Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 26 March 2013

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

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

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 26 February 2013

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

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

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

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

CP14/13    23 Hunter Avenue, Matraville (DA/703/2012)

CP15/13    3 Hay Street, Randwick (DA/748/2012)

CP16/13    Shop 4/10-16 Bream Street, Coogee (DA/656/2011/C)

CP17/13    28 The Avenue, Randwick (DA/646/2011/A)

Director City Planning Reports (record of voting required)

CP18/13    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) between 1 January to 28 February, 2013

CP19/13    2013 National Youth Week Activities in Randwick City

CP20/13    Cultural and Community Grants Program - March 2013 Round Recommended Allocations

General Manager's Reports

GM5/13     Internal Audit Committee - Extension of term

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF12/13    2013 National General Assembly of Local Government

GF13/13    Affixing of the Seal - Purcell Park, Matraville

GF14/13    Investment Report - February 2013

GF15/13    Investment Policy  

Petitions

Motion Pursuant to Notice

NM16/13    Notice of Motion from Cr D'Souza - Affiliation with the Asbestos Diseases Foundation of Australia Inc.

NM17/13    Notice of Motion from Cr Garcia - Revitalisation of Matraville Town Centre

NM18/13    Notice of Motion from Cr Garcia - Waste over the Xmas Period

NM19/13    Notice of Motion from Cr Stavrinos - Local Art Competition

NM20/13    Notice of Motion from Cr Matson - Support for Boomerang Alliance world record attempt at 'Kicking the Can' for Australia  

Closed Session

GM6/13     SITA's Offer For Processing of Additional Amount of Waste at Their Alternative Waste Treatment Facilities

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

 

GF16/13    27R McNair Avenue, Kingsford - Road Dedication

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

 

GF17/13    SSROC Tender for the Supply and Delivery of Copy Paper (No 04-2012 SSROC)

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

Notice of Rescission Motions

NR1/13      Notice of Rescission Motion submitted by Crs Nash, Moore and Neilson - 158 Moverly Road, South Coogee (DA/584/2012)   

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP14/13

 

 

Subject:                  23 Hunter Avenue, Matraville (DA/703/2012)

Folder No:                   DA/703/2012

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Demolition of the existing dwelling house and construction of a new two storey attached dual occupancy including new front fence, associated site and landscaped works

Ward:                      South Ward

Applicant:                Archispectrum

Owner:                         23 Hunter Avenue Matraville Pty Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application has been referred to the Council for determination as the proposed development involves a SEPP 1 Objection of greater than 10%. It is proposed to exceed the development standard for floor space ratio by 24.7%, pursuant to Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation). The applicant submitted a SEPP1 Objection with the development application.

 

The Development Application seeks consent for the demolition of the existing dwelling house and the construction of a new two storey attached dual occupancy on the site. A new front fence is proposed as well as associated site and landscape works.

 

The application was notified to the surrounding properties however no objections were received. The application is recommended for approval, and conditions are recommended to reduce the privacy impacts of proposed windows on the eastern and western elevations; and to reduce the depth of a proposed first floor balcony at the rear of the eastern dwelling. 

 

2.    The Proposal

 

The proposal involves the demolition of the existing dwelling house and the construction of a new two storey attached dual occupancy including a new front fence and associated site and landscaped works.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Hunter Avenue within the Residential R2 Zone [formerly the 2A (Residential A Zone)]. The site has a frontage of 15.7m, a depth of 40.2m and a total area of 631.7m2. The site has a northerly aspect and sits at the apex of a small localized rise. A single storey detached dwelling exists on the site. A single storey dwelling is located to the west of the subject site and a two storey dwelling is located to the east.

 

 

Figures 1 & 2:  The existing dwelling on the site as viewed from the streetscape and from the rear.

 

4.    Site History

 

Council approved applications to remove trees in 2003, 2006 and 2007. Council also approved BA/145/1959 for a carport.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. No submissions were received regarding the application. 

 

It is noted that an amended landscape plan relating to the subject application was submitted to Council on 1 February 2013. The landscape plan had been requested by Council’s Landscape Technician in response to his concerns regarding the proposed removal of an advanced Eucalypt sp. tree within the front yard. The amended plan shows an increased number of canopy trees within the front setback which will not impose any significant impacts on neighbouring dwellings. Consequently, the amended plans were not required to be re-notified to surrounding dwellings.

 

Further, an amended floor and site plan (DA01 Revision C) was submitted to Council on 7 February 2013. The only changes shown on the amended plan is the amended driveway design shown on the landscape plan submitted to Council on 1 February 2013. Consequently, the amended floor and site plans were not required to be re-notified to surrounding dwellings.

 

A further set of amended architectural plans were submitted to Council on 12 March 2013. The amended architectural plans were in response to an issue raised by Council - that is the lack of articulation of the proposed western dwelling and the perceived visual bulk and scale of the development as viewed from the neighbouring dwelling to the west. The amended plans show increased articulation in the western elevation (hence a reduction in the gross floor area of the eastern dwelling). The changes are minor in scope and scale and will not impose any additional impacts on neighbouring dwellings. Consequently, these amended plans were not required to be re-notified to surrounding dwellings.

 

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

 

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

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

 

 

Floor Space Ratio

LEP development standard

0.5:1

Proposal

0.62:1 - gross floor area of 393.9m2

Excess above the LEP standard

78.1m2 above the development standard which equates to a proposed 24.7% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-        The development is compatible with the existing character of the area, especially when compared to similar two storey dwellings within the streetscape;

 

-        The proposed design is well articulated on all facades, and setbacks have been provided so as to minimise the overall bulk and scale of the building.

 

-        The amenity of the existing residents in the area will be maintained;

 

-        The proposal will not result in any detrimental impact to the neighbouring properties in terms of view loss, privacy and overshadowing;

 

-        Strict compliance would result in a development which is smaller in scale as compared to the general context of the immediate area, when compared to other two storey dwellings; and

 

-        The proposal complies with the maximum wall height control and is well below the maximum building height by approximately 2m. The overall perceived visual bulk and scale has been minimised.

 

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

 

-        The residential character of the area is in a state of transition; and larger detached dwellings and dual occupancy dwellings are now an established element within the streetscape. It is considered that  the proposed dual occupancy dwelling will be consistent with existing residential development which is within the immediate locality of the site; on the northern side of Hunter Avenue and on the eastern side of Clarence Street and within close proximity of the subject site (see Figures 3 & 4 below).; and

 

-        Amended plans show that the proposed dual occupancy dwellings will be articulated on both the eastern and western elevations. The articulation and architectural features which have been included to the front facade will ensure that the proposed dual occupancy dwellings will not visually dominate the adjoining residential dwellings. The articulation which has been provided will also provide greater scope for the redevelopment of neighbouring dwellings in the future; given that similar developments to either side will be less restricted in terms of fenestration layout and overshadowing;

 

-        The proposed development will not impose an unsatisfactory precedent with regard to the height of dwellings to the locality. The development complies with the development standard for external wall heights and does not proposed internal ceiling heights which are excessive (2.7m). It is considered that the proposed dual occupancy dwelling will be commensurate with existing dwellings within close proximity of the site, particularly at 12-12A Hunter Avenue (see Figures 3 & 4 below);

 

-        It is considered that no unreasonable impacts will result as a result of overshadowing and that neighbouring properties will retain access to sunlight, daylight and fresh air as a result of the proposed works; and

 

-        Suitable conditions have been included to ensure that the proposed works will not impose any significant impacts on neighbouring dwellings with regard to visual or acoustic privacy.

 

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

 

Figure 3: An existing dual occupancy dwelling on the northern side of Hunter Avenue at 12-12A Hunter Avenue.

 

Figure 4: Existing dual occupancy dwellings on the eastern side of Clarence Street, Matraville.

 

Matter 2

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

 

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

 

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

 

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

 

·      Comments:

The variation from the floor space ratio standard is not inconsistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow a dual occupancy development, which is consistent with the existing and desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comment:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood. In this instance, there is no public benefit in maintaining the control.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed garden area layout will achieve the objectives of the development standard.

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

7.    Technical Officers Comments

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

7.1      Development Engineer Referral Comments:

 

Landscape Comments

The previous Landscape Report (D01605489) dated 22/11/12, was in the form of an issues paper, and along with other Engineering concerns, explained that as the large and mature Eucalyptus pilularis (Blackbutt) located centrally in the front yard was an established native species that contributed to the local environment, and would also assist in minimising any visual impacts of the development on the street, amendments would need to be made to the plans to ensure its preservation.

 

In response, the applicant submitted an Arboricultural Comment by Jackson's Tree Works dated 12 December 2012, detailing that its removal could be justified due to the presence of epicormic growth, possible internal/structural faults/decay, concerns for the future safety of person and property, and that replacement trees could be provided within the front setback as part of the landscape scheme to compensate for its loss.

 

I subsequently advised the Planner via e-mail on 3/1/13 (D01625818) that while I did not agree that the tree had ‘significant structural issues’, its condition rating was fair, and in recognition of the major re-deigns that would be required to all aspects of the development (given that its TPZ was calculated at a radius of 9.36m), consent could be reluctantly granted for its removal, but only on the basis that the treatment and detail that was shown on the Landscape Plan was significantly upgraded, and importantly, would need to include numerous replacement native trees within the front setback, as this point was heavily relied upon to support removal of the Blackbutt.

 

In accordance with Council’s instructions, the 2nd revision of the Landscape Plan (dated 31.1.13) now shows an increased garden area at the northwest corner of the site, together with a Saw Toothed Banksia (6m mature height), as well as an additional Gum now at the northeast corner, a Red Bloodwood (10m mature height), and as this is now deemed acceptable to Council, conditions in this report allow removal of the Blackbutt, subject to full implementation of the revised Landscape Plan.

 

Consistent with past advice, no objections are raised to removing the remaining vegetation throughout the front setback, being the Gum close to the northeast corner of the house and the two shrubs close to the front boundary, as they are exempt due to their close proximity to the house and their small size respectively.

 

Similarly, the Cinnamomum camphora (Camphor Laurel) located in the rear yard, in the southeast corner of the site, can also be removed as this species is recognised as an environmental weed, which is also in poor condition due to being suppressed by larger trees in this rear area, with the small Gum immediately to its west, also in poor condition, with low prospects of recovery, so must also be removed.

 

To their west, along the rear (southern) boundary, towards the southwest corner of the site, there is a large and mature Eucalyptus botryoides (Bangalay), of 18m in height with a canopy spread of similar dimensions, which extends across the full width of this property, as well as encroaching into 21 Hunter to the west, and 42 & 44 Franklin Street to the south.

 

It is considered a significant example of the species, and is seen to be a desirable native site feature that is worthy of retention, particularly as it is ideally located away from all existing and proposed structures.

 

While the new dwelling will encroach closer than the existing home, all physical works will be setback a distance of at least 7 metres; however, for a tree of this size, its TPZ is roughly 9m, with minor root and canopy pruning likely to be needed at its northern aspect, but as this should pose no major threat, relevant conditions covering these aspects have been included in the report.

 

The trees on neighbouring private properties beyond the southwest corner of the site (identified as Trees 5-9 on the Existing Tree Plan) will not be affected given an absence of any works in this area, with conditions not required.

 

8.    Master Planning Requirements

 

The site has a site area less than 10,000sqm and is not subject to the requirements of Clause 40A of the Randwick Local Environmental Plan 1998 (Consolidation) - Site specific development control plans.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1      SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for additions to a dwelling and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

9.2      Randwick Local Environmental Plan 1998

The proposed development is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

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

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal (as conditioned) is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas and protect the amenity of existing residents.

 

Clause 20B    Minimum allotment sizes

The minimum allotment size for an attached dual occupancy within Zone No 2A is 450 square metres and the allotment must have a frontage of at least 15 metres. The proposal complies with the development standard. The site area is 631.7m2 and the allotment has a frontage of 15.7 metres.

 

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area. The proposed landscaped area is 47% and the proposal is compliant with the clause.

 

Clause 20F   Floor space ratio

The maximum floor space ratio for a building, other than a building erected for the purpose of a dwelling house, within the 2A (Residential A Zone) is 0.5:1 whereas the proposed maximum floor space ratio is 0.62:1.

 

The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection with the application. See further discussion above – Part 6.

 

Clause 20G   Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2A is 9.5 metres measured vertically from any point on ground level and the maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A is 7 metres measured vertically from any point on ground level. The proposed maximum building height is 7.4m and the proposed external maximum wall height is 6.8m. The proposal complies with the clause.

 

Clause 28   Tree preservation orders

Where a tree preservation order is in force, a person must not, on land to which it applies, ringbark, cut down, top, lop, remove, injure or destroy any tree covered by the order without the consent of the Council.

 

Council’s Landscape Technician was opposed to the removal of an existing Eucalyptus sp. Tree within the front setback of the subject site however has agreed to support its removal with the proviso that an amended landscape plan (submitted to Council on 1 February 2013) is implemented. See further discussion above - Part 7.1.

 


9.3    Policy Controls
Parking DCP

The proposed development complies with the preferred solution that a dwelling house with 3 or more bedrooms provides two off-street parking spaces. Both of the dual occupancy dwellings will provide two off-street parking spaces.

 

The proposal includes garages which are to be located at the building line and with two driveways which are proposed to occupy 37% of the site.  Nevertheless, it is considered that the proposal is consistent with the objectives and performance requirements of the DCP, in that the on-site parking and driveways will not be visually obtrusive, will not detract from the appearance of dwellings or the local streetscape and that convenient and safe parking and access will be provided. 

 

9.3.1   DCP for Dwelling Houses and Attached Dual Occupancies

Solar Access and Overshadowing:

The proposed first floor addition will impose additional shadow impact over the surrounding rear yards given their north-south orientation however this overshadowing is considered inevitable given the orientation of the site and would result from any reasonable two storey development on the subject site. It is noted that the proposed dual occupancy dwelling is to be constructed in line with the rear building line of the adjoining dwelling at 25-25A Hunter Avenue to retain a generous rear yard for the occupants of the dwellings. The proposed dual occupancy dwelling it also to be constructed below the maximum wall height at the southern end. These design features will mitigate the overshadowing impact of the works on the rear yards and living areas of the adjoining dwellings.

 

The proposal is consistent with the objectives and performance requirements of the DCP with regard to solar access and overshadowing. Shadow diagrams submitted with the application show that private open spaces on the subject site will receive at least 3 hours sunlight between 9am - 3pm on 21 June and that north-facing windows to living areas will receive at least 3 hours sunlight over at least part of their surface between 9am - 3pm on 21 June. Solar access to existing or future solar collectors on adjacent buildings will be maintained between 9am - 3pm; and the principal outdoor recreation spaces of neighbouring dwellings will also receive at least 3 hours sunlight between 9am- 3pm on 21 June.

 

Height Form and Materials:

The proposed development will be constructed to be less than the maximum height expressed within the Dwelling Houses and Attached Dual Occupancies DCP. The development complies with the preferred solution for external wall heights and does not proposed internal ceiling heights which are excessive. It is considered that the proposed dual occupancy dwelling will make a positive contribution to the streetscape and that it will be commensurate with existing dwellings within close proximity of the site, particularly at 12-12A Hunter Avenue (see Figure 3 above).

 

Furthermore, it is noted that the residential character of the area is in a state of transition; and that larger detached dwellings and dual occupancy dwellings are now an established element within the streetscape (see Figures 3 & 4 above). The design approach which has been taken and the articulation which has been provided to the eastern and wester elevations will ensure that the proposed dual occupancy dwellings will be consistent with existing residential development which is within the immediate locality of the site.

 

Building Setbacks:

The DCP preferred solution for side setbacks at first floor level is 1.5m whereas the application proposes side setbacks to the eastern and western property boundaries of 1.2m. Articulation has been provided to the eastern and western elevations and it is noted that the proposed dual occupancy dwellings to not extend beyond the rear building line of the adjoining dwelling to the east (25-25A Hunter Avenue); that is, further into the rear setback. It is considered that the articulation and length of the proposed dual occupancy dwellings will mitigate the visual bulkiness of the proposed building.

 

Consequently, it is considered that the application is consistent with the objectives and performance requirements of the DCP; given that no unreasonable impacts will result as a result of visual bulk or overshadowing and that neighbouring properties will retain access to sunlight, daylight and fresh air as a result of the proposed works.

 

Visual and Acoustic Privacy:

Windows on the eastern and western elevation at ground floor level will not impose any significant privacy impacts on neighbouring dwellings given that an existing 1.8m dividing fence will form an effective privacy screen.

 

Windows on the eastern elevation at first floor level are generally offset from windows on the western elevation of the neighbouring dwelling at 25-25A Hunter Avenue however it is noted that a proposed hallway window (W13) is not off-set from a neighbouring habitable room window on the western elevation of 25-25A Hunter Avenue (see Figure 5 below). A suitable condition has been recommended that window W13 on the eastern elevation must be constructed using fixed and obscure glazing or that the window is to be constructed as an awning type window using fully obscured glazing.

 

Figure 5: An existing window on the western elevation of the neighbouring dwelling at 25-25A Hunter Avenue.

 

Similarly, windows on the western elevation at first floor level are generally offset from windows on the eastern elevation of the neighbouring dwelling at 21 Hunter Avenue. Bedroom windows on the western elevation at first floor level (W11 & W12) have the capacity to impose significant privacy impacts on the neighbouring dwelling to the west. A suitable condition has therefore been recommended that windows W11 & W12 on the western elevation must be constructed using fixed and obscure glazing to a height of 1.5m above finished floor level.

 

A proposed balcony at the rear of the western dwelling at first floor level will directly overlook the rear yard of the neighbouring dwelling at 21 Hunter Avenue and a condition is recommended that a privacy screen shall be constructed to a height of 1.8m at the western end of the balcony. It is noted that the balcony is modest in size (1.74m x 6.6m) and that the balcony will be accessed from a bedroom; which is typically a low-traffic area of a dwelling. As conditioned, it is considered that the balcony will not impose any significant privacy impacts on adjacent neighbouring dwellings.

 

A proposed balcony at the rear of the eastern dwelling at first floor level will directly overlook the rear yard and pool area of the neighbouring dwelling at 25-25A Hunter Avenue. It is noted that the balcony is substantially larger than the proposed balcony for the western dwelling (3.38m x 6.4m) and that the balcony will be accessed from bedrooms; which are typically low use areas of a dwelling. Nevertheless, a condition is recommended that the balcony is to be reduced in depth so that it measures 1.8m x 6.4m and that a privacy screen shall be constructed to a height of 1.8m for the entire length of the eastern end of the balcony. As conditioned, it is considered that the balcony will not impose any significant privacy impacts on adjacent neighbouring dwellings.

 

Proposed balconies at the northern end of the dual occupancy development at first floor level will overlook the streetscape only and will be suitably separated from existing dwellings on the northern side of Hunter Avenue; such that they will not impose any significant privacy impacts on those neighbouring dwellings to the north.

 

Fences:

The proposed front fence includes a lower solid masonry panel with a height of 1m and a remaining metal panel section which will result in a maximum height of the front fence which ranges from 1.9m at the eastern end to 1.6m at the western end.

 

It is considered that proposed 1.9m maximum fence height will not impose any significant impacts on neighbouring dwellings or the streetscape given that it relates to the topography of the area and that it tapers to 1.6m over the course of the site.

