5.0m wide concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

58.     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.

 

 

 

 

 

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

External Lighting

60.     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.

 

Street Numbering

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

 

Waste Management

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

 

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

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

 

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

 

Swimming/Spa Pools

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

 

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

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

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D4/13

 

 

Subject:                  14 Reservoir Street, Little Bay (DA/66/2012/A)

Folder No:                   DA/66/2012/A

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 modification to approved development to delete swimming pools and associated decks to rear yard and enlarge balcony to front of dwelling No.14 and reduce the size of the rear ground floor deck of No. 14A

Ward:                      South Ward

Applicant:                Archman Design Services

Owner:                         Wayne Savic Happy 1 Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to the Planning Committee for determination as the original application was considered and determined by Council at the Council meeting of the 24 April 2012.

 

The original application detailed the demolition of all structures on site, erection of two, two storey dwelling houses, including swimming pools, fencing and timber decks and subdivision into two lots.

 

The proposed modifications include the deletion of the swimming pools and decks to the rear of each dwelling, an increase in the depth of the front first floor balcony of dwelling No.14 and reduction in the size of the rear ground level deck of dwelling No.14A.

 

The proposed modification will not result in any additional impacts to the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

This Section 96 application seeks consent to modify the approved development in the following manner;

 

a)     The proposed in ground swimming pool and surrounding deck to the rear yard of each dwelling are to be deleted from the approval.

b)     The rear ground level entry steps to dwelling No.14 are to be relocated to be centrally located at the rear of the deck.

c)     The depth of the rear ground level deck to dwelling No.14A is to be reduced to a depth of 3m, to reflect that the adjoining swimming pool deck has been deleted.

d)     The balcony to the front of dwelling No.14 is to be increased in depth by 350mm.

e)     A flat ceiling installed to the upper level of dwelling No.14 instead of the approved open exposed ceiling.

 

3.    The Subject Site and Surrounding Area

 

The site is on the north eastern side of Reservoir Street with a frontage width of 34.755m. The site has an area of 807m² and is relatively level with a slight fall from the rear to the front.

 

The locality is residential and comprises a mixture of single and two storey dwellings and some attached dual occupancies.

 

4.    Site History

 

The original Development Application was determined at the Council meeting of the 24 April 2012 with consent being granted subject to conditions.

 

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

9 Dawes Street Little Bay

-    Requests that privacy screening be provided to the rear of the property and the upper level rear balcony.

 

 

The issue of privacy was considered in detail in the assessment of the original application. It is noted that the upper level balcony to each dwelling exceeds 9m from the objector’s property.

 

6.    Section 96 Amendment

 

Under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:

 

Section 96(2) Criteria

Comment

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

The proposal is considered to represent substantially the same development.

(b)   it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

Not applicable.

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

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

(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

The owners of adjoining and neighbouring properties were notified of the proposed modification in accordance with the DCP – Public Notification.

 

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

The issues raised in the submission have been addressed in Part 5 of the report.

 

 

7.    Relevant Environmental Planning Instruments

 

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

Randwick Local Environmental Plan 1998

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

 

7.1 Development Control Plan – 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.

 

Preferred Solution

Proposal

Compliance with objectives and performance requirements of the DCP Dwelling Houses

Floor Space ratio

0.6:1

0.61:1 for each dwelling.

The proposed modifications do not alter the approved FSR.

Height Form, Materials

The external wall height does not exceed 7m. The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

The proposed modifications do not alter the approved external wall height of the building.

External wall height approved under the original development consent.

Landscaping

A minimum of 40% of the total site area provided as landscaping area, each dwelling provided with 25m² of usable private open space with 20% of the site area provided as soft landscaping

The originally approved areas of landscaping satisfy the preferred solutions of the DCP. The modifications to the approved development do not reduce the area of landscaping within the rear yard.

Yes

Side Setbacks

Ground – 0.9m

1st floor – 1.5m

Front set back

6m on dominant setback

 

Rear set back

4.5m

The proposed modifications do not alter the existing approved building setbacks.

Yes

Privacy

Where a direct view is available into the private open space of an existing dwelling, outlook from windows is obscured or screened within 9m and beyond a 45 degree angle from the plane of the wall containing the opening. Windows have sill heights of 1.5m above floor level or fixed glazing to any part of the window less than 1.5m above floor level.

Privacy impacts to the adjoining properties were considered in detail during the assessment of the original application.

The proposed modifications do not reduce the existing levels of privacy to the adjoining properties as considered with the original application.

Solar access

Private open space and north facing windows receive at least 3 hours of sunlight over at least part of it’s area between 9.00am and 3.00pm on 21 June.

The principal outdoor recreation space to neighbouring dwellings receive at least 3 hours of sunlight over at least part of its area between 9.00am and 3.00pm on 21 June, if less than 3 hours is available currently access to sunlight is not reduced.

The orientation of the site on the north eastern side of Reservoir Street will result in the majority of overshadowing caused by the new development upon the footpath and roadway of Reservoir Street rather than into the adjoining properties. The extent of overshadowing to the adjoining property at 16 Reservoir Street will be confined to the late afternoon period and for the remainder of the day will satisfy the minimum of 3 hours of solar access to the private outdoor living areas and north facing living areas.