 

The fence is however considered to be inconsistent with the objectives and performance requirements of the DCP with regard to safety; given that more than one third of the fence is proposed to be constructed using solid materials (1m rather than 600mm). A driver reversing a vehicle from within the site would have inadequate vision of pedestrians on the adjacent footpath. A condition is therefore recommended that the fence drawings are to be amended prior to the issue of a construction certificate, to reflect that only the bottom third of the fence is to be constructed using solid materials.

 

9.3.2   Section 94A Contribution DCP

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

$100,001 - $200,000

N/A

N/A

N/A

Development cost > $200,001

$468,000

1%

$4,680.00

 

9.4 Council Policies

No Council policies are relevant to the proposal.

 

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 Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.  See discussion Part 9.2 above.

 

Under the RLEP 2012, the subject site is located within zone R2 Low Density Residential which is consistent with the current 2A zoning of the site. The proposed development is not inconsistent with the relevant objectives, aims and provisions under the Draft RLEP 2012 with respect to the provision of landscaped area and building height and the proposed development is permissible with Council’s consent.

See discussion Part 11 below

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

Nil.

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 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 were received regarding the application.   

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

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

 

 

11.      Randwick Local Environmental Plan 2012 (Draft LEP)

 

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: 2A

 

Is development permitted under zoning? Yes

 

R2

 

Dual occupancy dwelling

 

Yes

Floor Space Ratio (Maximum) 0.5:1

0.5:1

0.63:1

No – see Parts 6 and 9.2

Height of Building (Maximum) 9.5m

9.5m

7.4m

Yes

Lot Size (Minimum) 450m2, 15 m frontage

450m2

631.7m2

Yes

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

·   

N/A

N/A

N/A

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/703/2012 for the demolition of the existing dwelling house and the construction of a new two storey attached dual occupancy including a new front fence and associated site and landscaped works at 23 Hunter Avenue, Matraville, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

DA01 (Revision D)

Archispectrum

7 March 2013

12 March 2013

DA02 (Revision C)

 

BASIX Certificate

No.

Dated

 

453683M

30 October 2012

 

2.       The colours, materials and finishes for the external surface of the building must be consistent with the submitted External Finishes Schedule received by Council on 1 November 2012.

 

Amendment of Plans & Documentation

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

 

a)    To ensure that the proposed hallway window on the eastern elevation at first floor level does not impose any unreasonable privacy impacts on the neighbouring dwelling to the east, window W13 on the eastern elevation must be constructed using fixed and obscure glazing to a height of 1.5m above finished floor level. Alternatively, window W13 may be constructed as an awning type window using fully obscured glazing.

 

b)    To ensure that the proposed bedroom windows on the western elevation at first floor level (W11 & W12) do not impose any unreasonable privacy impacts on the neighbouring dwelling to the west, windows W11 & W12 on the western elevation must be constructed using fixed and obscure glazing to a height of 1.5m above finished floor level.

 

c)    The proposed balcony at the rear of the western dwelling at first floor level must be constructed with a privacy screen to a height of 1.8m along the entire western end of the balcony.

 

d)    The proposed balcony at the rear of the eastern dwelling at first floor level must be constructed with a privacy screen to a height of 1.8m along the entire western end of the balcony. Additionally, the proposed the proposed balcony at the rear of the eastern dwelling at first floor level shall be reduced in depth so that it measures 1.8m x 6.4m. This condition has been included to ensure that the balcony does not impose any significant privacy impacts on the pool area and rear yard of the adjoining dwelling to the east.

 

e)    The privacy screens to the eastern and western ends of the first floor balconies must be constructed using materials which have a total area of openings no greater than 25% of the area of the screen. Alternatively the screens may be constructed from solid obscured glazing or from louvres which are fixed at an angle to prevent direct overlooking.

 

f)     Only the bottom one third of the proposed front fence may be constructed using solid materials.

 

g)    The fence infill panels are on the proposed front fence must be constructed using materials which have a total area of openings no less than 50% of the area of the panels.

 

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

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

 

Security Deposit

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

 

·           $2000.00    -      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

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

 

50mm above the existing council footpath level at all points along the 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 (a construction note on the plans is considered satisfactory). The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

      The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $753.00 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

7.       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.

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.          Roof areas

ii.         Paved areas

iii.        Grassed areas

iv.        Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

New Street Trees

11.     The applicant shall submit a total payment of $214.50 (including GST) being the cost for Council to supply and install 2 x 25 litre street trees, Cupaniopsis anacardioides (Tuckeroo) on the Hunter Avenue verge, being one each in line with both the eastern and western site boundaries.

 

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

 

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

 

Tree Protection Measures

12.     In order to ensure retention of the large and mature Eucalyptus botryoides (Bangalay) located in the rear yard, along the southern boundary, towards the southwest corner in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show its retention, with the position and diameter of both its trunk and canopy in relation to the proposed works needing to be clearly and accurately shown on all drawings.

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear yard must be setback a minimum distance of 4 metres, with all plans needing to demonstrate compliance with this requirement.

 

c.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 4 metres to its north and east (measured off the outside edge of its trunk at ground level), matching up with the western and southern site boundaries, in order to completely enclose this tree for the duration of works.

 

d.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until the common boundary fencing and landscaping works in this area of the site are being undertaken, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

e.       To prevent soil/sediment being washed into the TPZ, and over its root system, erosion control measures shall be provided around the perimeter of the TPZ, with no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble to be placed within or adjacent to the TPZ, with all Site Management Plans needing to acknowledge these requirements.

 

f.        Other than minor re-grading works associated with the proposed landscaping, ground levels within the TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located within the TPZ, and is to remain as undisturbed, deep soil.

 

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

 

Waste Management

13.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

Section 94A Development Contributions

14.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $468,000, the following applicable monetary levy must be paid to Council: $4,680.00.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

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

19.     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.

 

Public Utilities

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

 

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

 

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

 

Home Building Act 1989

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, 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

22.     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) is 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

23.     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

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

 

·           location and construction of protective 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

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

 

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

 

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

·                 Details of hazardous materials (including asbestos)

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

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

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

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

·                 Other relevant details, measures and requirements to be implemented

·                 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 Plan

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

 

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

 

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

 

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

 

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

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

 

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

 

Road/Asset Opening Permit

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

 

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

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

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

 

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

 

            Drainage

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

 

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

 

Tree Management

30.     Approval is granted for removal of the following trees, subject to full implementation of the approved landscape Plan:

 

a)       The Gum in the front setback, close to the northeast corner of the existing dwelling, as well as the two shrubs towards the front boundary, as they are exempt due to their close proximity to the house and their small size respectively;

b)       The Cinnamomum camphora (Camphor Laurel) in the rear yard, in the southeast corner of the site, as this species is recognised as an environmental weed, which is also in poor condition due to being suppressed by larger, more dominant trees in this rear area, with the small Gum immediately to its west, also in poor condition, with low prospects of recovery, so must also be removed.

 

Tree Management

31.     Permission is granted for the minimal and selective pruning of only those lower growing branches from the northern aspect of the Eucalyptus botryoides (Bangalay) located in the rear yard, towards the southwest corner of the site, only where they encroach close to the proposed works and need to be pruned in order to avoid damage to the tree; or; interference with the works.

 

Note: This approval covers the pruning/removal of any dead or dying branches throughout its canopy.

 

32.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III or V 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).

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

 

Demolition Work Requirements

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

 

·                Work Health and Safety Act 2011

·                Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                Australian Standard 2601 (2001) – Demolition of Structures

·                The Protection of the Environment Operations Act 1997

·                Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

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

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

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

·           A Clearance Certificate or Statement, prepared by a suitably qualified person (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

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

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

 

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

 

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

 

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

 

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

 

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

·           when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (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

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

 

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

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

·            as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Site Amenities

44.     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

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

46.     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 concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site.

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

c)     Reconstruct a concrete footpath along the site frontage, if required.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

47.     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.

 

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

 

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

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

Stormwater Drainage

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

Notes:

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

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

 

51.     A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

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

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Landscaping

53.     The 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.

 

54.     The PCA must ensure that landscaping at this site is installed in accordance with the Amended Landscape Plan by Zenith Landscape Designs, dwg no. 13-2652 L01, revision A, dated 31.1.13, and received by Council on 1 February 2013, prior to the issue of a Final Occupation Certificate, with the owner/s to maintain it in a healthy and vigorous state until maturity.

 

Waste Management

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

 

BASIX Requirements

56.     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

57.     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.

 

Council’s Infrastructure & Vehicular Crossings

58.     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.

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

59.     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

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

 

Plant & Equipment

61.     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.

 

Rainwater Tanks

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

 

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

·         before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP15/13

 

 

Subject:                  3 Hay Street, Randwick (DA/748/2012)

Folder No:                   DA/748/2012

Author:                   Wendy Wang, Senior Environmental Planner     

 

Proposal:                     Demolition of existing structures, construction of two storey boarding house with 6 boarding rooms, communal room, one car park space and bicycle/motorcycle space to rear with associated works (SEPP1 Objection to floor space ratio control)

Ward:                      West Ward

Applicant:                Rodney Albert Yannakis & Associates

Owner:                         Mr L Feng and Ms X Guo

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject application is referred to Council for determination as it contains variations to the floor space ratio development standard stipulated in Randwick Local Environmental Plan 1998 (Consolidation) (RLEP) by more than 10%. The applicant has submitted a SEPP 1 objection to development standards to address these non-compliances.

 

The proposal seeks consent to demolish the existing structures on the site and construct a two storey boarding house with 6 boarding rooms, communal room, one car park space and bicycle/motorcycle space to rear with associated works.

 

The application was advertised and notified from 28 November 2012 – 12 December 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans.

 

A total of four (4) submissions and two (2) petitions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to overshadowing, visual and acoustic privacy impacts, vehicular access and safety, inadequate off-street parking facilities, noise, waste, property value, tenure of lodgers, drainage, streetscape character, non compliance with relevant development controls and legislation, inaccurate plans/statements, damage to adjoining sites during construction, increased demands for facilities and heritage impacts. These objections are addressed in section 6 of this report.

 

The subject application is assessed under the provisions of the RLEP 1998 (Consolidation) as it was lodged prior to the coming into force of the RLEP 2012.

 

The site is within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of RLEP and the specific objectives of Residential 2A Zone, in that the development it will not detract from the environmental qualities of the area and will facilitate the provision of affordable housing without compromising the amenity of surrounding dwellings. The proposal will result in a development that has a bulk and scale that is commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

The proposal does not meet the maximum floor space ratio standard as contained in the RLEP. As such, the applicant has submitted a written objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the above breach will not result in significant adverse amenity or visual impacts on the area. This non-compliance with the maximum floor space ratio standard is deemed to be acceptable as the resultant built form is commensurate in bulk and scale with the surrounding residential development. The SEPP No. 1 Objection has been assessed and is supported.

 

The proposal complies with the maximum building height, maximum external wall height and landscaped area standards under the RLEP and the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The proposal satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Therefore the proposal is recommended for approval.

 


2.    The Proposal

 

The original proposed development is for demolition of existing structures and construction of a 2 storey, 6 room boarding house, rear car park space and associated works. Specifically, the following:

 

A boarding house comprising of 6 secure boarding rooms, each provided with its own facilities (bathroom, laundry and kitchen, wardrobe) and those on the ground floor level are provided with an external courtyard area.  The area of each boarding room (exclusive of the private kitchen and bathroom as detailed in SEPP 2009) varies as follows:

 

·      15.84m2 for boarding room 1;

·      15.84m2 for boarding room 2;

·      14.06m2 for boarding room 3;

·      13.32m2 for boarding room 4;

·      12.19m2 for boarding room 5; and

·      12.05m2 for boarding room 6.

 

A 20m2 communal room is located on the ground floor level along with a communal toilet.  The backyard area comprises useable private open space, the car parking, bicycle and motorcycle parking spaces and the bin storage area.

 

Additionally, the applicant advises that a Plan of Management for the proposed boarding house addressing the following: 

 

·      Site management;

·      Accommodation registration;

·      Information for lodgers;

·      Boarder identification;

·      Manager’s responsibilities;

·      Visitors;

·      Complaints;

·      Ongoing maintenance;

·      Waste management;

·      House cleaning;

·      House rules;

·      Room furnishing;

·      Laundry facilities;

·      Public liability insurance;

·      Energy efficiency;

·      Fire safety/certification;

·      Safety and security; and

·      Occupational health and safety requirements.

 

3.    The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 Sec. 2 DP 1221, and is located on the southern side of Hay Street and on the south-eastern corner of Hay Street and Hay Lane and therefore has a secondary frontage to this lane. The site is relatively flat with an imperceptible gentle fall from the northern front boundary to the rear southern boundary. The subject site is rectangular in shape and has eth following dimensions and land area:

 

Boundary

Length

Land area

Western, side boundary to Hay Lane

30.2m

260m2

Eastern, side boundary

30.175m

 

Northern, front boundary to Hay Street

9.145m

 

Southern, rear boundary

8.09m

 

 

At present, the site is occupied by a single storey brick and tiled roof dwelling house with a single car garage access via Hay Lane. The existing house has a front porch and rear decking areas.

 

Adjoining to the east of the site is single storey brick and tiled roof dwelling house at No. 5 Hay Street; to the south is a single storey brick and slate roof dwelling house at No. 1 Maud Street; to the west is Hay Lane and the rear garage and studio structures of dwellings fronting Nos. 115, 117 and 119 Botany Street on the opposite side of this lane; and to the north is Hay Street and one and two storey dwellings on the opposite side of this street.

 

The locality, predominantly, is characterised by low to medium density residential development of one to two storey dwellings on regular allotments interspersed with scattered residential flat buildings.

 

 

Figure 1: Aerial view of the subject site.

 


 

Photographs of the site and surrounds

1. The existing dwelling house on the subject site viewed west in the context of existing two storey developments at 115 Botany Street. 

2. The subject site viewed east in the context of the immediate local area bounded in part by Hay Street and Maud Street with multi storey Prince of Wales Medical Research Institute building under construction in the background.

3. Existing two storey dwellings on the opposite side of Hay Street. 3.

4. Adjoining properties to the east at Nos. 5 and 7 Hay Street

 

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

 

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

Floor space ratio

Pursuant to Clause 20F(1) of RLEP 1998 (Consolidation), the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1.

The proposal has a floor space ratio of 0.65:1 (GFA of 169sqm) and does not comply with the requirement of Clause 20F(1) of the RLEP.

 


4.1    Development standards

The proposal seeks variation to the following control contained in RLEP 1998 (Consolidation):

 

·      Clause 20F(1) 0.5:1 maximum floor space ratio

 

The above provision is a numerical development standard contained in the statutory plan.

 

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

 

4.2    The purpose of the standards

The stated purposes of the standards as outlined in the LEP are: 

 

Maximum FSR:

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

 

4.2      Consistency of the development with the aims of SEPP 1, the local planning objectives for the locality and objects of the Environmental Planning and Assessment Act 1979, as amended

Matter 1

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

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variations to the standard:

 

Floor space ratio

·      Notwithstanding the departure from the FSR development standard, the proposed development is consistent with the objectives of the Residential 2A zone in that it:

·      maintains the character of the area through the provision of two storey built form that reads as a typical modern and contemporary dwelling house when viewed from the surrounding public domain;

·      proposes a specifically permissible residential land use in an area containing residential land uses;

·      maintains a residential land use on an existing residential allotment of land;

·      maintains an appropriate mix of residential land uses in the locality, which enable and/or encourage housing affordability;

·      maintains existing levels of residential amenity for those adjoining dwellings’ and

·      provides low cost accommodation within an area that is well served in terms of amenities, services (including public transport) and facilities.

·      The design of the proposed two storey boarding house is considered to be entirely consistent with the existing and likely future built form character of the surrounding locality (Hay Street in particular) as:

·      the 0.65:1 FSR proposed is the maximum permissible for a dwelling house land use on the site under the guidelines of the Dwelling House and Attached Dual Occupancies Development Control Plan (the DCP).  Therefore the resultant built form is similar to what would be reasonably expected for a typical dwelling house land use on the site.  Furthermore the proposed height and external wall height is well below that technically permitted for both a dwelling house land use and a boarding house land use;

·      Hay Street and its surrounds demonstrates a range of architecture in terms of scale, form, style and detail (including quality) (see above);

·      the demolition of the existing non-contributory dwelling and construction of a new modern and contemporary two storey built form which has a domestic appearance will positively contribute to the streetscape appearance of the site and locality

·      the prevailing character of the local area is single and two storey dwellings set within the context of a consistent subdivision pattern. The height, bulk and scale of the proposed building is similar to or less than that existing within the surrounding locality;

·      the building has a domestic appearance and reads as a typical two storey dwelling house when viewed from the surrounding public domain;

·      the height, bulk and scale and maximum RL of the proposal is comparable to or less than other dwellings;

·      the modern design of the building provides visual interest whilst maintaining a human scale;

·      it maintains consistent front and rear setbacks;

·      it does not cause any material impacts to the adjoining properties or the public domain in respect of overshadowing, visual impact, view loss, aural and visual privacy and access to daylight and ventilation and the like;

·      it maintains landscaped front and year yards;

·      it retains access to a car parking space via Hay Lane;

·      the building is oriented to take advantage of its orientation which permits an appropriate presentation to Hay Street and Hay Lane;

·      it has no identifiable impact on the significance of the adjacent heritage item.  Furthermore it doesn’t try and mimic the design of the heritage item;

·      it retains side access pathways;

·      high quality and durable external materials and finishes are proposed which will positively add to the built form character of the surrounding locality; and

·      the proposed built form and land use does not preclude the appropriate redevelopment of all adjacent and adjoining properties.

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

·      the proposed FSR is similar to or if not less than other existing development within the surrounding locality;

·      the proposal complies with the remaining key density controls of height, external wall height and landscaped area;

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

·      the proposed built form positively responds to the site’s locational characteristics without adversely impacting on existing adjoining and adjacent properties or the surrounding public domain; and

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

 

Assessment Officer Comments: It is considered that the proposal is satisfactory and compliance with the purpose of the development standard is unreasonable and unnecessary based on the following reasons:

 

·      The proposed development adopts a reasonably modest scale which is consistent with the bulk, dimensions and setbacks of a standard double storey dwelling house. As such, it is not considered to be excessive and can be accommodated on the site.

·      Surrounding buildings are of a similar bulk and scale to the proposal and the development is consistent with surrounding built forms and will not result in excessive building bulk on the street.

·      Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 0.5:1.

·      An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc. As discussed in this report and the applicant’s SEPP 1 objection the FSR non-compliance will not result in unreasonable overshadowing, view loss or privacy impacts. The design of the building is acceptable in minimising its visual bulk.

·      The improved and continued use of the site for affordable housing purposes is consistent with the objectives of the 2A zoning of the site. The proposal has a density which is consistent with that of the nearby properties and as envisaged by the surrounding 2A zone.

·      The building is reasonably modulated such that the overall building mass is broken down and combined with the orientation of the site, will continue to ensure reasonable solar access is maintained to adjoining development.

·      It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying and stated purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity, and height. It is considered that SEPP 1 objection is well founded and should be supported.