The proposed modifications to the approved development will not alter the existing solar access as assessed under the original application.

 

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

See below.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

 

Zoning: R2 Low residential.

Is development permitted under zoning?

Development for the purpose of dwellings is permitted with consent.

The application details the demolition of the existing building and erection of two new dwelling and subdivision into two lots.

Yes

Floor Space Ratio (Maximum)

0.65:1

0.61:1

Yes

Height of Buildings

9.5m

8.7m

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 DA/66/2012 be approved.

 

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/66/2012 to modify the existing development consent to delete the swimming pools and associated decks to the rear of the dwellings, increase the depth of the first floor balcony of No.14, reduce the size of the rear ground floor deck of No.14A and alter the internal ceiling cladding of No.14, at 14-14A Reservoir Street Little Bay subject to the following conditions:

 

·           Amend Condition No. 1 to read:

1.     The development must be implemented substantially in accordance with the plans and supporting information listed below and endorsed with Council’s approved stamp,

 

Plan

Drawn by

Dated

012/0002-1

GM

02.02.12

012/0002-2

GM

02.02.12

012/0002-3

GM

02.02.12

012/0002-4

GM

02.02.12

012/0002-5

GM

02.02.12

012/0002-6

GM

02.02.12

012/0002-7

GM

02.02.12

012/0002-8

GM

02.02.12

012/0002-9

GM

02.02.12

 

BASIX Certificate

No.

Dated

 

413746S

3rd February 2012

 

413747S

3rd February 2012

 

        except as amended by the Section 96 plans as detailed below, and as may be amended by the following conditions and as may be shown in red on the attached plans.

 

Plan

Drawn by

Dated

012/0002s96-1

GM

24.10.12

012/0002s96-2

GM

24.10.12

 

BASIX Certificate

No.

Dated

 

413746S_02

22nd October 2012

 

413747S_02

22nd October 2012

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D5/13

 

 

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

Folder No:                   DA/452/2010/C

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96AA Modification to approved development by redesigning the driveway in order to retain the existing power pole in the current location

Ward:                      East Ward

Applicant:                Brenchley Architects

Owner:                         Solitarii Developments Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

This Section 96AA modification is referred to the Planning Committee meeting 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 redesign of the driveway to the basement garage in order to retain the power pole in the current location within the footpath.

 

The proposed modification does not give rise to any additional amenity impacts as the modification relates to the relocation of the driveway position only.

 

2.    The Proposal

 

The application seeks consent to modify the approved development consent to redesign the driveway crossing further to the east of the site so as to avoid relocating the existing power pole which is located within the approved driveway entrance.

 

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 the 6th 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 the 18th January 2012.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  No response has been received to the notification process.

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 proposal does not involve any significant changes to the approved built form, floor space or landscaped area provision on site. Therefore, 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 legislation and policy.

 

7.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer for comment and additional information was sought from the applicant to support their request.

 

The advice provided upon receipt and consideration of the additional information is that the proposal can be supported subject to modification of an existing condition of consent to clarify the position of the vehicular crossing and layback from the existing power pole.

 

8.    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 compromise the objectives of Clause 12 of the LEP, Residential 2C Zone.

 

 

 

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

Not applicable

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

The proposal generally satisfies the objectives in the DCP -Multi Unit Housing in relation to vehicular access.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

No submissions have been received.

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

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

 

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

No change to existing approved FSR of 0.85:1.

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 approved.

 

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. 452/2010 to modify the existing development consent and the design of the driveway at 86 Dudley Street Coogee subject to the following conditions:

 

 

1.      Amended condition 1 to read:

The development must be implemented substantially in accordance with the following plans approved by the Land and Environment Court Judgment on 28 June 2011, numbered 2010-005-A01 to 2010-005-A04 – all issue: E, dated March, 2011 and received by Council on 15 March 2011, the application form and on any supporting information received with the application, as amended by the following: 

 

·           Section 96AA plans

 

Plan

Drawn by

Dated

Received by Council 

2010-005-A01, Issue S96-H

Brenchley Architects Pty Ltd

16/11/2011

17 November 2011

2010-005-A02

Issue S96-H

2010-005-A03

Issue S96-H

2010-005-A04

Issue S96-H

2010-005-A05

Issue S96-H

08/08/2011

12 August 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

·           Section 96 ‘B’ plan numbered 2010-005-A01, dated 12.12.2011 and received by Council on 14th December 2011, and

 

·           Section 96 ‘C’ plan numbered 2010-005-A01, Issue S96-J, dated 25.01.2012 and received by Council on 18 June 2012.

 

only in so far as they relate to the modifications detailed in the Section 96 applications and highlighted in the Section 96 plans as amended by the following conditions and as mane be shown in red on the attached plans.

 

2.      Amend Condition No. 14a) to read:

·       14a)     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a.     Construct a full width heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site. The western edge of the vehicular crossing shall be located a maximum of 1metre from the centreline of the existing power pole located to the west of the proposed vehicular crossing. Council’s preference, however is for the vehicular crossing to be located as close as possible to the power pole and the applicant must liaise with Ausgrid to determine the minimum offset permissible. The vehicular crossing shall be constructed in accordance with advice from Ausgrid.

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D6/13

 

 

Subject:                  Shop 2/393 Anzac Parade, Kingsford - DA/797/2012

Folder No:                   DA/797/2012

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Internal fit-out and change of use of the premises to remedial and traditional Thai massage and new signage

Ward:                      West Ward

Applicant:                Mr. J Spiteri & Mr. D Walton

Owner:                         Mr. Y H Lai & Ms. M Y P Mui

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application details the use of an existing shop for a remedial and traditional Thai massage including internal fit-out and new signage. In accordance with Council’s resolution on 27 June 2006, the application is referred to the Planning Committee meeting for determination as the proposed development involves massage services.

 

In order to verify that the proposed development will operate under its intended use, Council has requested the applicant to provide additional documentation including details of the necessary qualifications to operate the subject business. The applicant has responded by providing a certificate from the Chonburi Institute for the completion of an upgrade training course in Thai massage, Thai spa and foot massage. The applicant has also provided supporting documentation demonstrating relevant qualifications of associated staff members.

 

In light of the above documents, it is considered that the proposed use is legitimate and the premises are not intended to be used for the purpose of providing sexual services.

 

The application is recommended for approval

 

2.    The Proposal

 

The proposal seeks to change the use of the existing shop from a bicycle repair shop to a remedial and traditional Thai massage therapy business. The proposed works also include an internal fit-out and new signage, which includes an illuminated under awning sign, replacement fascia signage and new vinyl signage displaying the intended use of the business.

 

The proposed hours of operation are from Monday to Saturday 9.00am to 9.00pm and Sunday from 9.00am to 8.00pm. The proposed number of employees is 3 per shift including one manager at the premises.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south-western side of Anzac Parade and on the intersection of Anzac Parade and Gardeners Road. The existing shop is currently occupied by an existing 2 storey mixed-use development with commercial use on the ground floor and first floor level with residential units above.

 

Neighbouring the property to the north-western side of the site is Gardeners Road, to the rear is Bunnerong Road and to the south-east is a garage/workshop premises. The immediate locality is primarily commercial and low density residential in nature.

 

4.    Site History

 

DA/327/1998:        A development application was approved on the 4th of June 1998 for the extension to the existing restaurant comprising a new bar facility and alterations to the ablutions

 

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 no submissions were received.

 

5.1 Support

No letters of support have been received.

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1      Environmental Health Officer

Assessing planner should take note that apart from massages, no beauty treatment or skin penetration activities have been proposed. Commencement of any other types of beauty or skin penetration activities will require another application for approval.

 

Proposed Hours of Operation

Monday to Saturday:  9:00am – 9:00pm

Sunday 9.00am – 8.00pm

 

Assessing planner should consider similar approvals in relation to hours of operation.

 

Comment from Planning Officer: Refer to Section 8 of this report

 

6.2      Development Engineering

The applicant shall be advised that Council may be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

6.3      Building Regulation and Compliance Officer

Proposed Development: Change of use of premises from bicycle repair to Thai massage as well as internal fit-out and signage.

 

Comments: Low impact development

 

Recommendation: Approval

 

7.    Relevant Environmental Planning Instruments

 

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

 

·      Randwick Local Environmental Plan 1998 (consolidation)

·      Draft Randwick Local Environmental Plan 2012

 

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

 

(a)    Randwick Local Environmental Plan 1998 (consolidation)

 

Clause 12: No.2C (Residential C Zone)

The site is zoned Residential 2C under the Randwick Local Environmental Plan 1998 (consolidation) and the proposal is permissible under Clause 35 with Council's consent.

 

The proposal is consistent with the aims of RLEP 1998 (consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas and will not compromise the amenity of the existing residents. The proposed use will not contribute to any additional bulk and scale and will maintain the amenity of the neighbouring residential zones. The proposed works largely involve internal alterations utilising the existing shopfront which will continue to integrate with the adjoining commercial premises. Any new signage will remain consistent with the signage within the locality.

 

Clause 35: Business Premises in Residential Zones

Clause 35 of LEP 1998 (consolidation) states that Council may grant consent to the development of land within Zone No. 2C for the purpose of business premises, but only if the Council is satisfied that the proposed use is to be situated in a building, or part of a building, that was originally designed or constructed (or both) for use as business premises, and the total floor space to be used as business premises does not exceed 100 square metres.  The stated purpose of Clause 35 is to provide for the establishment and continued operation of small scale business development in residential zones.

 

Control

Requirement

Proposal

Complies

Floor space to be used as business premises.

Does not exceed 100 square metres.

Approx. 37m2

Yes

 

The proposed subject site is located within Anzac Parade and adjoins a number of mixed use developments with ground floor general business and residential above. The subject premise was previously used as a bicycle repair shop and therefore maintains characteristics of a business premises. The proposal will comply with the standards included in Clause 35 of the Randwick Local Environmental Plan 1998 (consolidation).

 

(b)    Draft Randwick Local Environmental Plan 2012

 

Part 2 - Zone B2: Local Centre

The proposal is within the B2 Local Centre and satisfies the objectives of this zone in that the use will continue to provide a range of retail, business and community uses and is a development that will minimise the impact of development and protect the amenity of the residents in the zone.