·      The development will not be visually intrusive or form a dominant element in the streetscape.

 

(a) Conclusion

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

 

Matter 2

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

 

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

 

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

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

 

The variations from the FSR standard is not inconsistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will allow for suitable development which is both commensurate with the surrounding bulk and scale of buildings, as well as the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comments:

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not allow the best economic use of the site and the delivery of a suitably proposal to improve the existing residential development in an established neighbourhood.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purposes of the FSR, landscaped area, and maximum external wall height standards. 

 

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed FSR, landscaped area, and maximum external wall height provision will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale is compatible with the surrounding residential premises and represents a suitable development for the zone.

 

Fourth

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

 

Comments:

The FSR, landscaped area, and maximum external wall height development standards have not been abandoned or discarded by any decision or actions of Council.

 

Each development application received by Council is assessed with regard to its merits. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

 

Fifth

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

 

Comments:

The existing Residential 2C Zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, has maintained the 2C zoning for the site.

 

5.    Site History

DA/892/2011 – refused 9 July 2012 for the following reasons: 

 

1.     The proposal fails to qualify as a development to which the relevant section of the SEPP – Affordable Housing applies, that is, Division 3 Boarding houses, in that the subject site is not located within an “accessible area” defined in the SEPP.

2.     The proposal does not satisfy the objectives for Zone No. 2A under Clause  10(1)(b) and (c), in that the proposal will have detrimental waste odour impacts and potential noise impacts on adjoining properties.

3.     The proposal has not incorporated adequate measures to minimise impacts on the acoustic privacy of adjoining and nearby residential properties. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

4.     The proposal does not satisfy the provisions of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

5.     The documentation submitted with the application is deficient of information and details relating to acoustic assessment, and the adequacy of the proposed management company in managing the proposed boarding house given the lack of a live-in, on-site boarding house manager. 

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

 

It is noted that the most significant reason for refusal of the application was the applicability of the SEPP (Affordable Rental Housing) 2009. DA/892/2011 was lodged pursuant to the provisions of Division 3 – Boarding houses of the SEPP (Affordable Rental Housing) 2009 on 18 July 2011 after amendments to the SEPP were made on 20 May 2011.

 

In order to be considered against the provisions of Division 3, the subject site must be located within an “accessible area” defined in the SEPP as, among other things, “land that is within 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990 that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday”.

 

In support of a claim for consideration under the relevant provisions of Division 3, the applicant provided details of nearby bus stops and bus services to indicate that the subject site meets the definition of accessible area. Detailed assessment of the information revealed that the subject site was not located within 400m of a bus stop that serves a regular bus service within the meaning of the Passenger Transport Act 1990, and therefore did not qualify to be considered under the provisions of Division 3 of the SEPP Affordable Housing. 

 

The proposal was therefore not considered to be qualified as a development to which the relevant section of the SEPP – Affordable Housing (that is, Division 3 Boarding houses) applies. As such, no assessment of the applicant’s claim to compliance with the relevant provisions under the SEPP could be made.

 

Therefore, the subject proposal has not been lodged pursuant to the provisions of State Environmental Planning Policy 2009 (Affordable Rental Housing) as the site is not located within an accessible area. The current application has been lodged pursuant to the provisions of RLEP, under which a boarding house is a permissible development within a Residential 2A zone subject to Council consent.

 

The subject application represents negligible physical variation to the previous proposal. Additional supplementary information accompanying the subject proposal is considered to be adequate in addressing reasons for refusal 2 through to 6.

 

6.    Community Consultation

The application was advertised and notified from 28 November 2012 – 12 December 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of three (3) submissions and two (2) petitions were received at the conclusion of the public consultation process:

 

-  15 Hay St, RANDWICK

-  1 Maud St, RANDWICK

-  5 Hay St, RANDWICK

 

In summary, the objections raise the following issues (the issues have been grouped to avoid repetition):

 

·      Inconsistent with the character of existing development in Hay Street and the local area.

Boarding house is a permissible use within Residential 2A zones under RLEP 1998 (Consolidation). The land use and the general architectural expression of the development are not considered to be incompatible with the residential character of the locality.

 

·      Fails to meet the access to public transport criteria in SEPP (Affordable Rental Housing) 2009 namely that the proposal must be within 400m walking distance of a bus stop used regularly between 6am and 9pm Monday to Friday, and 8am to 6pm weekends.

The subject proposal has not been lodged pursuant to the provisions of State Environmental Planning Policy 2009 (Affordable Rental Housing) as the site is not located within an accessible area. As such the proposal is not a development to which the boarding house provision of the SEPP can apply and is not required to meet its requirements for accessibility. The current application is therefore not subject to the requirements under the SEPP and has been lodged pursuant to the provisions of RLEP as a boarding house, which is a permissible development within a Residential 2A zone subject to Council consent.

 

·      Lack of car parking and adverse implications for street parking

Council’s development Engineers have assessed the application and no objections have been raised on parking or traffic grounds. The proposed parking arrangement complies with the DCP – Parking. Refer to the sections 7.1 and 8.3 of this report for detailed discussion.

 

·      High density room sharing exceeding documented maximum per room

The applicant’s plan of management indicates that each boarding room is proposed for single occupier as indicated in the Plan of Management. Whilst it remains a possibility that there may be spontaneous overnight stay of guests without authorisation from the management, the provision of a single bed (to be specified by consent condition) in each room will effectively minimise unauthorised stay of guests.

 

·      Tenure of lodgers – does not specify minimum stay of 3 months

The regulations governing the establishment and operation of boarding house developments applicable to the subject proposal do not stipulate a minimum tenure for, nor the type of person to be, a boarder.

 

The RLEP 2012, however, defines boarding houses as a building that: -

 

(a)  is wholly or partly let in lodgings, and

(b)  provides lodgers with a principal place of residence for 3 months or more, and

(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

 

As the subject application was lodged prior to the coming into force of the RLEP 2012 on 15 February 2013, the provisions of the RLEP 2012 do not apply and the current proposal is assessed under the provisions of the RLEP 1998 (Consolidation), which does not stipulate a minimum tenure for boarding house tenants.

 

Notwithstanding this, the applicant has advised that the proposed boarding house will be used for student accommodation which entails a degree of permanency of tenure rather than transient occupants. This advice is considered reasonable given its proximity to the University of NSW and Prince of Wales Hospital Campus.

 

·      Loss of solar access and views to No. 5 Hay Street 

The shadow diagrams indicate that no overshadowing of the dwelling house at No. 5 Hay Street will occur in the Winter solstice morning. Only the west facing wall of the adjoining property at No. 5 Hay Street will be overshadowed by the proposal in the winter afternoon. However, this wall is already largely overshadowed by the existing dwelling house such that the increase in overshadowing to the windows in the west elevation under the proposal will be minimal. While there will be loss of both solar and natural light to the west elevation of No 5 Hay Street, the living room windows of this adjoining property which faces north will continue to receive sunlight in mid-winter unimpeded by the proposed development.

 

There are views of the sky obtained across the western boundary of No. 5 Hay Street (over the side of the subject site) and northern views of Hay Street (unaffected by the proposal). This view as defined in the planning principle for view loss assessment is not considered to be scenic in nature or highly significant. Therefore, it does not warrant any detailed view loss assessment and will not be unreasonably impacted upon by the proposed building. 

 

The proposal will result in a built form which relates compatibly with those in the surrounding streetscape with acceptable impacts in terms of overshadowing and views.

 

·      Inadequate number, and inappropriate location of, waste storage bins

The submitted plans indicate the provision of 5 x 240L bins in response to issues raised by Council’s Development Engineer in the assessment of the provision application. This now complies with Council’s minimum requirements. The bins are proposed to be located at the rear of the site adjacent to the carspace. This is considered to be acceptable in terms of safe access, hygiene and odour.

 

·      No on-site manager

This is a requirement under the SEPP (Affordable Rental Housing) 2009 for boarding houses with 20 or more lodgers to have an on-site manager. The provisions of the SEPP do not apply to this application as discussed in section 5 of this report. In any case, the current application proposes 6 boarding rooms with a maximum of 1 boarder per room and is not required to have an on site manager.

 

·      Noise from boarders, rainwater tank and air-conditioning system

An acoustic report has been submitted with the application and referred to Council’s Environmental Health Officers for comment. No objections have been raised and a suitable condition has been included with this consent requiring an additional acoustic report to be submitted to the satisfaction of Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations). The assessment and report is required to include all relevant fixed and operational noise sources.

 

·      Light spill into adjoining property including No 5 Hay Street

The intensity and duration of lighting internally within the proposed boarding house is a matter for future residents to exercise and regulate. Any nuisance that may arise from internal lighting can be addressed as a compliance issue and does not constitute grounds for refusing the proposed development. In regards to any outdoor lighting, a standard condition will be applied requiring that lighting to the premises shall be designed in accordance with AS4282 – 1997 “Control of the Obtrusive Effects of  Outdoor Lighting" so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

·      Overlooking

Refer to section 9.2 of this report for detailed assessment.


 

·      Devaluation of property

No evidence has been submitted to support this claim and ultimately changes in property value are not a matter for consideration under Section 79C of the EP&A Act 1979.

 

·      Increase demand in local community facilities and services

Suitable conditions of consent have been included address provision of facilities and infrastructure to accommodate the proposed development and future occupants of the site. A Section 94 contribution applies should development approval be granted.

 

·      Inadequate Plan of Management

The proposal has been accompanied by a Plan of Management dated 8 November 2012 and received by Council on 16 November 2012. The POM has been assessed and deemed to be acceptable in addressing the future operation of the boarding house.

 

·      Boarders not right people to be in Hay Street which is family oriented

Boarding houses are permissible in Residential 2A zones and where appropriate should be considered in the overall residential mix especially as a valuable form of affordable housing. There is, and can be, no prohibition on residents of any particular socioeconomic status as tenants in a boarding house in Residential 2A zones, and therefore they have as much right to live in the zoning and in the subject street. However, appropriate adherence to applicable boarding house controls combined with safeguards and controls to protect local residential amenity must be met.   

 

·      Inadequate landscape plan

·      Objects to the removal of major trees on the site

The proposal has been referred to Council’s Landscape Engineer for comment, no objections have been raised and suitable conditions have been included to address matters regarding tree retention, preservation and landscaping provision.

 

·      Impacts to nearby heritage items

Refer to section 7.3 for detailed discussion.

 

·      Inaccurate and misleading statements in the accompanying documentation

Council officers have undertaken their own analysis of the site and application and have not relied solely upon the information provided by the applicant in the assessment of the application.

 

·      Concerns regarding stormwater drainage and runoff

Relevant conditions of consent have been included in this report to address drainage issues and ensure that the proposal does not compromise the amenity of the subject site and surrounding properties/residents. 

 

·      Noise, dust and vibrations during construction

·      Damage to adjoining structures during excavation and construction

·      No reference to asbestos removal measures (no asbestos survey)

Standard conditions are applied to ensure that construction work on the subject site will not result in adverse impacts to the health and amenity of residents in the surrounding dwellings. Works are subject to compliance with the Building Code of Australia and other policies with regard to construction noise, hours, waste management and minimising dust and debris.

 

·      The existing crossover in Hay Lane is not being reused and that the car space is to be re-located towards the rear (south). Removal of the Mulberry tree creates a notch in the laneway fence line. This will provide enough space for illegal car-parking (parallel to lane - which is already happening), compromise the safety of the rear of No.1 Maud Street and encourage loitering.

New boundary fencing and planting along Hay Lane is proposed as part of the current application. There will not be a gap in the existing fence.

 

It is noted one (1) submission (in addition to the three mentioned above) was received making reference to a number of alleged inaccuracies/discrepancies with the plans and accompanying documentation. These matters are addressed briefly below (issues which have already been addressed above have not been included in the discussion below to avoid repetition): - 

 

·      The notification plans are outdated and reflect revision A and not revision C, which forms the subject of the current assessment. It is noted that the online notification plans have been superseded by Rev C which is available in the DA/748/12 file at the Customer Service Centre and was reviewed by the objector.

The current plans (Revision C) detail the following changes which were requested at the assessment stage of the previous application (DA/892/2011): -

·      The extent of glazing on the western elevation of the proposed building has been reduced with the creation of high sill windows with obscure glazing for sun-shading and privacy on both ground and first floor levels.

·      Increase in the sill height of windows (W9 and W10) at the first floor level on the north elevation facing the street

·      Increase in stack stone design feature to the north elevation taking the stone feature to the new high sill window height

·      Deletion of individual access gates to boarding rooms along Hay Street and provision of designated central access point at the proposed developments’ Hay Street frontage. This eliminates the safety risk associated with multiple access points onto an already narrow lane (ie., Hay Lane) with a pre-existing deficient pedestrian walkway.

·      Provision of a solid balustrade to the west facing balcony of boarding room 6 on the first floor to minimise loss of privacy to adjacent properties to the west and north.

·      Realignment of proposed rear car space with single splayed corner to provide adequate vehicular access in accordance with swept path requirements of B-85 design template.

These modifications, as included within the Revision C drawings, are considered to represent minor changes from the Revision A plans.

The building bulk, height, scale, number of boarders, overlooking conditions and a number of other critical features to the proposal have not been altered as a result of the plan amendments. Conversely, reduction in glazed areas, provision of solid balustrades to the west facing balcony, and deletion of individual access to boarding rooms assist in minimising the impact of the proposal in terms of potential overlooking and safety.

The scope of changes as outlined above did not result in any material change to the nature of the proposal and therefore renotification was not required. The plans have, however, been updated on Council’s website to reflect the most recent Revision C drawings.

 

·      Stormwater drainage plans have not been updated since the previous DA.

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

 

·      “Ground Floor Plan”, Drg No: 02, Rev A: The total of dimensions given along the western (Hay Lane) side of the Plan (19.20m+8.30m) and 3.00m setback from the front boundary = 30.50m, appears to be inconsistent with the site dimension 30.20m as per “Survey Plan”. Accordingly, the dimensions need to be corrected and the drawing amended.

The applicant has submitted revised drawings to correct this discrepancy (amended ground floor plan received on 7 March 2013).

 

·      The POM and waste management plan have not been publicly notified online.

The POM is not considered to be within Council’s list of standard notification documents for the website. As such, the POM was not made available on Council’s website. However, the full set of plans and accompanying documentation was made available to any interested parties at the Customer Service Centre during the notification period.

 

A waste management plan will be required to be approved by council’s Waste Coordinator prior to the issuing of a construction certificate. This requirement has been included as a condition of consent.

 

·      The Developer has not provided a sewerage plan. This may be necessary in order to assess the effect of proposed sewerage lines on the common sewer that runs through the backyards of 3, 5, and 7 Hay Street properties.

This information is not required at DA stage. Appropriate conditions of consent have been imposed.

 

·      The notification period should be extended into the new year as it is difficult for residents who wish to object to engage consultants over the holiday period.

Council notification and advertising is suspended over the Christmas/new year period for the purpose of allowing residents ample time to receive and respond to any public notification development proposals. The subject application was lodged on 16 November 2013 and notified from 28 November 2012 – 12 December 2012.

 

The last date an application is required to be lodged in order to be advertised and notified before Christmas is 23 November 2012. The notification period is therefore not required to be extended.

 

7.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

7.1      Development Engineers

The application was referred to Council’s Development Engineers for comment. No objections were raised subject to conditions with any approval. The following comments were made:

 

An application has been received the demolition of existing structures, construction of two storey boarding house with 6 boarding rooms, communal room, one car park space and bicycle/motorcycle space to rear with associated works (SEPP1 Objection to floor space ratio control).

 

This report is based on the following plans and documentation:

·      Architectural Plans by Rodney Albert Yannakis & Associates  dated 30th September 2011;

·      Statement of Environmental Effects by Lockrey Planning & Development Solutions Pty Ltd.

·      Detail & Level Survey dated 11th October 2011.

 

Parking Provision Comments

Car Parking

It is noted that the application has not been submitted under the SEPP (Affordable Housing) 2009 hence parking has been assessed as per the rates provided in Council’s DCP Parking.

 

Council’s DCP-Parking states that parking for boarding houses be provided at the rate of 1 space per 10 bedroom plus 1 per resident caretaker.

As the proposed boarding house does not require a caretaker the number of parking spaces required will be 0.6 x 10 =  0.6 = say 1 space,

 

It is proposed to provide 1 carspace, 1 motorbike space and 1 bicycle space and hence the development complies with the DCP-Parking requirements. It is noted however that the motorbike space is non-compliant with AS2890.1:2004 which requires minimum dimensions of 1.2m x 2.5m. The motorbike space shall therefore be amended to comply with these dimensions or be deleted from the application as it is not required under Council’s DCP-Parking.

 

It is also noted that sweeping paths have been submitted demonstrating satisfactory vehicular access into the carspace.

 

Civil Work Comments

A new kerb and gutter along the eastern side of Hay lane adjacent to the site will not be required since this may significantly reduce the trafficable width in Hay Lane.  Hay Lane is only 4.57m (15ft) wide and any reduction in trafficable may significantly impact on car manoeuvrability.

 

The applicant shall only be responsible for the construction of a new concrete/asphalt crossing opposite the car and motorbike entrance to the site and the repair of any damage to the roadway.

 

Drainage Comments

 

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

 

Waste Management Comments

The plans indicate provision for 5 x 240L bins. This now complies with Council’s minimum requirements. A waste management plan will be required to be approved by council’s Waste Coordinator prior to the issuing of a construction certificate.

 

Landscape Comments

Consistent with advice provided for the pre-lodgement in 2011, approval is given for removal the semi-mature Cupressus macrocarpa ‘Brunniana’ (Brunnings Cypress) located centrally in the front yard, given its inappropriate location close to the existing dwelling and proposed works, as well as its pronounced lean to the east, with the narrow garden shown across the front boundary to contain several replacement native shrubs and trees.

 

The Photinia hedge that has been planted in the Hay Lane road reserve, along the western edge of the existing dwelling, was installed by the owner not Council, presumably for privacy and similar, and will need to be removed, wholly at their cost, as part of the works, so as to maximise the width of the carriageway for both vehicles and pedestrians.

 

The Morus nigra (Mulberry) located in the rear yard, in the southwest corner, is an environmental weed, so must be removed as part of the works.

 

Beyond the southwest corner of the subject site, in the rear yard of the adjoining property at 1 Maud Street, close to the common boundary, there is a mature Jacaranda mimosifolia (Jacaranda) whose western aspect overhangs the full width of Hay Lane, and also partially encroaches into the subject site.

 

The plans show that a dedicated car space will be provided in this area, which is currently sealed with pebble-crete, with the only conditions required being those which allow the selective pruning of those lower growing branches where needed so as to avoid damage to the tree; or; interference with the works.

 

Recommendation:

Should the approval be granted to the application, the appropriate nominated conditions should be included in the development consent.

 

7.2      Manager environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment.  No objections were raised subject to conditions with any approval.

 

7.3      Heritage Planner

The application was referred to Counci8l’s Heritage Planner for comment. No objections were raised and the following comments provided: -

 

Heritage Comments

The subject site is located to the south west of 'Cotswold' at no.4 Hay Street, listed as a heritage item under the RLEP 1998 (Consolidation).  The proposed two storey building will be generally compatible with the one and two storey scale of surrounding development.  The proposed building has a mixed design character which will not be inconsistent with the streetscape.  Given its separation from the heritage item on the opposite side of Hay Street, the proposed building will not detract from the streetscape setting of the heritage item and views to and from it.