 

7.1 Policy Controls

The Policy controls applicable to the proposed development are:

·      Development Control Plan – Outdoor Advertising

·      Development Control Plan – Parking

 

a.    Development Control Plan: Outdoor Advertising

The DCP for Outdoor Advertising provides a number of objectives and controls which apply to outdoor advertising in Business Zones, including the following:

 

·      Ensure that outdoor advertising is in keeping with the scale and character of the building to which it is attached and does not detract fro the architectural style or features of the building.

·      Ensure that the placement and amount of advertising does not crowd the advertiser’s message.

·      Reduce the visual complexity of streetscapes by providing fewer more effective signs.

 

Among the controls for outdoor advertising in Business Zones, it must be noted that “the size and shape of any outdoor advertising must relate to the size of the building or space to which it is to be attached to or placed on”. The proposed illuminated under awning sign, painted signage below the existing fixed glass panel and vinyl signage behind the shop front glazing will remain consistent with the character and features of the existing development as well as with the surrounding traditional signage types in the commercial zone. The proposal will not impact on the amenity of the adjoining properties or the street character, complying with the objectives and controls outlined in the DCP for Outdoor Advertising.  

b.      Development Control Plan: Parking

Council’s Parking DCP will only require that additional parking spaces be provided to cater for additional demands arising from increases in floor space or change of use. The proposal does not seek to increase the size of the floor area and the use will maintain a similar parking demand as existing. Subsequently, the provisions of the DCP do not apply. At present, no on-site parking is available and due to the minor nature of the proposal, there is no scope to provide additional parking. It is not expected that the proposal will result in additional traffic to the detriment of the existing parking situation within Anzac Parade. Directly north-east from the shop is a dedicated car parking area within the existing median strip of Anzac Parade which can service the additional parking demands generated by the new use. The proposal will and will comply with the objectives of the DCP for Parking. 

 

7.2 Council Policies

The policy for all development applications lodged with Council for remedial massage and/or “adult services” be brought before a meeting of Council or the Health, Building and Planning Committee of Council was adopted at the Ordinary Council Meeting on the 27 June 2006. 

 

Consequently, the application is referred to Council for determination as the proposed use involves massage services.

 

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

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

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

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

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

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

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 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.

 

Proposed use for remedial massage:

The details provided with the application adequately describe the development for the purpose for which approval is sought, as a legitimate premises providing remedial and traditional Thai massage therapy forming part of the business. The owner/operator has provided professional credentials and it is considered that services of a non-sexual nature will be provided. Further, the proposal includes design implications to minimise potential for any prohibited use including; utilising an existing glazed shopfront which allows a transparent view into the business premises from the Council footpath to allow for public surveillance on the nature of the business premises.

 

Proposed Hours of Operation

The applicant seeks consent for the following hours of operation:

·      9:00am to 9:00pm on Monday to Saturday (inclusive)

·      9:00pm to 8:00pm on Sunday

 

Council’s environmental health officer has stated within the submitted referral that the assessing planning officer should, when assessing this application, take into consideration the hours of operation and approvals for the existing businesses to ensure consistency in regards to the acoustic amenity impacts of the surrounding area.

 

At present, there are a number of previous approvals for surrounding restaurants/cafes that contain approved operating hours to cease trading at 12am from Monday to Sunday. Given there is a number of shops that are located in close proximity to the subject property that have similar trading hours it would be unreasonable to request that Council restrict the operating hours than those in relatively close proximity to the subject food premises. Further, it is not expected that the proposed use for remedial and traditional Thai massage will result in any undue impacts to noise generation. In light of the existing operating hours of the restaurants and adjoining shops and the proposed use of the shop it is recommended that Council support the hours as submitted by the applicant. The proposal is not expected to result in any significant adverse impacts as the existing situation.

 

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

 

No submissions have been received.

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 8:       A strong local economy.

Direction 8a:      Vibrant business, commercial and industrial sectors that private ongoing and diverse employment opportunities.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed internal fit-out and change of use of the premises to remedial and traditional Thai massage including internal fit-out and associated signage will continue to comply with the relevant objectives outlined within the Randwick Local Environmental Plan 1998 (consolidation) and is satisfactory in upholding the performance requirements and objectives of the DCP for Outdoor Advertising and Parking. The proposed use is considered to be consistent with small business uses and subject to conditions restrict the type of massage therapy service provided. It is expected that the inoffensive nature of the use will not result in any unreasonable adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/797/2012 for permission an internal fit-out and change of use of the premises for remedial and traditional Thai massage and new signage, at Shop 2/393 Anzac Parade, Kingsford, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

  Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

12.153 (Sheet 1 of 1)

John Spiteri

December 2012

3 December 2012

 

2.       The minimum clear distance from the existing footpath in Anzac Parade to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Anzac Parade), shall be 2.60 metres.

 

3.             The under awning sign shall be internally illuminated only.

 

4.       The intensity of the light in the illuminated sign shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

5.             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

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

 

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

 

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

 

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

 

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

 

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

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

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Building Code of Australia & Fire Safety

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

 

9.       In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety (as applicable) to the satisfaction of the Certifying Authority:

 

·              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.

·              Any residential part/s of the building are to be suitably fire-separated from the commercial area encompassed in this development application.

 

Details of the abovementioned items and other building and fire safety works are to be included in the construction certificate.

 

Access & Facilities

10.     Access and/or facilities for people with disabilities must be provided to new buildings and new building work in accordance with the relevant provisions of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, to the satisfaction of the Certifying Authority.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

11.     Prior to the commencement of any building (including ‘fit-out’ 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

 

Certification, PCA & other Regulatory Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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 Inspections

13.     The 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.

 

 

Excavations & Support of Adjoining Land

14.     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.

 

Permitted Working Hours

15.     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

 

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.

 

Construction Site Management, Public Health & Safety

16.     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):

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

 

d)     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.

 

e)     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.

 

f)      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.

 

g)     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.

 

h)     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.

 

i)      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.

 

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

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

 

            Fire Safety Certificate Requirements

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

 

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

 

            Waste Management

19.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

20.     Any trade/commercial waste materials must not be disposed in or through 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. Details of the proposed waste collection and disposal service are to be submitted to Council prior to commencing operation of the business.

 

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.

 

21.     The hours of operation of the business are restricted to:

 

Hours of Operation

Monday to Saturday:          9:00am – 9:00pm

Sunday:                           9:00am – 8:00pm

 

            Public Health & Environmental Amenity

22.     The use and operation of the business must be carried out in accordance with the relevant requirements of the Public Health Act 2010, Public Health Regulation 2012 and associated guidelines and codes of best practice, at all times.

 

23.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

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

 

24.     The 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 operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

25.     The business may be the subject of a routine inspection by Council’s Environmental Health officer’s and relevant inspection fees are payable, as provided in Council’s annual Pricing Policy.

 

26.     The premises must be maintained in a clean, healthy and sanitary condition at all times.

 

27.     The operation of the premises is to be restricted to massage only. The premise is not to be used for the purpose of a brothel and in this regard, no sexual services are to be offered in association with the massage usage.

 

28.     Any other treatments/services other than massage will require a separate application to Council and relevant approval shall be obtained (as required) prior to commencement.

 

29.     The owner of the subject site must advise Council in writing of any change in the tenant that is operating the massage shop and advise the new tenant that they must provide Council with the qualifications of all staff involved in providing massage services prior to commencing the new operation.

 

Fire Safety Statements

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

 

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

 

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

 

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

 

GENERAL ADVISORY NOTES

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

 

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

 

Failure to comply with these 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.

 

A2      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA) and Disability (Access to Premises – Buildings) Standards 2010.

 

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.

 

A3      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to speak to the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D7/13

 

 

Subject:                  3R Marine Parade, Maroubra (DA/659/2012)

Folder No:                   DA/659/2012

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Alterations and additions to the existing Maroubra Surf Life Saving Club including new first floor addition, internal lift and wc, disabled access ramp and associated awning structure

Ward:                      Central Ward

Applicant:                Maroubra Surf Life Saving Club Inc

Owner:                         Department of Trade & Investment - Crown Lands

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application seeks approval for alterations and additions to the existing Maroubra Surf Life Saving Club (3R Marine Parade, Maroubra) including a new first floor addition, internal lift and wc, disabled access ramp and associated awning structure.

 

The application was placed on notification for a total of fourteen (14) days, commencing 31 October 2012 to 14 November 2012. No submissions were received during this period.

 

The site is zoned Open Space 6A under the Randwick Local Environmental Plan 1998 (Consolidation). The proposed development is permissible subject to Council consent.

 

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

 

1.    The Proposal

 

The proposal involves alterations and additions to the existing part one, part two storey Maroubra Surf Life Savings Club.

 

At ground floor, the proposed works are limited to a disabled lift facility connecting the ground floor to the existing first floor function room. There are no other works proposed at ground floor.

 

A new first floor addition is proposed, adjacent to the existing function room. This room will be used for the purposes of a patrol room. A proposed awning structure, covered walkway and disabled access ramp are also proposed.

 

The new addition will be built upon the existing rooftop terrace, behind the existing parapet wall.

 

At present, there is no formal patrol room. The eastern function room, at first floor level, is currently used by patrol members during bad weather. In correspondence with the applicant, it is evident that the current arrangement creates conflicts when a function is in progress, which has resulted in this proposal.

 

The proposed hours of operation to the patrol room are as follows:

 

·      7:30am – 6:30pm Saturday, Sunday and Public Holidays

·      Occasional mid-week use: 5:00pm – 10:00pm approximately during resuscitation and first aid training.

 

The proposed hours of operation match those of the current patrol activities.

 

There is no change proposed to the current hours of operation to the Maroubra Surf Life Saving Club which operates 7 days a week, between 4:30am – 10:00pm.

 

Access to the patrol room can be via the main entry to the club or should a function be in progress, via the external set of stairs located in the courtyard.

 

The site is not classified as a heritage item nor is it located within a conservation area. It is noted that the Maroubra Beach Hotel is listed as an item of heritage and is located to the north west of the site. As the proposed works are not significant in their scale, the proposal will pose no impact to the item and is considered reasonable.

 

 

 

 

2.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Marine Parade, Maroubra Beach. To the east of the building is a promenade area leading to the beach, whilst to the north, south and west are paved and landscaped public areas including a playground.