 

8.      Statutory Instruments and Controls

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

 

·      Randwick Local Environmental Plan 1998 (Consolidation)

·      State Environmental Planning Policy 1 – Development Standards (SEPP 1)

·      Development Control Plan  – Parking

 

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

 


8.1      Randwick Local Environmental Plan 1998 (Consolidation)

The proposal is consistent with the general 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.

 

Clause 12 – Zone No 2A (Residential 2A Zone)

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposed development is defined as “boarding house” and is a permissible use in the zone, subject to Council’s consent. The zoning objectives stipulated under Clause 10(1) are addressed as follows:

 

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

Comments:

The built form, architectural style and landscaped area provision of the boarding house are similar to other dwellings in the locality. The physical appearance of the development and the number of boarding rooms proposed are considered to be compatible with the low density residential character of the area.

 

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

The built form, architectural style and landscaped area provision of the boarding house are similar to other dwellings in the locality. The boarding house maintains the character of the area through the provision of built for and scale which reads as a contemporary dwelling house when viewed from the surrounding street.

 

The proposal further provides for a permissible residential land use in an area already characterised by residential uses whilst maintaining reasonable levels of amenity for surrounding development.

 

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

The proposal has not submitted adequate and sufficient information to enable assessment of the expected shadow impacts on the adjoining residential properties. The location of the communal living room and outdoor recreation area is likely to cause detrimental noise impacts on the neighbours. Therefore, the proposal in its current form is not considered to reasonably protect the amenity of existing residents.

 

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

Comments:

Not applicable.

 

(e)    to encourage housing affordability, and

Comments:

The proposed boarding house is a form of low cost rental accommodation and will contribute to housing affordability in the locality.

 

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

Comments:

Not applicable.

 

The following clauses of the LEP are relevant to the proposed development:

Clause 20E    Landscaped Area,

Clause 20F    Floor Space Ratios

Clause 20G    Building Heights

 

Clauses 20E, 20F and 20G of the LEP relating to landscaped area, floor space ratio and building heights respectively strictly apply to development other than a dwelling house in a Residential 2A zone. A comparison between the proposal and the aforementioned development standards is provided below as these controls would apply to residential developments within the adjoining 2A zoned land:

 

Clause

Requirement

Proposal

Complies

20E Landscaped area

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

43% (112m2, of which 89.5m2 is soft landscaping)

Yes

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

All landscaped areas are provided on deep soil

Yes

20F Floor space ratio

(1) Maximum 0.5:1 in 2A Zone

0.65:1 (169m2 GFA)

No

20G Building heights

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

6.98m

Yes

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

5.68m

Yes

 

The subject site is not located within a heritage conservation area. Non-compliance with LEP controls have been discussed in detail under section 4 of this report.

 

Clause 34 Boarding Houses

This clause applies to a building or place that is used for the purpose of a boarding house and includes any vacant building or part of a building that, when last used or occupied, was used or occupied as a boarding house.

 

As the proposal seeks to establish a boarding house on a site where one was not previously present, the provisions of this clause do not apply.  

 

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

The development application is accompanied with a BASIX Certificate. The commitments listed in the certificate can be implemented by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

8.3 Development Control Plan – Parking

The SEPP (Affordable Rental Housing) does not apply to the proposal. Therefore, the parking requirements in the DCP apply to the development scheme.

 

1 space per 10 bedrooms plus 1 per resident caretaker

 

There are 6 boarding rooms and no resident caretaker is provided. Under the DCP, a total of 1 car space is required. It is proposed to provide 1 carspace, 1 motorbike space and 1 bicycle space and hence the development complies with the DCP-Parking requirements. It is also noted that sweeping paths have been submitted demonstrating satisfactory vehicular access into the carspace.

 


8.4 Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$500,000

 

1%

$5000.00

 

9.    Environmental Assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

Not applicable.

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

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

 

It is noted that the assessment of this application is guided by the City of Sydney Boarding Houses Development Control Plan 2004 (DCP).

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

No applicable. 

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

Appropriate standard conditions can be applied to address the relevant clauses of the Environmental Planning and Assessment Regulation 2000.  

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 that are otherwise not assessed within this table are addressed within the body of this report.

 

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

The site is zoned Residential 2A in which boarding house uses are permissible.

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 within the body of this report.

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

9.1      Built form

The proposal has a maximum permissible FSR of 0.65:1 which does not comply with the RLEP development standard. Notwithstanding this, the proposed two-storey bulk and scale does not appear to be out of character or inconsistent with that of existing residential development in the neighbourhood.

9.2      Visual and acoustic privacy

Privacy impacts are addressed by the following measures:

·      Adequate separation distances to western and northern properties being separated by Hay Lane and Hay Street, respectively.

·      Use of solid brick wall topped with 500mm obscure glass along the western verandahs of the ground floor boarding rooms 1, 2 and 3.

·      The provision of opaque / obscure glass balconies to upper level boarding room 6.

·      Provision of high sill windows adjoining the internal staircase.

 

Any potential overlooking is minimised by the following:

·      There is a separation distance in excess of 15m between the rear yard of No. 1 Maud Street and the upper floor boarding rooms 5 and 6 which readily complies with the minimum separation distance of 9m stipulated in the Council’s DCP – Dwelling Houses and Attached Dual Occupancies. 

·      There are no windows proposed in the south elevation of the upper floor of the proposed boarding house. However, it is recommended that operable highlight windows be provided to both the first and ground floor southern elevations to improve cross ventilation for the rooms. The highlight windows will not give rise to unreasonable overlooking impacts to adjoining properties.

·      The objector’s claim that overlooking of their rear yard from the east facing windows of boarding room 5 is physically improbable and therefore unsustainable and unreasonable.

·      A condition will be applied requiring privacy screens along the southern edge of the east-facing upper floor balcony of boarding room 6.

 

The current application has been accompanied by an Acoustic Assessment Report prepared by Acoustic Logic dated 31 October 2012, Ref no. 20121005.1 and received by Council on 16 November 2012. The report outlines various noise emission goals and carries out a potential noise impact assessment of the proposed development.   This report has been reviewed by Council’s Environmental Health Officer and deemed to be acceptable subject to the imposition of various conditions of consent relating to the operation, noise emission management and plant/mechanical equipment. 

 

Further, a report, prepared by a suitably qualified and experienced consultant in acoustics, is required to be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources.

 

9.3      Overshadowing

Shadow diagrams submitted indicate that at 9am in the winter solstice, overshadowing will be occur to the side laneway; Hay Lane, and the abutting existing two-storey garages and studio buildings on the opposite side of this lane way forming rear outbuildings to part Nos. 117 and 119 Botany Street. By 12 mid-day, the proposed overshadowing will shift predominantly onto the rear yard of the subject site. By 3:00 pm. Overall the overshadowing impact of the proposed addition is considered reasonable and acceptable in view of the north-south orientation of the subject site as well as those of the adjoining properties at Nos. 5 and 7 Hay Street.

 

The proposal will not reduce solar access to any existing north-facing windows or open spaces of adjoining properties to less than 3 hours on the winter solstice. Given the orientation of the site and the modest height of the proposal, the development will have acceptable impacts on existing residential properties to the east and west of the subject site. It is considered that the proposal will not generate any significant shadow impacts on the adjoining and nearby residential developments.

 

9.4      Operation and management

The proposal was accompanied by an operation and management plan that specifies manager duties, house rules (including noise minimisation rules), apartment contents, fire safety, a complaints telephone number and rubbish disposal. The POM has been assessed and is deemed to be satisfactory. A suitable condition of consent has been included within the recommendations to ensure that the operation of the boarding house is in accordance with this plan to protect the amenity of future lodgers as well as residents in the surrounding area.

 

9.5      Fencing

The development proposes a 1.2m timber paling fence to the front boundary and 1.7m high side fencing along the western (Hay Lane) boundary. This is considered to maintain satisfactory casual surveillance for the public domain.

 

9.6      Unit sizes, facilities and internal amenity

The proposal is considered to provide suitable internal amenity for the occupants based on the following reasons:

 

·      Each accommodation unit is self-contained with a private bathroom, kitchenette and laundry facilities.

·      All units are catered for a maximum of 1 occupant and the bedroom areas have sufficient dimensions for proper furniture arrangement. 

·      The kitchenette is designed to contain storage shelves and cupboards, a stove top and a bar fridge. It has sufficient space for the temporary storage of waste materials.

·      Each unit has access to a small balcony or terrace, which allows passive outdoor recreation with the exception of room 5. All boarding rooms have access to a common room with ample access to northern light and cross ventilation.  

·      The common room is provided at ground floor level, which enables interactions between residents.

·      A communal landscaped area is provided in the rear of the site, conveniently accessible by all residents of the boarding house.

·      The submitted Plan of Management has specified the minimum furnishing requirements for the accommodation units. A specific condition is recommended to ensure these requirements are adhered to during the operation phase of the development.

·      Ventilated skylights are required to be installed to enable natural lighting and ventilation of the top floor internalised bathrooms (rooms 1 and 2). This has been included within the conditions of consent.

 

9.7        Safety and security

The proposed buildings will maintain adequate casual surveillance of the public domain and the communal open space within the site. One entry will be available to the site via Hay Street which will ensure adequate access control for the site.

 

9.8      Access for people with disabilities

Access and facilities for people with disabilities is not required under the provisions of the Building Code of Australia as it is a class 1b building.

 

9.9      Ecological sustainable development

All of the proposed units are provided with windows of reasonable dimensions (with reduced glazing along the western elevation, in particular, at the upper floor) and the layout is considered to be acceptable in terms of adequate setbacks and location of windows. The units are considered to enjoy a satisfactory level of ambient daylight. 

 

Some proposed boarding rooms have potential for dual aspect window openings (rooms 3, 5 and 6). It has been recommended by way of a condition of consent that operable highlight windows be provided to both the first and ground floor southern elevations to improve cross ventilation for the rooms. The highlight windows will not give rise to unreasonable overlooking impacts to adjoining properties. Subject to compliance with relevant conditions of consent, it is considered that a satisfactory level of natural ventilation can be achieved.

 

The western elevation incorporates covered balconies, awnings to ground floor openings and highlight windows where necessary to minimise heat loading and allow for a degree of shading against the afternoon sun.

Specific conditions will be recommended to ensure compliance with the commitments listed on the BASIX certificate.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal generally accords with objective (e) of the Residential 2A zone which is to encourage housing affordability and has established a case to indicate that the proposal would adequately maintain the desirable attributes of established residential areas, and to protect the amenity of existing residents in terms of noise and waste odour. The application is therefore recommended for approval subject to the attached conditions of consent.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/748/2012 for the demolition of existing structures and construction of a new two storey boarding house with 6 boarding rooms, communal room, one car park space and bicycle/motorcycle space to rear with associated works (SEPP1 Objection to floor space ratio control), at 3 Hay Street, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev

Drawn by

Dated

Received

00 - Site plan

C

Rodney Albert Yannakis and Associates

16/11/12

16/11/12

01 -Site analysis

B

16/11/12

16/11/12

02 - Ground floor

B

7/3/13

7/3/13

03 - First floor

C

16/11/12

16/11/12

04 - Elevations/sections

C

16/11/12

16/11/12

05 - Student room 01

B

16/11/12

16/11/12

06 - Student room 02

B

16/11/12

16/11/12

07 - Student room 03

B

16/11/12

16/11/12

08 - Student room 04

B

16/11/12

16/11/12

09 - Student room 05

B

16/11/12

16/11/12

10 - Student room 06

B

16/11/12

16/11/12

 

BASIX Certificate No.

Dated

Received

402926S_02

14 November 2012

16 November 2012

 

Amendment of Plans & Documentation

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

 

a.   A privacy screen having a height 1.8m above floor level must be provided to the entire southern edge of the east-facing upper floor balcony of boarding room 6. The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

b.   Operable highlight windows must be provided to the south facing elevations of boarding rooms 3, 5 and 6. These windows must have a minimum sill height of 1.5m above floor level. Alternatively, the windows may have a lower sill height and be fixed with obscure glazing below the specified height of 1.5m above the finished floor level.

c.   Ventilated skylights must be provided to the internalised bathrooms or boarding rooms 1 and 2.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and surface finishes to the development must be consistent with the “External Colour Scheme” and undated photomontage received by Council on 16 November 2012, as well as with the relevant plans and documentation provided with the development application.

 

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 $500,000, the following applicable monetary levy must be paid to Council: $5000.00

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

      

  Hay Lane Frontage

·       50 mm above the edge of the bitumen at all points opposite, along the full site frontage.

 

 Hay Street  Frontage

·       20mm above the back of the existing footpath at all points opposite, along the full site frontage.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/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.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $439 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Parking

10.     Plans submitted for the construction certificate shall demonstrate compliance with the following requirements in regards to parking to the satisfaction of the certifying authority;

 

a)   The gradient of the internal carspace must not exceed a grade of 1 in 20 (5%) and the levels of the carspace/driveway must match the alignment levels at the property boundary (as specified by Council).

b)   The width of the carspace shall be minimum 3.0m wide with adequate provision made for entry/exit sweeping paths at the Hay Lane interface.

c)   The motorbike space does not comply with AS 2890.1:2004 in regards to satisfactory access and size and therefore must be relocated and enlarged to a minimum of 2.5m long x 1.2m wide while not restricting access into the carspace. Alternatively it may be deleted as it is not required under Council’s DCP-Parking.

 

Sydney Water

11.     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

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

 

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

 

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

 

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

 

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

 

i.     Directly to the kerb and gutter or drainage system located at the front of the subject site in Hay Street. or

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

iii.   Directly into Council’s underground drainage system located in Hay Lane via a new junction pit.

 

c)     Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 5  year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

o)     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.

 

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

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

 

BASIX Requirements

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

 

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

 

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

 

Site stability and construction work

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

 

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

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

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

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

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

 

Waste  Management

17.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management of the boarding house including collection, storage and removal of waste and recycling of materials.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

Public Utilities

18.     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.

 

Construction Traffic Management

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

 

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

 

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

 

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

 

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

 

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

c)     a principal contractor must be appointed for the building work and the requirements of the Home Building Act 1989 must be satisfied accordingly; and

 

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

 

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

 

Construction Site Management Plan

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

 

·            location and construction of protective site fencing / hoardings;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            details of proposed sediment and erosion control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            location and size of waste containers/bulk bins;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details;

·            provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·            Details of hazardous materials (including asbestos)

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

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

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

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

·            Other relevant details, measures and requirements to be implemented

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

·            Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Public Liability

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

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

 

Building & Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011 & Regulations

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Dust Control

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

 

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

 

Dust control measures and practices may include:

 

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Notes:

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

 

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

 

Public Safety & Site Management

34.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with to the satisfaction of Council:

 

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

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

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

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

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

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

 

Site Signage

35.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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

 

Survey Requirements

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

 

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

·                 prior to construction (pouring of concrete) of each floor slab,

·                 upon completion of the building, prior to issuing an Occupation Certificate,

·                 as otherwise may be required by the PCA.

 

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

 

Building Encroachments

38.     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

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

 

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

 

Tree Management

40.     Consistent with advice provided for the pre-lodgement, approval is given for removal of the semi-mature Cupressus macrocarpa ‘Brunniana’ (Brunnings Cypress) located centrally in the front yard, given its inappropriate location close to the existing dwelling and proposed works, as well as its pronounced lean to the east.

 

41.     The Morus nigra (Mulberry) located in the rear yard, in the southwest corner, is an environmental weed, so must also be removed as part of the works.

 

42.     The Photinia hedge planted by the owner in the Hay Lane road reserve, along the western edge of the existing dwelling, must be removed, wholly at their cost, so as to maximise the width of the carriageway for both vehicles and pedestrians, and must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

Pruning of neighbours tree

43.     Permission is also granted for the minimal and selective pruning of only those lower growing branches from the northern aspect of the Jacaranda mimosifolia (Jacaranda), located beyond the southwest corner of the site, within the rear yard of 1 Maud Street, only where they overhang the common boundary and need to be pruned so as to avoid damage to the tree; or; interference with the works.

 

44.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

45.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level V 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).

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

47.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources.

 

48.     Places of Shared Accommodation must comply with the Local Government (General) Regulation 2005 and the premises must be registered with the Council, and the approved registration/inspection fee is to be forwarded to Council prior to issuing an occupation certificate.

 

Fire Safety Certificates

49.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, encompassing all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire Safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

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

 

Structural Certification

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

 

BASIX Requirements & Certification

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

 

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

 

Occupant Safety - Windows

52.     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 openings upon the front or any street elevation of the building), such as a metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barriers.

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

53.     The owner/developer must meet the full cost for Council or a Council approved contractor to:

a)     Construct a concrete/ashphalt vehicular crossing opposite the vehicular entrance to the site in Hay Lane.

 

54.     The owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's roadway, 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.

 

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

 

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

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

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

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

 

Landscaping

56.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Areas Plan by Rodney Albert Yannakis & Associates, dwg no. 13, issue B, stamped by Council 16-11-12, prior to the issue of a Final Occupation Certificate, with the owner/s to maintain it in a healthy and vigorous state until maturity.

 

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

Notes:

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

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

 

59.     A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

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

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

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

 

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

 

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.

 

The following conditions are applied to ensure proper operation and management of the subject boarding house:

61.     The boarding house premises shall be operated in accordance with the definition of “boarding house” as stipulated in Randwick Local Environmental Plan 1998. Accommodation is not to be provided on a temporary basis to persons whose principal place of residence is elsewhere and/or for tourism purposes.

 

62.     Each proposed dwelling unit within the development, shall accommodate a maximum of 1 resident at all times. The manager / caretaker shall be responsible for ensuring that this requirement is adhered to by validating relevant personal details before admission. This condition is to ensure that strangers are not sharing the units and potentially altering the approved use of the premises.

 

63.     A manager / caretaker for the boarding house must be available at all times (i.e. 24 hours; seven days per week) and must be a person over the age of 18 years.

 

64.     The use and occupation of the communal outdoor courtyards and terraces within the premises shall be restricted so as not to be used between 10:00PM – 7:00AM.

 

65.     The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public, advising of the manager’s / caretaker’s name and contact number.

 

66.     Each occupant shall be furnished with a set of house rules (i.e. a Plan of Management as required by this consent) and that no variation shall be permitted without the further approval of Council.

 

67.     The manager / caretaker shall maintain a record of all residents with details of their names, length of stay and number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council’s Officers upon request.

 

68.     All residents in the boarding house are to sign a lease or license agreeing to comply with the approved Plan of Management for the boarding house, with the length of the lease to be determined by the management.

 

69.     The individual rooms and common areas of the boarding house, including the Common Room and the outdoor communal courtyards shall be maintained in a clean and tidy condition at all times.

 

70.     The following facilities are to be provided for each of the proposed dwelling units within the development:

 

(a)    A washing machine, and

(b)    A refrigerator unit (for example, a bar fridge), and

(c)    A stove-top with two burners, and

(d)    A ceiling fan, and

(e)    All furniture and facilities proposed to be provided to the dwelling units as detailed in the submitted Plan of Management prepared by Lockery Planning and Development Solutions Pty Ltd reference 1278, dated 8 November 2012.