 

The subject property is located on Crown Land.

 

The property itself comprises of a part one and part two storey building. The floor plan of the ground floor includes a caretaker’s flat; gymnasium; lockers; female toilets; boat, board and ski storage areas and courtyard and grassed areas. At first floor, the layout includes a bar; servery; kitchen; storage; function rooms; toilet facilities and a concrete rooftop terrace.

 

With regards to the surrounding properties, directly opposite the site (to the west) is a multi-storey commercial development including the Maroubra Seals Club.

 

To the north west is a three storey residential flat building and other small scale commercial uses and cafes. Further to the north west is the Maroubra Bay Hotel, an item of local significance under the Randwick Local Environmental Plan 1998. This status is also maintained under the provisions of the draft Randwick Local Environmental Plan 2012.

 

To the south west of the site are existing car parking bays and the Arthur Byrne Reserve. Located further to the south west of the site is South Maroubra Beach Surf Life Saving Club.

 

3.    Site History

 

Property Applications:

DA/258/1979             To install 3 amusement machines - REFUSED

DA/104/1983             To erect new amenities pavilion – APPROVED

DA/306/1988             To extend and enclose the existing kiosk – APPROVED

 

DA/364/1996                     Enclose an area to front of the kiosk to create an enclosed eating area – REFUSED

DA/575/1996                     One day touch football competition construction of 6 beach touch football fields and seating – APPROVED

DA/67/1998               Surf, skate, beach volleyball competitions, stalls, live music, part of youth week 1998 – WITHDRAWN

DA/315/1998             Upgrading Maroubra Beach, Marine Parade and surrounds including carpark, skate facilities, recreational facilities, landscaping works - APPROVED

DA/58/2001               To use the central and southern part of Maroubra Beach, the adjacent foreshore, carparking areas and reserves for a Surf Life Saving carnival (NSW State Titles)  including associated food, beverages - APPROVED

DA/433/2002             Enclose the existing open dining area of the Pavilion Cafe by replacing the existing pvc windbreaks with fold back glass doors and place the current number of tables and chairs beyond the current lease area - APPROVED

DA/433/2002/A          Section 96(1A) application for a new concrete floor to the seating area  and new suspended false ceiling at Pavilion Cafe at Maroubra: Original proposal; Enclose the existing open dining area of the Pavilion Cafe by replacing the existing pvc windbreaks with fold back glass doors and place the current number of tables and chairs beyond the current lease area – APPROVED

DA/737/2006             Creation of two new openings in external walls of the Pavilion Cafe, on the Maroubra Beach Promenade, and a new security shutter to northern facade - APPROVED

 

4.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  The application was also advertised in the local newspaper for a period of 14 days from the 31st of October 2012 to the 14th of November 2012.

 

5.1 Objections

No submissions were received.

 

5.2 Support

No submissions were received.

 

5.    Technical Officers Comments

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

The application has been assessed by Council’s Building Section and has been recommended for approval subject to conditions noted in this report.

 

6.    Master Planning Requirements

 

There are no master planning requirements applicable to the site.

 

7.    Relevant Environmental Planning Instruments

 

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

 

·      State Environmental Planning Policy No. 71 Coastal Protection

·      Randwick Local Environmental Plan 1998

·      Draft Randwick Local Environmental Plan 2012

·      DCP - Public Notification

·      Maroubra Beach Plan of Management

 

7.1 State Environmental Planning Policy No. 71 Coastal Protection

The site is located adjacent to Maroubra Beach and so the provisions of State Environmental Planning Policy No. 71 are applicable to the site.

 

The proposed alterations and additions are considered to be in keeping with the aims of the policy as specified under Clause 2.

 

The application has also been assessed against Part 2 “Matters for Consideration” of the policy and the following comments are made:

 

-      The proposal will not alter existing public access along the foreshore.

 

-      Although the proposal does not create any new public/disabled access to the foreshore, it does not restrict this from occurring in the future.

 

-      The proposed works are in keeping with the objectives of the Maroubra Beach Plan of Management. The proposed addition is not significant and the proposed scale is well proportioned to the existing building.

 

-      The works will not result in any detrimental impact to the amenity of the foreshore.

 

-      The proposal is unlikely to impact the scenic quality of Maroubra Beach as the new works are well integrated with the existing building.

 

-      The proposal will not have any impact to any threatened species or habitat.

 

-      The proposal will not have any impact to any fish, marine vegetation or their habitat.

 

-      The proposal will not have any impact to any existing wildlife corridor.

 

-      The proposal will not result in any detrimental impact to any coastal processes or hazards.

 

-      The proposal will not have any impact to any land-based or water-based coastal activities.

 

-      There are no known Aboriginal or archaeological cultural place, beliefs or traditional knowledge on the subject site.

 

-      The proposal will not have any impact to the water quality of coastal waterbodies.

 

-      The proposal will not have any impact to any items of heritage or the like.

 

-      The subject property is to incorporate efficient and water efficient practices in its operation.

 

8.2 Randwick Local Environmental Plan 1998

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

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

 

Clause 18 –Zone No 6A (Open Space Zone)

“(1) The objectives of Zone No. 6A are:

 

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

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

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

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

(e)    To enable the sustainable management of the land”.