 

71.     The boarding house premises shall be operated in accordance with the approved Plan of Management at all times.

 

Environmental Amenity

72.     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.

 

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

 

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

 

74.     Each boarding room must be occupied by no more than one person.

 

75.     The use of internal common areas must be restricted to 6:00am to 11:00pm.

 

76.     The use of external common areas must be restricted to 7:00am to 10:00pm.

 

77.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

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

 

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).

 

79.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

80.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

81.     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 Regulation.

 

Fire Safety Statements

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

 

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

 

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

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

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

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

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

 

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

 

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

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

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

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

 

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

 

A8      External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

A9      Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A11     A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

A12     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A13     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A14     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.

 

A15     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.

 

A16     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.

A17     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP16/13

 

 

Subject:                  Shop 4/10-16 Bream Street, Coogee (DA/656/2011/C)

Folder No:                   DA/656/2011/C

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                             Section 96(2) modification of Development Consent No. 656/2011 by amending Condition 9 to allow trading to 10.00pm seven days, including footpath dining area and deletion of Condition 75 to allow bi-fold doors and windows to remain open during full trading hours 

Ward:                      East Ward

Applicant:                Mr. T. Hughes

Owner:                         Mr. N. Mandic & Mrs. A. Mandic

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The development application is referred to Council at the request of Councillors Murray Matson, Tony Bowen and Lindsay Shurey.

 

The subject section 96 application involves the modification of condition 9 to increase the hours of operation for the café and footpath dining area to 10pm, Monday - Sunday and to delete condition 75 to allow the front bi-fold doors and windows to remain opened during business hours. 

 

Currently, condition 9 and 75 reads as follows:

 

9.     The hours of the operation of the premises are restricted to:

 

Internal Seating:

Sunday to Thursday:                  7.00am – 9.00pm

Friday and Saturday:                 7.00am – 10.00pm

 

Footpath Dining:

Monday – Sunday:                     7:00am – 5:00pm

 

All food services to customers in footway dining area shall only be provided within the abovementioned hours of operation and all patrons must vacate the area and all outdoor furniture is to be removed within 30 minutes of the specified hours.

 

75.   The bi-fold doors and windows fronting Bream Street are only to be open between the hours of 7am to 5pm (Monday to Sunday). All bi-fold doors and windows must be closed prior to 7am and after 5pm (Monday to Sunday).

 

The proposal was notified from 27 November to 11 December 2012 in accordance with the DCP – Public Notification of Development Proposals and Council Plans. A total of seven (7) objections and one (1) petition were received. The issues raised in the objections are primarily related to the acoustic noise impacts on the amenity of the neighbouring residential premises, the reduction in the availability of off-street parking and obstruction to the pedestrian thoroughfare. 

 

The applicant provided an acoustic report prepared by Renzo Tonin & Associates (NSW) Pty Ltd to address the potential noise impact to the surrounding residential dwellings. The acoustic report is based on a predictive noise assessment and concluded that the noise emissions from the extended operating hours for the internal seating and the footpath dining area would continue to remain compliant with condition 7 and shall not given rise to ‘offensive noise’.

 

Condition 7 currently reads as follows:

 

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

 

          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).

 

Council has also received a separate acoustic report from an objector which concluded that the Café operating with the front doors and windows open and increased operating hours is likely to exceed the noise criteria. Given Council is the recipient of two acoustic reports with conflicting results, Council requested a statement be provided by the applicant’s acoustic consultant (Renzo Tonin & Associates Pty Ltd) to respond to the acoustic noise report prepared by the objector’s consultant. In response they have detailed inconsistencies in the manner the assessment was carried out. Council’s Environmental Health Officer has reviewed both reports and is in support of the application given sufficient justification and reasoning was provided that the proposal will demonstrate compliance with the noise criteria currently imposed on the development consent, as specified in condition 7.

 

Conditions of consent are recommended to ensure the operations will not result in any significant adverse impacts to the neighbouring residential premises. This includes:

 

·      Submitting an acoustic noise report within three months of the commencement of the extended trading hours;

·      The implementation of the plan of management prepared by the applicant and received by Council on 23 January 2013.

·      A reviewable condition to be introduced for the café and outdoor dining area to operate from Sunday to Monday, 7.00am - 10.00pm that will allow Council the opportunity to review the operation and reassess whether the extended hours should continue on a permanent basis.

·      Recommendations provided in acoustic reports submitted to Council (as required as part of this consent) in relation to the operation and use of the premises must be implemented at all times. 

 

In light of the above, it is considered that the proposal to modify conditions 9 and 75 will not adversely affect the amenity of the neighbouring residential premises in regards to acoustic noise impacts.

 

2.    The Proposal

 

The section 96 modification of the development consent involves amending condition 9 to increase the hours of operation for the café and the footpath dining area till 10pm and to delete condition 75 to allow bi-fold doors and windows to be open during operating hours.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Bream Street, between Carrington Road and Melody Street. The subject site is rectangular in shape with a width of approximately 21.35 metres and a depth of 50.29 metres with an overall site area of 1073 square metres.

 

Neighbouring the property to the east is an existing residential flat building, to the west is a mixed use development with commercial tenancy on the ground floor and to the north are single residential dwellings. The surrounding locality contains a mixture of low to high density residential dwellings and mixed use ground floor commercial developments with residential above.

 

 

4.    Application History

 

DA/656/2011:

A Development Application for the fit-out of an existing cafe including new bi-fold doors, servery and associated works, with internal seating for 20 persons, footpath dining for 10 persons and rear courtyard seating for 10 persons was approved under delegated authority on 15 November 2011.

 

DA/656/2011/A

A Section 96 modification for the deletion of deferred commencement condition 3 relating to the deletion of the bi-fold doors at the front of the premises and to amend condition 63 which relates to the siting and location of the outdoor dining was approved under delegated authority on 10 January 2012.

 

DA/656/2011/B

A Section 96 modification to consolidate footpath dining area and increase seats within footpath dining area to 14 was approved under delegated authority on the 13 September 2012.

 

5.    Section 96 Amendment

 

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

 

5.1 Substantially the Same Development:

The proposal will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was granted. The proposal involves amending condition 9 to increase the hours of operation for the café and footpath dining area till 10pm and to delete condition 75 to allow bi-fold doors and windows to be open during operating hours. The modifications do not involve any substantial changes to the approved built form, envelope or use on the existing site and as demonstrated within this report, the modifications will not result in any significant or unreasonable appreciable impacts upon the amenity of the adjoining dwellings or the character of the locality. Therefore, it is considered the modifications are considered to result in substantially the same development for which consent was granted. 

 

5.2 Notification and consideration of submissions

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

 

5.2.1   Objections

The subject application was notified from 27 November to the 11 December 2012 to adjoining and nearby properties in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process: 

 

·      3 Bream Street, Coogee

·      5 Bream Street, Coogee

·      7 Bream Street, Coogee

·      9 Bream Street, Coogee

·      20 Bream Street, Coogee

·      Unit 1/22-24 Bream Street, Coogee

·      Unit 5/22-24 Bream Street, Coogee

·      A petition with 28 signatures 

 

The issues raised in the submissions have been summarized below to avoid repetition. The issues are as follows:

 

·      Undue noise impacts will compromise the amenity to the surrounding residential premises from late night trading.

Refer to section 6.2 for a detailed response regarding an acoustic noise assessment to the section 96 modifications.

 

·      Extension of trading hours will further reduce availability of on-street parking and result in illegal parking of motor vehicles.

In accordance with Council’s DCP for Parking, additional parking spaces are required to cater for additional parking demand if the proposal involves increases in floor space or changes of use. The subject section 96 application does not seek to increase the size of the floor area and the use will remain the same as approved under the previous development consent. Further, the proposal does not seek to increase the amount of patrons within the internal area, rear courtyard or outdoor dining premises. Thus it is considered that due to the nature of the proposal there is no need to provide for additional off-street parking. In consideration of the above, it is deemed that the proposed modifications to extend the operating hours will not further exacerbate existing parking provisions as approved by the previous Section 96 amendment (DA/656/2011/B).

 

Notwithstanding the above, patrons/visitors are required by law to comply with New South Road Wales Rules. If vehicles are parking illegally, the objectors should contact Council rangers.  

 

·      The subject site no longer operates under existing use rights given the modifications to the conditions will result in intensification of the existing use.

A previous development application (DA/185/2007) was approved on the subject site on the 27 November 2007 for the refurbishment of 4 existing shops & construction of new multi-unit housing development above. As part of the previous application it was established that sufficient evidence was provided to justify existing use rights which detailed:

 

“The applicant has lodged the subject application on the basis of existing use rights in that the existing shops on the subject land have been in existence prior to the coming into force of the Cumberland Planning Scheme in early 1950, and has operated for ground floor shop and first floor residential purposes prior to the coming into force of RLEP 1998, and that this use has continued to operate since the original approval. Accordingly, the applicant contends that the relevant controls of the Randwick Local Environmental Plan 1998 do not apply to the proposed development.

 

“It is considered that the applicant has satisfactorily established existing use rights such that the proposed development can be granted consent in the Residential 2C zone. In this regard, Council has sought legal advice to determine the nature and extent of existing use rights over the site given the nature of the proposed development. This advice was obtained in August 2007 and essentially advised that, while the part of the development proposed for multi-unit housing is permissible within the existing Residential 2C zone without the benefit of existing use rights, the applicant is entitled to claim the benefit of the existing use rights to the whole of the proposed development (that is in respect of both the proposed shops and the multi-unit housing). Accordingly, to the extent that the Randwick LEP provisions derogate from the incorporated provisions under the EP&A Act, the development application for the whole of the proposed development must be considered on its merits with the provisions of the Randwick LEP 1998 to be used as a guide to be applied in assessing the proposed development.

 

Notwithstanding the above, it is considered that the current use is now considered a ‘lawful use’ under the Randwick Local Environmental Plan 2012. Under the RLEP 2012 the subject site has been rezoned from 2C (Residential C Zone) to B1 Neighbourhood Centre which allows ‘food and drink premises’ and ‘Shop Top Housing’ development with consent. Consequently, it is considered that the proposed modification and deletion of condition 9 and 75, respectively, is acceptable within a Neighbourhood Centre zone.

 

·      The existing footpath dining encroaches past the 2.5 metre footpath clearance zone.

 A condition of consent was included on the previous section 96 amendment (DA/656/2011/B) to allow a minimum width of a 2.5 metre pedestrian clear zone along Bream Street. Condition 63 currently reads as follows:

 

63.     A minimum 2.5 metre wide section of footpath is to remain unimpeded for pedestrian use.

 

The subject application does not seek to increase the width of the outdoor dining area. The proposal will retain the same outdoor area as approved under the previous development consent and subsequently condition 63 will remain applicable and will allow for adequate pedestrian movement along Bream Street.

 

·      The outdoor dining area caters for more patrons than as outlined under the previous development consent.

Under the previous section 96 amendment (DA/656/2011/B) council granted consent to consolidate the footpath dining area and increase the number of seats from 6 to 14. The proposal does not seek to increase the amount of patrons or alter the outdoor dining layout.

 

·      The extension of the trading hours and allowing the windows and bi-fold doors to be open during operation will result in a property devaluation

As discussed above the proposal is not expected to result in any adverse impacts to the neighbouring residential premises located in close proximity to the subject site. Further, it is considered that property devaluation is not a relevant planning matter under Section 79C of the Environmental Planning and Assessment Act 1979. 

 

·      The proposal will result in overlooking into the objectors premises located on the opposite side of Bream Street

The proposal will not significantly compromise existing privacy levels to the neighbouring residential dwellings on the northern side of Bream Street. There is a significant separation from the café and outdoor dining area of more than 20 metres and will maintain reasonable levels of visual privacy.

 

5.2.2   Support

The applicant has provided a petition of support for the proposed development with 261 signatures attached.

 

6     Technical Officers Comments

 

6.2      Environmental Health & Building

 

Proposed Development:

 

The Proposal

Council is in receipt of a section 96(2) modification to the approved fit out of the existing café shop 4/10-16 Bream Street, Coogee. The application seeks to modify the approval by amending condition no.9 to allow the premises including the footpath dining area to operate from 7am to 10pm daily and to delete condition no.75 which relates to the restriction placed on the operation of the bi-fold doors. The business is located on the ground floor with residential premises above.

 

Key Issues

Acoustic Amenity

The application proposes to delete condition no.75 which reads:

 

75.     The bi-fold doors and windows fronting Bream Street are only to be open between the hours of 7am to 5pm (Monday to Sunday). All bi-fold doors and windows must be closed prior to 7am and after 5pm (Monday to Sunday).

 

The application also proposes to amend Condition no.9 on the consent which currently reads:

 

9.       The hours of the operation of the premises are restricted to:

 

Internal Seating:

Sunday to Thursday:                7.00am – 9.00pm

Friday and Saturday:               7.00am – 10.00pm

 

Footpath Dining:

Monday – Sunday:                   7:00am – 5:00pm

 

All food services to customers in footway dining area shall only be provided within the abovementioned hours of operation and all patrons must vacate the area and all outdoor furniture is to be removed within 30 minutes of the specified hours.

 

Council has received complaints in relation to the operation of the business since it started operating but all issues were rectified and responded to appropriately by the proprietor.

 

The potential for noise nuisance to be generated from the premises is possible and as a result, an acoustic report prepared by Renzo Tonin & Associates (NSW) Pty Ltd (Report no: TF764-03F02 (Rev 3)), dated 15 November 2012 was received by Council.

 

The acoustic report received by Council predicts noise emission levels of patrons and concludes that based on the established noise goals, and predictive noise assessment, noise emission from the proposed operations was predicted to comply with the noise criteria.

 

A concerned resident engaged an acoustic consultant to conduct a noise assessment. An acoustic report written by Pollution Control Consultancy and Design (report no. EN-R-061212AJ) dated December 2012 was submitted to Council which concludes that the Café operating with the proposed front doors and windows open and outdoor seats is likely to exceed the noise criteria.

 

As Council has received two acoustic reports with conflicting conclusions, a response was submitted to Council by Renzo Tonin & Associates (NSW) Pty Ltd (document no: TF764-04F01 (Rev 0)), dated 19 December 2012 following the acoustic report submitted by Pollution Control Consultancy and Design. Although both acoustic reports base their patron noise on predictions, the response provided by Renzo Tonin & Associates (NSW) Pty Ltd states the following reasons for why their report is a better representation of the premises and the surrounding area:

·      Method adopted by PCCD to obtain background noise was not in accordance with the EPA criteria and measurements were taken while café was in operation

·      Noise measurement at the façade of 9 Bream Street biases the assessment as the location is removed from the street and potentially shielded from some ambient noise sources

·      The operation of a Thai restaurant would exhibit a different character of noise than that of X74 café

 

The response provided by Renzo Tonin & Associates (NSW) Pty Ltd also states “It is considered that the premise has avenues to further reduce noise emission, should it be required, including partial closure of the front façade and incorporation of internal absorption finishes. These measures are however not considered to be warranted based on the current assessment.”

 

In order to get a real life measurement of the potential amenity impacts on neighbouring properties from the proposed development, an additional noise assessment will need to be conducted. This may mean that the proposed modifications to extend the hours of operation and the opening of the bi-fold doors and windows should be approved in order for a more accurate noise assessment to take place. This noise assessment should be conducted within the first three months of commencement of the extended hours of operation and a copy of the report is to be provided to Council. Any noise emission reduction measures proposed in the report for the use and operation of the premises shall be implemented as required and form part of the development consent.

 

Should approval be granted to the application it should be limited to a twelve (12) month trial period. The potential for noise disturbance to be generated by the operation of the business exists and its control is dependent on satisfactory implementation of a plan of management. Should these measures not be adequately implemented during the use of the area, further consideration of the appropriateness of the application will be required.

 

A Plan of Management has been received by Council dated 23 January 2013. The implementation of the plan of management will assist in the minimisation of noise disturbances and anti-social behaviour.

 

The potential for noise nuisance has been considered and appropriate conditions have been included in this referral.

 

Recommendation:

Should the application be approved it is recommended that the following conditions be included in the consent:

 

7     Relevant Environmental Planning Instruments

 

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

 

a.  Randwick Local Environmental Plan 2012

 

 

 

a.      Randwick Local Environmental Plan 2012

The site is zoned Neighbourhood Centre under the Randwick Local Environmental Plan 2012. Under the provisions of the RLEP 2012, the premise is now permissible with council consent which allows ‘food and drink premises’ uses within the subject site area. Therefore it is considered that the subject site is no longer required to demonstrate existing use rights and the current use is now considered as a ‘lawful use’.

 

Zone B1: Neighbourhood Centre Zone

The following relevant objectives of the Zone B1 Neighbourhood Centre apply to the proposal: 

 

·          To minimise the impact of development and protect the amenity of residents in the zone and in the adjoining and nearby residential zones.

 

The proposal involves modification of condition 9 to increase the hours of operation for the café and footpath dining area till 10pm and to delete condition 75 to allow bi-fold doors and windows to be opened during business hours. As discussed above, the proposal is not expected to result in any significant adverse impacts to the amenity to the neighbouring residential premises. An acoustic noise assessment carried out by Renzo Tonin & Associates Pty Ltd and supplementary statement demonstrates that the proposal will not result in a breach to Condition 7 of the original consent regarding ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

Furthermore, Council have requested that additional noise measures be included to ensure the operations of the café remain within an acceptable range. Council requests that within three (3) months of commencement of operations to 10pm trading an acoustic report be provided to assess operational acoustic levels, implementation of the plan of management to ensure compliance with relevant noise criteria and the extended trading hours be subject to a reviewable condition to allow Council the opportunity to re-evaluate the operation of the extended trading hours. Consequently, given the proposal will be required to demonstrate compliance with noise conditions imposed under the previous consent and additional noise mitigation measures have been requested as per conditions of consent, the proposed modifications are not expected to compromise the amenity of the neighbouring residents located in close proximity to the shop promises. It is deemed that the proposed section 96 modifications satisfies the relevant objective.

 

8       Policy Controls

a.    Draft Development Control Plan: Footpath Dining and Trading

In accordance with Section 2.3: Operating Hours under the Draft DCP for Footpath Dining and Trading, the following controls outline the hours of operation required for outdoor trading:

 

3.       Outdoor dining areas in potentially sensitive areas (for example in proximity to residential zones or premises):

 

(I) Generally up to 9.30pm

(II) Further limitations may also be appropriate in areas within proximity any residential premises

 

5.     Variations on the above hours may be permissible only based on:

 

(I) The merits of the proposal;

(II) Existing hours of operation of the indoor premises, and/or

(III)     Proximity of residence

 

The proposed extension of the trading hours of the footpath dining area does not meet the recommended hours within the Draft DCP given its location (in proximity to the residential premises) and operating hours concludes at 10pm. However, variations can be considered if it can be demonstrated that the proposal complies with the relevant objectives of the Draft DCP for footpath dining. The relevant objective advises:

 

·      To ensure footpath dining is compatible with other community uses of the footpath and does not adversely impact upon the amenity of adjacent residences

 

An acoustic noise report and statement prepared by Renzo Tonin & Associates Pty. Ltd. advises that the trading hours till 10pm and allowing the bi-fold doors and windows to be opened are considered satisfactory and will not unreasonably compromise the amenity of the neighbouring premises located on the northern side of Bream Street. Whilst a conflicting acoustic report has been provided with differing outcomes, a statement prepared by Renzo Tonin & Associates Pty. Ltd. responded by identifying inadequacies to the noise assessment which was supported by Council’s Environmental Health Officer. Conclusions that were reached by Renzo Tonin & Associates Pty. Ltd. identified;

 

“[On background noise levels] The method adopted by PCCD (Pollution Control Consultancy and Design) by taking the average LA90, 1 minute is not in accordance with the EPA (Environmental Protection Authority) criteria of LA90, 15 minute. How this method could affect the determined background noise level is not known and therefore the determined criteria cannot be utilised for the assessment”.

 

“[On internal sound pressure levels] The internal sound pressure levels measured in the Chat Thai Restaurant, particularly the matter of the impulsive noise correction, it is considered that the operation of a Thai Restaurant, particularly with an open kitchen would exhibit a different character of noise than that of the X74 café”.

 

“[On noise predictions by PCCD] In terms of the noise predictions presented by PCCD in Table 1, given the higher predicted noise levels from similar internal levels, it is deducted that diffuse field correction (typically minus 6dB) to account for the change from reverberant (inside) fields to free-field (outside) has not been applied to the noise predictions.

 

“[On the acoustic noise assessment by Renzo Tonin & Associates Pty. Ltd] the proposed use of the X74 café was predicted to comply with the relevant noise criteria. It is considered that the premise has avenues to further reduce noise emissions, should it be required, including partial enclosure of the front façade and incorporation of internal absorptive finishes. These measures are however not considered to be warranted based on the current assessment”.

 

It is considered that the methodology of the applicant’s acoustic report has greater rigour as it is specific to the subject site and should be preferred over that of the objector’s acoustic consultant which is based on an extrapolation of the conditions found on a different site. In this regard the objector’s acoustic consultant has relied upon short term background measurements that are not in accordance with the EPA criteria and the style of Thai cooking would have very different sound characteristics from that of the subject site.  Also, as the proposed hours of operation are outside the period of sleep disturbance (between 10pm and 7am) and the site is now within a neighbourhood business zone the hours of operation are not excessive. It is considered that the operation of the premises to 10pm is not expected to result in any significant adverse impacts to the amenity of the neighbouring residential premises in close proximity to the subject site. Further, it should be noted that the opening of bi-fold doors is likely to be dependant on seasonal conditions. During the winter season and periods of colder inclement weather the bi-fold doors would be expected to be closed to maintain the comfort and amenity of patrons.

 

Consequently, in light of the above it is considered the modification to the original development consent to extend the operating hours and allow for the bi-fold doors and windows to be opened during operations is acceptable subject to the imposition of the additional conditions as outlined in this assessment report.

 

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

Refer to section 7: Environmental Planning Instrumentals

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 requirements in the DCP Footpath Dining and Trading, 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

Refer to section 5.2: Notification and consideration of submissions  

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

Direction 4a:      Develop and implement effective processes and strategies to manage the impact of new and existing development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modification to the existing commercial food premises has been assessed against the requirements of the relevant planning framework of the Randwick Local Environmental Plan 2012, the council policies including the DCP for Outdoor Dining and Trading as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The proposed modifications to allow for an increase in the hours of operation for the café and footpath dining area till 10pm and to allow the bi-fold doors and windows to be open during operating hours will not result in any significant environmental impact to the neighbouring premises. An acoustic noise assessment prepared by Renzo Tonin & Associates Pty. Ltd. details the proposal will continue to comply with the relevant noise criteria imposed as part of the previous development consent and will remain within an acceptable range in consideration to the neighbouring residential premises.

 

The proposal is supported by this assessment, subject to the application of the following 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/656/2011/C to modify the development consent to amend Condition 9 to allow trading to 10.00pm seven days, including footpath dining area and deletion of Condition 75 to allow bi-fold doors and windows to remain open during full trading hours at Shop 4/10-16 Bream Street, Coogee, subject to the following conditions:

 

A.        Amend Conditions 9 and 58 to read:

9.     The operating hours of the café and outdoor dining area must be restricted to the following and are subject to a review period in accordance with Section 80A (10B) of the Environmental Planning & Assessment Act 1979 and Division 14 of the Environmental & Assessment Regulation 2000:

 

·       Monday – Sunday: 7:00am – 10:00pm

 

The operating hours will be reviewed by council within 12 months of the date of commencement of the extended hours of operation. The operator of the premises must advise Council in writing of the date of commencement of the extended hours of operation. Appropriate supporting evidence (including but not limited to, relevant acoustics measurements) must be provided at the end of the review period to demonstrate compliance with all conditions of this consent as part to the review.

 

58.     Prior to operation of the extended trading hours for the footpath dining area the applicant/proposed Licensee shall enter into a new formal license agreement with Council covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Compliance Officer, (9399-0936), regarding Council’s requirements for the formal license agreement.

 

B.        Delete Condition 75

 

C.        Add Conditions 77, 78 and 79 to read:

77.     Within three (3) months of commencement of the extended hours of operation and from time to time as may be requested by Council, a report must be obtained from a suitably qualified and experienced consultant in acoustics, and submitted to Council which demonstrates and certifies that noise from the use and operation from the development complies with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy and conditions of Council’s consent.

 

The acoustic report is to include (but not be limited) to;

 

·          Noise emission from the proposed development that is tested on a Friday and Saturday night (e.g. operational noise, mechanical noise, monitoring from nearest affected residential premises during the use and operation of the premises when there is maximum occupancy to satisfy intrusiveness and amenity criteria)

 

·          Patron noise from the development having regard to the footway dining and the extended hours of operation.

 

·          Background noise levels shall be taken between 10:00pm – 11:00pm in the absence of any other restaurants/cafes operating in the area.

 

Any recommendations or requirements which form part of this acoustic report are to be accepted in writing by Council’s Manager Health & Building Regulatory Services prior to their implementation.

 

78.     The Plan of Management received by Council on 23 January 2013 shall be implemented at all times to minimise noise disturbances and anti-social behaviour.

 

79.     Recommendations provided in the acoustic reports submitted to Council in relation to the operation and use of the premises must be implemented at all times.

 

 

Attachment/s:

 

Nil


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP17/13

 

 

Subject:                  28 The Avenue, Randwick (DA/646/2011/A)

Folder No:                   DA/646/2011/A

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Section 96 modification of the approved development by removal of a second floor bathroom and a swimming pool, alterations to landscaping and the approved garage, the deletion of a basement level, solar panels and a pergola, and the relocation of a hot water unit and air-conditioning units

Ward:                      North Ward

Applicant:                Steven Dunn and James Wilson

Owner:                         Steven Dunn and James Wilson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

The application is referred to Council for determination as the original application was considered and determined by the Planning Committee at a meeting held on 14 February 2012.

 

The original application involved the demolition of the existing outbuilding at the rear, the construction of a new 2-storey outbuilding with garage and studio fronting the right of way, alterations and additions to the existing dwelling, installation of roof-mounted photovoltaic panels and air-conditioning units and associated landscape works.

 

The proposed modifications to the approved development relate to modifications of the approved development by the removal of a second floor bathroom, removal of a swimming pool, alterations to landscaping and a garage, the deletion of a basement level, solar panels and a pergola and the relocation of a hot water unit and roof-mounted air-conditioning units.

 

The proposed modifications constitute a net reduction the scope of works and will not result in any significant impacts to the amenity of the adjoining properties. No submissions were received regarding the application however a letter of non-objection from the owners of the adjoining terrace dwelling to the north of the subject site (26 The Avenue, Randwick) was submitted, relating to a proposed masonry wall on the northern property boundary.

 

The application is recommended for approval.

 

2.    The Proposal

 

The applicant provided the following list of amendments within the Statement of Environmental Effects submitted with the Section 96 application (see below). In addition to these changes, it is also proposed to relocate the approved air-conditioning units to the central part of the roof of the main dwelling.

 

 

Figure 1:  Proposed amendments listed within the Statement of Environmental Effects submitted with the Section 96 application.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the eastern side of the street, between Frances Street and Alison Road. The site presently accommodates a 3-storey Victorian terrace with a double-storey outbuilding fronting the right of way. The site forms part of “Avonmore Terrace” that comprises Nos. 26 – 42 The Avenue. The site is identified as a heritage item and within the St. Jude’s Conservation Area under RLEP 1998. The site is also listed in the State Heritage Register.

 

To the west of the site on the opposite side of The Avenue is a public park. St. Jude’s Cemetery adjoins the site on its eastern boundary.

 

4.    Site History

 

Building applications for alterations and additions to the dwelling were approved in 1968, 1978 and 1982. 

 

The original application (DA/646/2011) was considered and approved by the Planning Committee at a meeting held on 14 February 2012. The application involved the demolition of an existing outbuilding at the rear, the construction of a new 2-storey outbuilding with a garage and studio fronting the right of way, alterations and additions to the existing dwelling, the installation of roof-mounted photovoltaic panels and air-conditioning units and associated landscape works.

 

5.    Section 96 Assessment

 

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

 

5.1      Substantially the Same Development

Proposed changes to the approved plans generally constitute a reduction in the scope of works and do not involve any significant changes to the approved built form, floor space or landscaped area provision on site. Therefore, the modified development is considered to be substantially the same development as that for which the consent was originally granted.

 

5.2      Notification and Consideration of Submissions

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the Draft Comprehensive DCP (Public Notification).  No submissions were received regarding the application however a letter of non-objection was submitted, signed by the owners of the adjoining terrace dwelling to the north of the subject site (26 The Avenue, Randwick).  

 

26 The Avenue, Randwick

Issue

Comment

Letter of non-objection confirming that the proposed masonry fence on the northern property boundary is to be centred on the property boundary. Concurrence is provided for the proposed materials, location and size of the wall.

Noted.

 

6.    Referrals

 

6.1      Heritage Planner:

The Site

The subject site is part of “Avonmore Terrace”, which comprises nos.26-42 The Avenue.  The group is listed as a heritage item under Randwick LEP 1998 and is also listed on the State Heritage Register.  The Randwick Heritage Study Inventory Sheet for the terrace describes its significance as “one of the best rows of Victorian terraces in Sydney, in a magnificent setting overlooking a row of large Moreton Bay figs.” 

 

Background

Building applications for alterations and additions to the building were approved in 1968, 1978 and 1982. 

 

The original application proposed alterations and additions to the existing dwelling house.  At ground floor level, it is proposed to make considerable change to the existing rear wing to create an open plan kitchen dining area.  At first floor level changes were proposed to create two new bathrooms and a walk-in robe, mainly within the rear wing.  At second floor level changes were proposed to create a new wc in the existing hallway.  At roof level changes were proposed to existing solar hot water system, as well as new photovoltaic panels, air conditioning units and a skylight.  The outbuilding is to comprise a double garage at ground floor level and a studio and bathroom above. 

 

Proposal

A Section 96 application has now been received which proposes a number of changes at ground, first and second floor level.  At ground floor level, several external changes are proposed to landscape elements at the rear of the dwelling.  At first floor and roof level, changes are proposed to service installations.  At second floor level, the original layout is to be retained.  Changes are also proposed to the rear outbuilding, including changes to wall finishes. 

 

Approvals

As the site is listed on the State Heritage Register the Heritage Office within the Office of Environment and Heritage is consent authority for the application and Council cannot issue cannot issue approval until the Heritage Office has provided conditions of consent. 

 

Submission

The original application was accompanied by a Statement of Heritage Impact prepared by Noel Bell Ridley Smith and Partners.  The SHI noted that the proposal largely maintains the presentation of the building from the public domain and its contribution to the significant aspects of the larger group forming the terrace, including repair and replacement of missing elements on the street façade.  The SHI noted that changes were proposed to areas of lesser significance, or where change has already occurred. 

 

The current pro9psoal has been accompanied by a submission from Noel Bell Ridley Smith and Partners supporting the application and noting that nothing in the application would have additional adverse impact on the identified heritage significance of the place, with the majority of changes comprising deletion of new elements previously proposed. 

 

Comments

Conservation works

The original application proposed repair and replacement of missing elements on the street façade.  These conservation works remain part of the current application.  ???

 

Changes at ground floor level

At ground floor level it is proposed to provide a new masonry fence to the northern side boundary to the rear garden, deleting a proposed pergola and proposed pool with associated changes to landscaping in the rear garden.  There are no heritage objections to the proposed changes which will not affect the setting of the heritage item. 

 

Changes at first floor level

At first floor level it is proposed to make changes to the hot water units on the rear balcony.  There are no heritage objections to these proposed minor changes to service installations. 

 

Changes at second floor level

At second floor level, the proposed wc is to be deleted from the existing hallway, with existing doors and archways to remain.  The reversal of these changes will allow for the retention of original fabric. 

 

 

Changes at roof level

At roof level it is proposed to delete photovoltaic panels, relocate the two air conditioning units and to make changes to location of skylights.  The current proposal will reduce the extent of new service installation for the dwelling. 

 

Outbuilding

The current application proposed to increase the setback of the garage from the rear boundary, to delete the basement level originally proposed, to redesign the pedestrian entry and to make changes to proposed wall finishes.  There are no heritage objections to the proposed changes to the plan and section of the garage which will not result in any change to the building envelope.  In relation to wall finishes, the current application proposes to replace rendered masonry to the side walls with face brickwork and to replace rendered masonry to the end walls (rear laneway and rear garden) with a fibre cement cladding (James Hardie Scyon Axon).  Subject to detail of the proposed colour being provided, the proposed vertically grooved sheeting should be generally compatible with the original building, with other proposed finishes for the outbuilding and with other outbuildings in the laneway. 

6.2                  Consultation with Other Approval Bodies or Public Authorities:

 

6.2.1               Heritage Council:

The Heritage Council advised Council on 11 December 2012 that a section 60 approval had been granted for the subject dwelling; with reference to and expressing concurrence with the proposed section 96 modification drawings.

 

7.    Master Planning Requirements

 

The subject site has an area of less than 10,000 square metres and is not subject to Clause 6.12 of the Randwick LEP 2012. The subject site is also not identified as “DCP required” on Council’s Key Sites Map.

 

8.         Section 79C 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.

 

8.1      Environmental Planning Instruments:

 

8.1.1   Randwick Local Environmental Plan 2012

The Randwick LEP 2012 was gazetted on 1 February 2013 and formally commenced operation on 15 February 2013. The subject section 96(2) application was lodged before the commencement of this Plan however the savings provision contained within Clause 1.8A of the RLEP 2012 is not applicable to section 96 applications. Consequently, this application is assessed under the Randwick LEP 2012.

 

The following clauses of LEP 2012 are relevant to the proposed development:

 

Clause 4.4     Floor space ratio

The proposal will not affect the gross floor area of the approved dwelling. The proposed works will be consistent with the objectives of the RLEP 2012 in that the size and scale of development will be compatible with the desired future character of the locality.

 

Clause 5.10               Heritage conservation

The proposal has been referred to and considered by Council’s Heritage Planner and the NSW Heritage Branch. Advice has been provided that there are no objections to the proposal.

 

8.1.2   State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 96 modification makes a material change to the BASIX commitments as originally approved.

 

The applicant has submitted a new BASIX certificate. The plans have been checked with regard to this new certificate and they are consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX were included in the original determination.

8.2   Draft Environmental Planning Instruments

None applicable.

 

8.3    Development Control Plans

The Draft Randwick Comprehensive Development Control Plan is currently on exhibition and works towards achieving the objectives of the RLEP 2012 with regard to sustainability, biodiversity, design excellence, better integration of transport and land use (car parking, access and transport), environment, vibrant centres and a mix of uses (new site/area based controls and envelopes). The current application has been assessed against the objectives and performance requirements of the Draft Randwick Comprehensive Development Control Plan.

 

The amended development will generally be consistent with the objectives and performance requirements of the Draft Randwick Comprehensive Development Control Plan in that:

 

·      The proposed amendments to the dwelling will not result in any increase in the gross floor area or approved dwelling height; and will result in a net increase in the approved permeable landscaped area;

·      The proposed modifications will not alter the building footprint of the approved development and will not decrease the approved side setbacks;

·      There are no proposed changes to fenestration which would impose any additional privacy or acoustic impacts on neighbouring dwellings;

·      The proposal will not impose any additional shadow impacts on the neighbouring dwellings; and

·      The proposal will not impact negatively on the heritage qualities of the subject heritage item or those adjacent to the subject site.

 

Based on the above, the modification is considered to comply with the provisions of the Draft Randwick Comprehensive Development Control Plan.

 

8.4    Policy Controls

There are no Council policies relevant to the subject application.

 

8.5    Site Suitability

The site has been assessed as being suitable for dwelling house development in the previous development consent granted by Council. The current proposal does not involve any significant changes to the floor space, built form or landscaped area provision of the approved development. The modification will not result in any significant impact on the streetscape or amenity of the surrounding residences. Therefore, the site is considered to be suitable for the modified development.

 

8.5.1   Visual and Acoustic Privacy:

The proposed changes to dwelling at ground level including the deletion of the approved nib walls adjacent to the kitchen/dining room and the construction of a 2.4m masonry wall on the northern property boundary will not impose any significant impacts on neighbouring dwellings with regard to visual or acoustic privacy.

 

The proposed relocation of the approved air-conditioning units to the central part of the roof form will not impose any significant impacts on the perceived visual bulk and scale of the existing dwelling; nor will it impact on the primary heritage values of the subject dwelling which is listed as a heritage item. Suitable conditions were included in the original consent to ensure that the approved air-conditioning units would not impose any significant noise related impacts on neighbouring dwellings.

Figure 2:  The proposed 2.4m masonry wall on the northern property boundary. A letter of non-objection has been received from the owners of the adjoining dwelling to the north.

 

8.5.2   Solar Access and Overshadowing:

The proposed masonry wall on the northern property boundary will not impose any additional overshadowing over the neighbouring dwelling to the north and will not impose any significant impacts on the primary open space of the subject dwelling. 

 

The proposed amendments to the approved plans will not impose any additional shadow impacts on the neighbouring dwelling to the south of the site (30 The Avenue).

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the existing development have been assessed against the requirements of the relevant planning guidelines of the RLEP 2012 and Council’s Draft Randwick Comprehensive Development Control Plan, as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.   The proposed modifications are considered to result in a development that is substantially the same development as that previously approved, and will not result in any significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

Recommendation

 

That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/646/2011 for permission to amend the approved development by the removal of a second floor bathroom, the removal of a swimming pool, alterations to landscaping and the approved garage, the deletion of a basement level, solar panels and a pergola, and the relocation of a hot water unit and air-conditioning units for 28 The Avenue, Randwick in the following manner:

 

A.        Amend ConditionNo. 1 to read:

 

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 Number

Dated

Received

Drawn By

DA01(B)

5.12.2011

7 December 2011

TFAD Pty. Ltd.

DA02(B)

5.12.2011

DA03(A)

Dec 2011

DA04(A)

Dec 2011

DA05(B)

5.12.2011

DA01(A)

09.08.11

24 August 2011

Jane Irwin Landscape Architecture

DA02(A)

01.08.11

 

BASIX Cert. No.