 

Under the provisions of Zone 6A, the subject property may best be described as a community facility, which is defined as follows:

 

community facility means a building or place owned or controlled by a public authority or a charitable or voluntary organisation which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but (in Part 2) does not include a building or place elsewhere defined in this clause”.

 

The proposal seeks to improve disabled access to and from the premises which includes recreational and entertainment facilities. The proposed patrol room will further promote and ensure the safety of the visitors to the beach. The application is therefore considered to be in keeping with objectives (a) and (b).

 

The land will continue to be classified as public open space and thus is in keeping with objective (c).

 

The existing landscaped courtyard will not be impacted by this proposal nor will any trees be removed, satisfying objective (d).

 

The proposed works are not of a significant nature and seek to improve access within the club and promote safety along the beach. The club is currently serviced by reticulated water, contributing to a sustainable operation. The proposal is therefore in keeping with objective (e).

 

The proposed works are therefore considered permissible within the zone.

 

Clause 22 – Services

There are adequate services available to the property, evident its current use. The submitted Statement of Environmental Effects further notes that reticulated water and sewerage services are available to the site, allowing for disposal of drainage from the site. Rainwater collected from the new roofed areas will be connected to the existing stormwater drainage system.

 

Clause 38 – Development in Open Space zones

The proposal is considered to be in keeping with the objectives of the Clause.

 

The proposed works will greatly improve the operation of patrol activities, providing a specific building where patrol and crucial training activities may be completed.

 

The existing building does not provide for disabled access. Accordingly, the provision of access ramps, disabled lift and amenities will further promote the use and enjoyment of the premises.

 

The site has not been identified as reserved for any future use.

 

Specific regard has been made to the impact of the proposed works to surrounding development. The additional floor area generated by the patrol room is not substantial in its area or height. It is noted that the patrol room will be a maximum of 3.0 metres in height, although a portion of this will be concealed behind the existing parapet boundary walls. Therefore to the public domain, the proposal is only an additional 2.36m in height. In addition, the proposed patrol is limited to the southern most end of the rooftop terrace and is only 6.35 metres in its total width. The overall height will be at the eaves of the existing function room. There is also no increase in building footprint as the patrol room will occupy the existing terrace area.

 

Following inspections of the site, it was determined that the siting of the patrol room is also unlikely to result in any significant view loss to nearby residential properties located along Marine Parade. These residential properties have been orientated to directly address the ocean as opposed to the surf life saving club, located to the south. The majority of newer residential development is further to the north of the subject site. As the new works are located to the south of the existing two storey element, it is unlikely that its siting will result in any view loss to these developments.

 

The maximum building height proposed will also be below that of the existing function room, minimising any perceived bulk. The proposal is therefore considered appropriate within the context of the site.

 

Clause 42A – Classification and reclassification of public land as operational

The subject site has been identified as community land and is a community service/use. The proposed use is considered permissible with the consent of Council. There is no reclassification required as it operates as part of the existing facility.

 

Written support has been submitted by Trade & Investment Crown lands providing owner’s consent for the proposed works.

 

8.3 Policy Controls

a.         Development Control Plan – Public Notification of Development Proposals and Council Plans

The development application has been appropriately notified in accordance with the provisions of this development control plan.

 

The application was initially notified from the 31st of October 2012 to the 14th of November 2012. No submissions were received during this period.

 

8.4 Council Policies

There are no relevant Council policies to be considered.

 

9    Maroubra Beach Plan of Management

 

Consideration should also be made to the Maroubra Beach Plan of Management. Section 6 of the Management Plan describes the 6 management zones and associated management philosophies. The subject property would fall under “Zone 3: The Promenade and the Plaza – The Central Zone comprising the major public walkways, buildings, landscaped areas and central car park between the beach and Marine Parade”.

 

The key management philosophy for this zone is to “develop this zone as a major community focus, and a meeting and events place with strong physical and visual integration with the beach and commercial zones”.

 

It is considered that the works proposed are in keeping with the stated outcomes and will positively contribute to the use and enjoyment of the facility and area.

 

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.

 

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 Open Space 6A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed 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

This assessment has been undertaken with regard to the draft Randwick Local Environmental Plan 2012.

 

The following provisions of the draft Local Environmental Plan have been considered in relation to the proposed works.

 

The subject site is zoned RE1 Public Recreation. The existing Surf Life Saving Club may be classified as a “community facility” which is permissible under the zone.

 

There are no trees being removed from the site.

 

The site is not classified as a heritage item. It is noted that the Maroubra Beach Hotel is located within the vicinity of the site and is listed as a heritage item. As the proposed works are not significant in their scale, the proposal will pose no impact to the item and is considered reasonable.

 

The site is identified as containing part Class 4 and part Class 5 acid sulfate soils. The proposal will not result in any soil disturbance, given the nature and siting of the proposed works.

 

Clause 5.5 of the draft local environmental plan addresses development within the coastal zone. These requirements form part of State Environmental Planning Policy No. 71 – Coastal Protection and has been addressed within this report and found to be compliant.

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

The proposal has been notified in accordance with Development Control Plan – Public Notification.