Project Name

Dated

Received

A120344

28 The Avenue

15 August 2011

24 August 2011

 

as amended by the following Section 96’A’ plans and documentation, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application,

 

Plan Number

Dated

Received

Drawn By

S96_01 (Revision B)

November 2012

19 November 2012

TFAD Pty. Ltd.

S96_02 (Revision B)

November 2012

S96_03 (Revision B)

November 2012

S96_04 (Revision B)

November 2012

S96_05 (Revision B)

November 2012

 

BASIX Cert. No.

Project Name

Dated

Received

A120344_02

28 The Avenue

1 November 2012

19 November 2012

 

 

 

Attachment/s:

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP18/13

 

 

Subject:                  Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) between 1 January to 28 February, 2013

Folder No:                   F2008/00122

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of SEPP No. 1. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under SEPP1;

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP1 to be determined by full council (rather than the general manager or nominated staff member);

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP1;

4)     Making the register of development applications determined with variations in standards under SEPP 1 available to the public on council’s website.

 

This report is in response to point 3) above. A table is attached to this report detailing all SEPP1s approved in the period from 1 January to 28 February 2013 – three (3) were approved during this period either by Planning Committee meeting or Ordinary Council Meeting.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP1 objections. This report is in response to one of those requirements whereby a report is provided to Council on the development applications determined where there had been a variation in standards under SEPP1. 

 

 


 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1.View

SEPP 1 between 1 January to 28 February 2013

 

 

 

 


SEPP 1 between 1 January to 28 February 2013

Attachment 1

 

 

 

SEPP 1 REGISTER BETWEEN 1 JANUARY TO 28 FEBRUARY 2013

Council DA reference No.

Lot No.

DP No.

Apartment/Unit No.

Street No.

Street name

Suburb/Town

Postcode

Category of development

Environ-mental planning instrument

Zoning of land

Development standard to be varied

Justification of variation

Extent of variation

Concurring authority

Date DA determineddd/mm/yyyy

Appro-ved by

 

DA/678/2012

A

320079

121

Houston Road,

Kingsford

NSW

2032

 3: Residential - New second occupancy

RLEP 1998

2C Residen-tial

SEPP Affordable Housing – max floor space 60m2.1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 8m2 or 13

%.

NSW Dept of Planning

12-Feb-13

PCM

 

DA/405/2011

102

861160 SUBJ TO CROSS EA

220-220A

Clovelly Road,

Randwick

NSW

2031

 1: Residential - Alterations & additions

RLEP 1998

3B - Local Business Zone

Clause 20F - FSR =1.5:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 1.97:1 or 31.33%.

NSW Dept of Planning

26-Feb-13

OCM

 

DA/689/2012

COR LOT A 

373126

94

Marine Parade

Maroubra

NSW

2035

 1: Residential - Alterations & additions

RLEP 1998

2C Residen-tial

Clause 20E - Landscaped Area = 50% and Clause 20F - FSR =0.65:1.

Provides adequate areas of open space for mature vegetation, recreation and the  reduction of stormwater run off and maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Landscaped area is currently less than the standard and is only reduced  by a minor amount to 20.5%. Existing FSR 0.92:1 proposal increased to 1.32:1 or 61.5%.

NSW Dept of Planning

26-Feb-13

OCM

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP19/13

 

 

Subject:                  2013 National Youth Week Activities in Randwick City

Folder No:                   F2004/07708

Author:                   Teresa Mok, Manager Community Planning & Development     

 

Introduction

 

National Youth Week (NYW) is the largest celebration of young people in Australia with thousands of young people aged 12-25 participating in organised events. It will take place from 5 to 14 April 2013.

 

Randwick City Council has planned a range of events and activities in partnership with various youth organisations. This year the theme for National Youth Week is Be Active, Be Happy, Be You. 


NYW aims to encourage young people to:

·      share ideas

·      attend live events

·      have their voices heard on issues of concern to them

·      showcase their talents

·      celebrate their contribution to the community

·      take part in competitions, and

·      have fun!

 

Issues

 

Events and activities organised by RCC for this year are consistent with the theme of National Youth Week. The following activities are proposed for Youth Week 2013 and will be facilitated by RCC officers, in partnership with local service providers.  As usual, the Randwick Youth Councillors will play a significant role on the day of the Festival. 

 

The following is a summary of the proposed activities planned for Youth Week 2013:

 

Filthy Youth Festival at Maroubra Beach – Sunday, 14 April

This year, activities offered on the day will focus on youth well-being and mental health, with an emphasis on suicide prevention. A number of youth services will be in attendance with information stalls, and provide a range of activities to engage young people in the exchange of information and discussions about mental health and other relevant issues of concern to them.

 

There will be live youth band performances, a BBQ, and a youth consultation activity centred around the ‘Imag_ne’ interactive art installation.  This art installation is an initiative of the Randwick Youth Councillors.  The work resembles very large Scrabble letters on a Scrabble piece holder which spell Imagine with the second ‘I’ missing. People are encouraged to sit or pose in the position of the missing ‘I’. It is an amusing and engaging work which appeals to all ages.  Currently on display at High Cross Park, Randwick, it will be relocated to Maroubra Esplanade in time for Youth Week.

 


Urban Shorts 2013 Randwick Youth Film Competition - Monday, 8 April

Urban Shorts provides an opportunity for young people to showcase their talents, develop skills, contribute to the community and be heard on issues that concern them. It is open to all young people aged 12-25 years (who live, work, study or attend recreational activities in Randwick city) to enter a short film (under 10 mins) and win prizes up to $500. An additional sustainability prize of $300 will be awarded to the best film dealing with sustainable practices, if an entry dealing with this subject is submitted, and is worthy of an award.  The award presentation event, proposed to be held at the Mary Martin Library, Randwick announces the winners of the competition.  All entries will be uploaded on the internet the following day for viewing by the general public.

 

Ice is Not Cool – Friday 12 April

This event is a drug prevention information session about drug use.  The event will focus on the dangers of the drug, Ice. This will be delivered in partnership with Youth Haven at La Perouse.

 

Relationship to City Plan

 

The relationship to the city plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Key action:        Celebrate the range of cultures and people within Randwick City.

 

Financial impact statement

 

National Youth Week 2013 activities will cost an estimated $8,382. This is funded through Community Development annual budget as well as an annual $3,382 financial grant from NSW Department of Family and Community Services. 

 

Conclusion

 

This year’s focus on well-being and suicide prevention will be particularly relevant, and is consistent with the priorities identified in the Council’s community safety plan, A Safer Randwick City.   They are also consistent with the aims of National Youth Week.

 

The proposed Youth Week activities will offer young people opportunities to raise and discuss any issues of concern with peers and service providers in a ‘youth-friendly’ context. The Urban Shorts activity also gives young people an opportunity to showcase their creative talents, and take part in a competition. The consultation activity around the Imagine art installation to be conducted by Randwick Youth Councillors offers a conduit for young people’s opinions to be documented.

 

 

 

Recommendation

 

That Council endorse the proposed activities planned for National Youth Week 2013 in Randwick City.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director City Planning Report No. CP20/13

 

 

Subject:                  Cultural and Community Grants Program - March 2013 Round Recommended Allocations

Folder No:                   F2009/00182

Author:                   Warren Ambrose, Senior Social Planner     

 

Introduction

 

The Cultural and Community Grants Program was endorsed by Council on 28 April 2009 and commenced in June 2009.  The Cultural and Community Grants Program provides financial support to creative arts and cultural projects that encourage community participation and vibrancy within the City of Randwick. The Program is linked to actions and strategies identified within the Council’s Cultural Plan, A Cultural Randwick City.

 

In this funding round, Council has received a total of 18 applications seeking $79,093.53 (in-kind and cash). Applications recommended for funding are listed in Attachment One to this report. Applications not recommended for funding are also listed in Attachment One.

 

A total of funds of $42,782.04 is available for allocation as part of the March 2013 round.  This report recommends seven applications to receive funding totalling $36,985.59. All applicants will be advised about the outcomes of their grant application.

 

This report also proposes that the balance of $5,886.45 be allocated to fund grant application and acquittal training for community groups and organisation representatives. This much training will also assist them to prepare better quality applications and acquittal reporting. 

 

Issues

 

Cultural and Community Grants Program Background

The Cultural and Community Grants Program has an annual budget of $105,000.00.

 

There are two Cultural and Community Grants Program assessment rounds each  financial year, in March and September, and is promoted in the local newspaper, on the Council’s website and email through local community networks.

 

The Cultural and Community Grants Program Funding is awarded to not-for-profit organisations or community groups. The resulting activities or events must be based in the City of Randwick. Applicants may seek grants from Council as an in-kind contribution only (waiver of Council fees and charges), cash contribution only, or a combination of in-kind and cash contribution.

 

The Program requires and expects a high level of accountability from funding recipients. As part of the funding acquittal process, all recipients who have received cash grants will be required to provide evidence that the activity or event was held.

 

Under the current grants assessment guidelines (last reviewed in September 2011), projects that have a link to commercial ventures, and those that have a profit making outcome (e.g. charging an entry fee to view or participate in event or project) are not eligible to apply for funding.

 

March Assessment Round 2012-13

The assessment process was undertaken by a panel of Council officers and the Internal Auditor. The panel met to assess the applications and to determine which of these should receive full, partial or no funding. All applications were assessed for compliance with the program’s funding priorities and guidelines, and the organisation’s capacity to deliver the program outcomes. Each application was assigned a numerical score reflecting and a priority ranking of A, B or C. Priority levels are detailed below:

 

·           Priority A: High priority for funding. The project is consistent with program funding priorities and has special weighting and compares well with other applicants.

·           Priority B: Possibly if sufficient funds. Application meets eligibility criteria but with lower scores than the Priority A applications.  Priority B applications may lack adequate detail or be poorly targeted.

·           Priority C: Does not meet the eligibility criteria.

 

Through this assessment process, a total of 7 applications have been recommended to receive funding totalling $36,895.59 comprising of $22,304.39 in cash and $14,591.20 in-kind (fee waiver). This amount represents approximately a budget split of 60:40 between the September 2012 and March 2013 funding rounds, respectively.  Allocating a larger proportion of the budget to the September round is appropriate because the spring/summer seasons are the busiest period for organised community events and activities. The grant applicants and a brief description of their proposed projects being recommended for funding are summarised below:

 

·           Father’s Day Challenge (Eastern Respite and Recreation + Supported Living Network) In-kind funds to use Hefron Park Cycle Track for a Cycle event to fundraise and raise awareness for Eastern Respite & Recreation and Supported Living Network, who provides services to people with disabilities.

·           Old Ways Meets New Ways (Eastern Zone Gujaga Aboriginal Corporation) Cash funds to hold workshops (5 workshops over 3 days).  The workshops will provide young Aboriginals from the La Perouse the opportunity to learn from Elders traditional ways to manufacture Aboriginal artefacts including boomerangs, woomeras, spears, baskets, shell and shields.

·           Hula Dreams Uke Fest 2013 (Gallery East) Cash funds for crowd control barriers and security for the small street festival.  The festival is a platform for local musicians and artists to showcase their talents in playing and decorating ukuleles.  This triennial event is to be held in Burnie St, Clovelly.  

·           Let’s Get Together (Greek Welfare Centre) Cash funds for catering, entertainment, speakers, advertising, stationary and printing for a series of weekly programs for over 100 seniors, targeting the CALD community. The program aims to offer culturally rich social, recreation and education programs.

·           Community Cultural Arts Workshops (Guriwal Aboriginal Corporation) Cash funds for catering, venue hire, and art & craft supplies to hold traditional Aboriginal art painting workshops for the Aboriginal elders in La Perouse and surrounding areas

·           Brest Cancer Morning Tea (Guriwal Aboriginal Corporation) In-kind funds for use of Prince Henry Centre to hold the annual Breast Cancer Fundraising Morning Tea.

·           Indonesian Support Group Maroubra (Indonesian Welfare Association Inc.  In-kind funds to use the Maroubra Seniors Centre weekly between April 2013 and March 2014 for the Indonesian Support Group meetings. The group aims to prevent social isolation, providing community education to assist access to available services.

·           Kingsford Smith Art Mural (Kingsford Chamber of Commerce Inc.) Cash funds towards hiring an artist to design and paint a mural around the tiled image of Charles Kingsford Smith at Kingsford.  The mural may include a map of his journeys, written information on Charles Kingsford Smith.

·           Maroubra Bodyboarders Club 2013 Season (Maroubra Bodyboarders Club Inc.) In-kind funds for multiple use of Maroubra Beach for their bodyboard contests.

·           Monthly Surfing Competitions (Southend Boardriders Maroubra) In-kind funds for multiple use of Maroubra Beach for multiple surfing competitions.

·           Randwick Community – Art of Creative Writing: (Gayatri Bhatt) Cash funds for booklet printing ,consumables, stationary and refreshments to support a series of workshops (16 weeks) for senior CALD Randwick residents to develop their creative writing skills culminating in the production of a booklet of their writings

 

Carols by the Sea Grant Application

The organisers of Carols by the Sea (St Pauls Anglican Church) have submitted an application for in-kind funds for use of Grant Reserve, and cash funds for the Carols by the Sea event (total of $3,504.70). However, the Council by resolution in 23 November 2013 determined it will only fund two community carols events at South Maroubra and Barwon Park, Matraville. As a result it is recommended that Council not fund this application.

 

Proposed Community Grant Training

It is proposed that the balance of this allocation round ($5,886.45) from Councils Cultural and Community Grants Program be used to fund grant application and acquittal training for community groups and organisation representatives. The funds would be used to invite community organisations to learn the best practice approach to preparing grant applications, including Council’s grants programs.

 

This will help organisations to become to be more effective grant seekers when preparing applications to various grant providers beyond our LGA.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  5:     Excellence in recreation and lifestyle opportunities.

Direction:  5b:   A range of cultural, sporting and leisure activities.

 

Financial impact statement

 

The Cultural and Community Grant Program has an annual budget allocation of $105,000.  Funds are allocated with a split of 60:40 between the September and March funding rounds, respectively.  Allocating a larger proportion of the budget to the September round is appropriate because the spring/summer seasons are the busiest period for organised community events and activities. For the March round a total of $36,985.59 is recommended to be allocated, with the balance of $5,886.45 to be used for Community Grant Training.

 

Conclusion

 

The Cultural and Community Grants Program plays an important role in providing artistic and cultural events and activities that contribute towards vibrancy and social cohesion within Randwick City. Following a rigorous assessment process of applications against program criteria and guidelines, the panel has recommended seven applications to receive funding totalling $36,895.59 under the March 2013 assessment round.

 

This report recommends that the remaining unallocated monies be used to conduct or grant application training courses to assist community organisations to prepare more competitive applications and effective grant acquittal reports to attract much needed funds into Randwick City.

 

 

Recommendation

 

That:

 

a)     Council approve Cultural and Community Program funds totalling $36,895.59    to be allocated to the recommended grant applicants listed in Attachment One.

 

b)     Council endorse the use of the balance of available funds ($5,886.45) to conduct community grant preparation and acquittal training for potential grant applicants.

 

 

Attachment/s:

 

1.View

Cultural and Community Grants Program March 2013 - Attachment One - Details of Recommended Successful and Not Successful Grant Applications

 

 

 

 


Cultural and Community Grants Program March 2013 - Attachment One - Details of Recommended Successful and Not Succesful Grant Applications

Attachment 1

 

 

Attachment One

 

2012/2013 CULTURAL AND COMMUNITY GRANTS PROGRAM

 

APPLICATIONS RECOMMENDED FOR FUNDING – MARCH 2013 ASSESSMENT

 

No.

Organisation

Name of Project & Description

Amount

Requested

Rank

In-Kind Recommended

Cash

Recommended

In kind

Cash

4

Eastern Respite and Recreation + Supported Living Network

Father’s Day Challenge

In-kind funds to use Hefron Park Cycle Track for a cycle event to fundraise and raise awareness of Eastern Respite & Recreation and Supported Living Network who provide services to people with disabilities.

$ 1,700.00

$ 0.00

A

$ 1,700.00

$ 0.00

5

Eastern Zone Gujaga Aboriginal Corporation

Old Ways Meets New Ways

Cash funds to hold workshops (5 workshops over 3 days).  The workshops will provide young Aboriginals from the La Perouse the opportunity to learn from Elders traditional ways to manufacture Aboriginal artefacts including boomerangs, woomeras, spears, baskets, shell and shields.

$ 0.00

$ 2,650.00

A

$ 0.00

$ 2,650.00

6

Gallery East

Hula Dreams Uke Fest 2013

Cash funds for crowd control barriers and security for the small street festival.  The festival is a platform for local musicians and artists to showcase their talents in playing and decorating ukuleles.  This triennial event is to be held in Burnie St, Clovelly.  

$ 0.00

$ 1,254.39

A

$ 0.00

$ 1,254.39

 

8

Greek Welfare Centre

Let’s Get Together Cash funds for catering, entertainment, speakers, advertising, stationary and printing for a series of weekly programs for over 100 seniors, targeting the CALD community. The program aims to offer culturally rich social, recreation and education programs.

$ 0.00

 

$  5,650.00

 

B

$ 0.00

$ 5,400.00

9a

Guriwal Aboriginal Corporation

Community Cultural Arts Workshops

Cash funds for catering, venue hire, and art & craft supplies to hold traditional Aboriginal art painting workshops for the Aboriginal elders in La Perouse and surrounding areas.

$ 0.00

$ 2,000.00

A

$ 0.00

$ 2,000.00

9b

Guriwal Aboriginal Corporation

Breast Cancer Morning Tea

In-kind funds for use of Prince Henry Centre to hold the annual Breast Cancer Fundraising Morning Tea.

$ 1,351.00

$ 0.00

A

$ 1,400.00              

$ 0.00                

10

Indonesian Welfare Association Inc.

Indonesian Support Group Maroubra

In-kind funds to use the Maroubra Seniors Centre weekly between April 2013 and March 2014 for the Indonesian Support Group meetings. The group aims to prevent social isolation, providing community education to assist access to available services.

$ 3,264.00

$ 0.00

A

 $ 3,264.00   

$ 0.00

11

Kingsford Chamber of Commerce Inc

Kingsford Smith Art mural

Cash funds towards hiring an artist to design and paint a mural around the tiled image of Charles Kingsford Smith at Kingsford.  The mural may include a map of his journeys, written information on Charles Kingsford Smith.

$ 0.00

$ 15,000.00

B

$ 0.00

$10,000.00

12

Maroubra Bodyboarders Inc.

Bodyboard Club Contests 2012

In-kind funds for multiple use of Maroubra Beach for their bodyboard contests.

 $ 4,113.60

$ 0.00

B

 $ 4,113.60

$ 0.00

13

Southend Boardriders Maroubra

Monthly Surfing Competitions

In-kind funds for use multiple of Maroubra Beach for multiple surfing competitions.

 $ 4,113.60

$ 0.00

B

 $ 4,113.60

$ 0.00

18

Gayatri Bhatt

Randwick Community – Art of Creative Writing Cash funds to support a series of workshops (16 weeks) for senior CALD Randwick residents to develop their creative writing skills culminating in the production of a booklet of their writings.