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 submitted plans indicate that the proposed addition is compatible with the design of the existing building and will not add any unnecessary bulk. The maximum ridge height of the new works will be below that of the existing first floor and is unlikely to cause any excessive overshadowing. Appropriate colours should be applied to integrate the new works to the building overall.

 

The proposal is unlikely to generate any increased demand for car parking, noting that the only new floor area generated relates to the patrol room. The existing parking facilities are considered adequate.

 

The inclusion of ramps, disabled lift and wc will significantly improve accessibility to and from the premises.

 

The proposed development is consistent with the current use of the premises. 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 current use has been in operation for many years. The proposed works will improve the operation and amenity of the premises for staff and patrons alike. The proposed alterations and additions are unlikely to result in any negative impact to surrounding properties.

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

 

No submissions were received.

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse Community.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed works have been assessed against Section 79C of the Environmental Planning and Assessment Act 1979, and Randwick Local Environmental Plan 1998 and is considered satisfactory.

 

The proposed works are considered appropriate within the context of the site. The application is recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/659/2012 for alterations and additions to the existing Maroubra Surf Life Saving Club including new first floor addition, internal lift and wc, disabled access ramp and associated awning structure at No. 3R Marine Parade, Maroubra, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Dwg No – 034/12 Sheet 1 of 5

Classic Plans

11/10/12

Dwg No – 034/12 Sheet 2 of 5

Classic Plans

11/10/12

Dwg No – 034/12 Sheet 3 of 5

Classic Plans

11/10/12

Dwg No – 034/12 Sheet 4 of 5

Classic Plans

11/10/12

Dwg No – 034/12 Sheet 5 of 5

Classic Plans

11/10/12

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

 

3.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the subject proeprty to maintain the integrity and amenity of the building and the streetscape.

 

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

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $385,000 the following applicable monetary levy must be paid to Council: $3,850.

       

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

 

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

 

Long Service Levy Payments

5.       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.

 

 

Sydney Water Requirements

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

 

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

 

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

 

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

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

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

7.       In accordance with section 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.

 

8.       All new building work, including alterations and additions, are to be carried out in accordance with the relevant provisions of the Building Code of Australia (BCA) and details are to be included in the Construction Certificate, to the satisfaction of the Certifying Authority.

 

9.       The applicant must submit a report to the Principal Certifying Authority with the Construction Certificate Application, prepared by a practising, consulting structural engineer, certifying the structural adequacy of the existing dwelling to support the superimposed loads of the proposed alterations and additions.

 

10.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety (as applicable) to the satisfaction of the Certifying Authority:

 

·           Any new or replacement ceilings walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia.

 

·           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.

 

Details of the above works are to be included in the construction certificate, to the satisfaction of the Certifying Authority

 

Access & Facilities

11.     Access and/or facilities for people with disabilities must be provided to all new building work in accordance with any relevant provisions of the Building Code of Australia Disability (Access to Premises – Buildings) Standards 2010, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Regulatory Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Demolition Work & Removal of Asbestos Materials

13.     Demolition work must be carried out in accordance with the following requirements:

 

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

 

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration

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

 

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

 

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

 

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 Inspection Requirements

15.     The 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.

 

Excavations & Support of Adjoining Land

16.     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.

 

17.     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.

 

Permitted Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

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

 

Construction Site Management

19.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times:

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

Details of the proposed sediment control measures are to be detailed in the site management plan which must be submitted to the Principal Certifying Authority and Council prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the plan is to be maintained on-site and be made available to Council officers upon request.

 

f)      Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

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

 

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

 

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

 

All works within or upon the road reserve, footpath, nature strip or other public place are to be completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificates & Requirements

20.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation or use of the development encompassed in this development consent (including alterations, additions and ‘fit-out’ work 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 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

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

 

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

 

OPERATIONAL CONDITIONS

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

 

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

 

Fire Safety Statements

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

 

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

 

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

 

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

 

Environmental Amenity

23.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, cause a vibration nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

Waste Management

24.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

Any trade/commercial waste materials must not be disposed in or through 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 Principal Certifying Authority and Council prior to commencing operation of the business.

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

Operational Hours

25.     The hours of operation are restricted to 7:30am – 6:30pm Saturday, Sunday and Public Holidays. Occasional mid-week use: 5:00pm – 10:00pm during resuscitation and first aid training.

 

GENERAL ADVISORY NOTES

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

 

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

 

A2      Building or excavation work must not be commenced until;

 

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

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

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

 

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

 

A3      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA) and Disability (Access to Premises – Buildings) Standards 2010.

 

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.

 

A4      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to liaise with the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

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

 

A5      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

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

 

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

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

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

 

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

 

A8      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.

 

A9      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to liaise with the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

The applicant/owner is 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.

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          12 February 2013

 

 

Development Application Report No. D8/13

 

 

Subject:                  205 Oberon Street, Coogee - DA/500/2010/A

Folder No:                   DA/500/2010/A

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Section 96(2) application to modify the consent by altering the internal layout of the dwellings, changes to openings on elevations, alter the shape of the rear first floor balcony, relocation of skylight, changes to the retaining wall in the rear yard including new stairs

Ward:                      East Ward

Applicant:                Mr G R Lay

Owner:                         Mr G R Lay & Ms L M De Aboitiz

Summary

Recommendation:     Approval

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received