$ 0.00

$ 1,000.00

A

$ 0.00

$ 1,000.00

 

Total

$14,591.20

$22,304.39

Total

$ 36,895.59


2012/2013 CULTURAL AND COMMUNITY GRANTS PROGRAM

 

APPLICATIONS NOT RECOMMENDED FOR FUNDING – MARCH 2013 ASSESSMENT

 

No.

Organisation

Name of Project

Amount Requested

Rank

Reason for not recommending- future action

In kind

Cash

1

Centennial Parklands Foundation

Pump House Social Inclusion Community Art Project

Request for cash funds to hire a professional art worker to run a series of community workshops. Through these workshops socially and economically disadvantaged Randwick residents would work together with the art worker to design and produce a site specific mixed media art work mural at the Pump House, near Paddington gates. Part of the requested funds would also be used to purchase materials.

Junction Neighbourhood Centre is a partner in this proposed project.

$ 0.00

$5,600.00

C

Assessed as low priority

2

Coogee Community Garden

Coogee Community Garden beautification project

Request for cash funds to hire an artist/s to work with community garden members to develop an artistic theme of murals that link the main structures of the garden. Garden Club members would join the artist in delivering the beautification project through working bees. Cash funds are also requested for supplies.

$ 0.00

$10,000.00

N/A

Single interest group - not eligible

 

3

Coogee Surf Life Saving Club

Sydney R&R Carnival

Request for in-kind funds to use Coogee Beach for surf life savings events

$ 155.00

$ 0.00

N/A

Event held before assessment, ineligible because Council cannot retrospectively fund project

7

Get Active Randwick (Auspice Rotary Club of Randwick)

Get Active Randwick

Request for in-kind funds for use of Grant Reserve for a whole day festival to bring people together to try a variety of low-impact fitness and health activities that suit all fitness levels. Cash funds are also requested for advertising, graphic artist, liability insurance and printing.

 $ 167.00

 $ 5,936.04

C

Assessed as low priority

14

St Paul’s Anglican Church

Carols by the Sea

Request for: in-kind funds for the use of Grant Reserve, cash funds to contribute to sound and lighting for their yearly carols by candlelight event.

$1,504.70

$ 2,000.00

N/A

Not eligible as per Council Resolution (Ordinary Meeting 22/03/2011): to “endorse the concept of ‘packaging up’ similar events to achieve more effective and better quality events, by increasing funding to two local Christmas Carols events in South Maroubra (Village Green) and in Matraville (Barwon Park), so that Council will fund or sponsor only 3 larger Christmas Carols (including Coogee Carols), to apply in the new 2011-12 financial year and beyond”.

15

St Vincent de Paul Society – Marian Villa Women’s Refuge

Safe from the start project

Cash funds to purchase a play therapy resource kit for children at their refuge who have witnessed domestic violence

$ 0.00

$580.00

N/A

Not suitable for the Cultural and Community Grants Program - application withdrawn on 6 March 2012

16

Urban Arts Base

Art with impact

Request cash funds for staff wages, support costs, materials, and volunteer costs. The aim of the Art with Impact project’ is to create a short film that represent and highlight the positive effects that art music and other creative outlets can have on young people who are recovering from a mental health issue.

$ 0.00

$ 8,200.00

N/A

Not enough information supplied. Activities not in the LGA.

17

Working From the Ground Up

Loneliness and Connection

Request cash funds to produce a video by local residents to capture stories of their culture and others in the Solder’s Settlement.  Funds also requested to produce a photo book, and hire sound & screen for showing the video at the Family Fun Day.

$ 0.00

$3,300.00  

C

Assessed as low priority

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

General Manager's Report No. GM5/13

 

 

Subject:                  Internal Audit Committee - Extension of term

Folder No:                   F2012/00489

Author:                   Deirdre Cooper, Internal Auditor     

 

Introduction

 

Randwick City Council established an Internal Audit Committee (Committee) in 2009. The membership of the Committee consists of the Mayor, three external independent appointments and the General Manager (with observer status only). The Internal Auditor also attends all meetings. The three independent external members were appointed for the term of Council. They are now eligible for extension or re-appointment. The purpose of this report is to update Councillors on the performance of the Audit Committee for the year and to consider the reappointment of the three independent members.

 

Issues

 

The current external Committee members are:

 

·      Mr David Mead - extensive high level local government experience

·      Mr Carl Millington - qualifications and extensive experience in the auditing industry

·      Mr Jeremy Bingham - qualifications and extensive experience in the legal industry, with particular experience in local government law.

 

As required by the Audit Committee Charter, a review of the performance of the Audit Committee was undertaken by the General Manager and as a self-assessment by the Committee itself. The attached report reflects the findings of this review.  

 

The Audit Committee members attended the Councillor Briefing on 19 February 2013, whereby they responded to questions from the Councillors regarding audit and probity at Randwick City Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1c:             Continuous improvement based on accountability, transparency and good governance.

 

Financial impact statement

 

Funding for the three external positions has been allowed for in the 2012/13 budget.

 

Conclusion

 

The purpose of the Audit Committee self assessment is to provide a level of accountability against the Randwick City Council Audit Committee Charter (attached). The self review concluded that the information provided by the organisation was adequate and as such the Committee was effectively performing its function. 

 

The external Committee members have provided independence and a high level of knowledge and experience to the Committee.  It is considered that the particular combination of experience and skill brought to the Committee by the current members is desirable and would not be easily replicated.

 

 

Recommendation

 

That the three current external members of the Internal Audit Committee be reappointed for a further term of Council.

 

 

Attachment/s:

 

1.View

Audit Committee Charter

 

2.View

Audit Committee - Self-assessment summary report 2012

 

 

 

 


Audit Committee Charter

Attachment 1

 

 

AUDIT COMMITTEE CHARTER

 

1.      Objective

The objective of the Internal Audit Committee (Committee) is to provide independent assurance and assistance to Randwick City Council on areas including risk management, control, legislative compliance and external accountability responsibilities.

 

2.      Authority

The Council authorises the Committee, within the scope of its role and responsibilities, to:

 

·      Obtain any information it needs from any employee or external party (subject to their legal obligations to protect information).

·      Discuss any matters with the external auditor or other external parties (subject to confidentiality considerations).

·      Request the attendance of any employee or councillor at Committee meetings.

·      Obtain external legal or other professional advice considered necessary to meet its responsibilities.

 

3.      Composition and Tenure

The Committee will consist of:

 

3.1 Members (voting)

·      Mayor

·      3 independent external members (one to be the Chair)

 

3.2 Attendee (non-voting)

·      General Manager

·      Internal Auditor

 

3.3 lnvitees (non-voting) for specific Agenda items

·      Representatives of the external auditor

·      Other officers may attend by invitation as requested by the Committee.

 

The independent external members will be appointed for the term of council, after which they will be eligible for extension or re-appointment following a formal review of their performance.

 

The members of the Committee, taken collectively, will have a broad range of skills and experience relevant to the operations of Randwick City Council. One member of the Committee shall have auditing or related financial management qualifications and experience, with understanding of accounting and auditing standards in a public sector environment. One member shall have relevant qualifications and extensive high level local government experience, but no longer working in the industry. One member shall have qualifications and extensive experience in the legal industry, with particular experience in local government law.

 


4.      Role and Responsibilities

The Committee has no executive powers, except those expressly provided by the Council.

 

In carrying out its responsibilities, the Committee must at all times recognise that primary responsibility for management of Council rests with the Council and the General Manager as defined by the Local Government Act.

 

The responsibilities of the Committee may be revised or expanded by the Council from time to time. The Committee's responsibilities are:

 

4.1 Risk Management

·      Review whether management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud.

·      Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings;

·      Review the impact of the risk management framework on its control environment and insurance arrangements; and

·      Review whether a sound and effective approach has been followed in establishing business continuity planning arrangements, including whether plans have been tested periodically.

 

4.2 Control Framework

·      Review whether management has adequate internal controls in place, including over external parties such as contractors and advisors;

·      Review whether management has in place relevant policies and procedures, and these are periodically reviewed and updated;

·      Progressively review whether appropriate processes are in place to assess whether policies and procedures are complied with;

·      Review whether appropriate policies and procedures are in place for the management and exercise of delegations; and

·      Review whether management has taken steps to embed a culture which is committed to ethical and lawful behaviour.

 

4.3 External Accountability

·      Satisfy itself that the annual financial reports comply with applicable Australian Accounting Standards and are supported by appropriate management sign-off on the statements and the adequacy of internal controls.

·      Review the external audit opinion, including whether appropriate action has been taken in response to audit recommendations and adjustments.

·      To consider contentious financial reporting matters in conjunction with council's management and external auditors.

·      Review the processes in place designed to ensure financial information included in the annual report is consistent with the signed financial statements.

·      Satisfy itself there are appropriate mechanisms in place to review and implement, where appropriate, relevant State Government reports and recommendations.

·      Satisfy itself there is a performance management framework linked to organisational objectives and outcomes.

 


4.4 Legislative Compliance

·      Determine whether management has appropriately considered legal and compliance risks as part of its risk assessment and management arrangements.

·      Review the effectiveness of the system for monitoring compliance with relevant laws, regulations and associated government policies.

 

4.5 lnternal Audit

·      Act as a forum for communication between the Council, General Manager, senior management, internal audit and external audit.

·      Review the internal audit coverage and lnternal Audit Plan and approve the plan.

·      Consider the adequacy of internal audit resources to carry out its responsibilities, including completion of the approved lnternal Audit Plan.

·      Review all audit reports and consider significant issues identified in audit reports and action taken on issues raised, including identification and dissemination of better practices.

·      Monitor the implementation of internal audit recommendations by management.

·      Ensure appropriate organisational structures, authority, access and reporting arrangements are in place.

·      Periodically review the performance of lnternal Audit.

 

4.6 External Audit

·      Act as a forum for communication between the Council, General Manager, senior management, internal audit and external audit.

·      Provide input and feedback on the financial statements and audit coverage proposed by external audit, and provide feedback on the external audit services provided.

·      Review all external plans and reports in respect of planned or completed external audits, and monitor the implementation of audit recommendations by management.

·      Consider significant issues raised in relevant external audit reports and better practice guides, and ensure appropriate action is taken.

 

4.7 Responsibilities of Members

Members of the Committee are expected to:

 

·      Understand the relevant legislative and regulatory requirements appropriate to Randwick City Council.

·      Contribute the time needed to study and understand the papers provided.

·      Apply good analytical skills, objectivity and good judgment.

·      Express opinions frankly, ask questions that go to the fundamental core of issues, and pursue independent lines of enquiry.

 

5.      Reporting

At the first Committee meeting after 30 June each year, lnternal Audit will provide a performance report of:

 

·      The performance of lnternal Audit for the financial year as measured against agreed key performance indicators.

·      The approved lnternal Audit Plan of work for the previous financial year showing the current status of each audit. The Committee may, at any time, consider any other matter it deems of sufficient importance to do so. In addition, at any time an individual Committee member may request a meeting with the Chair of the Committee.

 


6.      Administrative Arrangements

6.1 Meetings

The Committee will meet at least four times per year, with one of these meetings to include review and endorsement of the annual audited financial reports and external audit opinion.

 

The need for any additional meetings will be decided by the General Manager, Council or the Chair of the Committee, though Committee members may make requests to the Chair for additional meetings.

 

A forward meeting plan, including meeting dates and agenda items, will be agreed by the Committee each year. The forward meeting plan will cover all Committee responsibilities as detailed in this Audit Committee Charter.

 

6.2 Attendance at Meetings and Quorums

A quorum will consist of a majority of Committee members, including at least one independent member. Meetings can be held in person, by telephone or by video conference.

 

The lnternal Auditor will be invited to attend each meeting unless requested not to do so by the General Manager, Council or Chair of the Committee. The Committee may also request the Chief Finance Officer or any other employees to participate for certain agenda items, as well as the external auditor.

 

6.3 Secretariat

The Committee has appointed the lnternal Auditor to provide secretariat support to the Committee. The Secretariat will ensure the agenda for each meeting and supporting papers are circulated, at least one week before the meeting, and ensure minutes of the meetings are prepared and maintained. Minutes shall be approved by the Chair and circulated to each member within three weeks of the meeting being held.

 

6.4 Conflicts of Interest

Committee members must declare any conflicts of interest at the start of each meeting or before discussion of a relevant agenda item or topic. Details of any conflicts of interest should be appropriately minuted.

 

Where members or invitees at Committee meetings are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from Committee deliberations on the issue where the conflict of interest may exist. The final arbiter of such a decision is the Chair of the Committee.

 

6.5 Induction

New members will receive relevant information and briefings on their appointment to assist them to meet their Committee responsibilities.

 

6.6 Assessment Arrangements

The Chair of the Committee will initiate a review of the performance of the Committee at least once every two years. The review will be conducted on a self-assessment basis (unless otherwise determined by the Chair), with appropriate input from management and any other relevant stakeholders, as determined by the Chair.

 

6.7 Review of Audit Committee Charter

At least once every two years the Audit Committee will review this Audit Committee Charter.

 

The Audit Committee will approve any changes to this Audit Committee Charter.


Audit Committee - Self-assessment summary report 2012

Attachment 2

 

 

Randwick City Council Audit Committee self-assessment questionnaire and General Manager Summary Report

 

The review of the Audit Committee was undertaken by the General Manager and as a self-assessment by the Committee itself. The questionnaire was based on the Australian National Audit Office's sample self assessment and this report will be submitted for discussion at the Audit Committee meeting held in March 2013.

       

Audit committee charter  

All agreed or strongly agreed that the charter articulated the Committee’s roles and responsibilities and provided the Committee with the necessary authority to fulfil them, facilitated and supported the effective operation of the Committee and ensured sufficient independence from the management of Council.

 

All but one member agreed or strongly agreed that the Committee had adequately addressed all of its responsibilities under the charter in the past 12 months. One member disagreed that this was the case or that arrangements were in place to rectify this within the next 12 months. He commented that the performance reports required by clause 5 of the charter were not on the agenda for the Audit Committee meeting of 8/8/12 and that the review of the charter required by clause 6.7 appeared to be overdue.   (Note: performance reports were provided to the Committee’s August meeting, further information will be provided at the November meeting and the charter will be reviewed at the November meeting).

 

The General Manager strongly agreed that the Committee had adequately addressed all of its responsibilities detailed in the charter in the past 12 months and that the charter ensured that the Committee was sufficiently independent from the management of Council.

 

Skills and experience        

All agreed or strongly agreed that the skills mix of the Committee allowed it to effectively perform its assigned responsibilities, that the Committee had responded appropriately where it has been apprised of significant risks or control breakdowns, that it was probing, challenging and open to new ideas and different views in its deliberations, and it had access to appropriate resources to assist it to deal with complex matters in a timely manner.

 

The General Manager strongly agreed that the mix of skills of the Committee allowed it to effectively perform its assigned responsibilities and that the Committee had been sufficiently probing and challenging in its deliberations.

 

Understanding the Council        

All agreed that the Committee had sufficient understanding and appreciation of Council’s risk management framework and control framework. All agreed or strongly agreed that the Committee sufficiently understood the financial and statutory reporting and legislative compliance arrangements. All but one, who did not provide a rating, agreed that the Committee received appropriate briefings on risks and developments in relevant areas.

 


Meeting administration and conduct

All agreed or strongly agreed that meeting administration and conduct of meetings including frequency, agenda structure, timeliness and quality of information and minutes, and running of the meetings allowed the Committee to properly discharge its duties. All agreed that the agenda-setting process allowed all necessary items to be included and that Committee members were given the opportunity to be usefully briefed prior to meetings.

 

Internal Audit   

All agreed or strongly agreed that the Committee appropriately reviewed and approved the internal audit program and addressed its responsibilities to review and consider internal audit reports and identified issues. All agreed that the Committee considered the adequacy of internal audit resources, reviewed and approved significant changes to the internal audit plan and considered the performance of internal audit.

 

One strongly agreed and one agreed that the Committee reviewed the internal audit charter, the others neither disagreed nor agreed, or disagreed.

 

External Audit  

All agreed or strongly agreed that the Committee reviewed external audit reports and management letters and considered management responses to findings and recommendations.

 

 

  


Ordinary Council                                                                                                   26 March 2013

 

 

Director Governance & Financial Services Report No. GF12/13

 

 

Subject:                  2013 National General Assembly of Local Government

Folder No:                   F2004/07432

Author:                   Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

The 2013 National General Assembly (NGA) of Local Government will be held in Canberra from 16-19 June.  The NGA is the principal conference of the Australian Local Government Association (ALGA) and the theme of this year’s conference is ‘Foundations for the Future – Twenty13’.

 

Issues

 

Under the theme ‘Foundations for the Future – Twenty13’ this year’s Assembly will focuses on our future as a nation.

 

The President of the ALGA has written to Councils indicating that;

 

·      ‘At a local level we need to build the resources and capacity to strengthen our communities and position our communities into the future.’

 

·      ‘The NGA is your opportunity to make sure that your Council’s view is reflected in the national priorities indentified for local government.’

 

Relationship to city plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1a:      Council has a long-term vision based on sustainability.

Direction 1b:      Council is a leader in the deliver of social, financial and operational activities.

 

Financial impact statement

 

Councillors’ attendance at conferences has been allowed for in the 2012-13 budget.

 

Conclusion

 

This is an important conference for Local Government throughout Australia as it is the only conference where the States come together to discuss Local Government specific issues.

 

 

Recommendation

 

That any Councillors interested in attending 2013 National General Assembly of Local Government advise the General Manager as soon as possible for registration purposes.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director Governance & Financial Services Report No. GF13/13

 

 

Subject:                  Affixing of the Seal - Purcell Park, Matraville

Folder No:                   F2011/07367

Author:                   Sharon Plunkett, Property Coordinator     

 

Introduction

 

At the ordinary Council meeting on 24 June 1986 Council resolved to affix the Council seal to a 20 + 20 year lease agreement with Amcor Limited (Amcor Packaging (Australia) Pty Ltd) for the lease of Purcell Park at 67R Australia Avenue, Matraville.  The lease has now expired and the twenty year option is due to be executed.

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

The lease commenced on 24 June 1992 and expired on 23 June 2012.  The option period commenced on 24 June 2012 and expires on 23 June 2032.  In accordance with the terms of the lease agreement the option was exercised on 24 December 2011.

 

The option is based on the same terms and conditions as the lease.  The permitted purpose use of the land is use as a public park.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

Financial impact statement

 

Upon signing the lease the annual rental payable to Amcor Packaging (Australia) Pty Ltd is $1.00 + GST per annum.

 

Conclusion

 

As Clause 400 (part 13) of the Local Government (General) regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

A copy of the licence will be available for Councillors (from Council’s Manager Administrative Services) at the Council meeting.

 

 

 

Recommendation

 

That authority be granted to affix the Common Seal of the Council to a lease agreement with Amcor Packaging (Australia) Pty Ltd for a period of twenty (20) years commencing 24 June 2012 for the property known as Purcell Park located at 67R Australia Avenue, Matraville.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director Governance & Financial Services Report No. GF14/13

 

 

Subject:                  Investment Report - February 2013

Folder No:                   F2004/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires a written report to be provided to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s investments.

                         

The table in this report titled “Investment Register – February 2013” outlines the investment portfolio held by Council as at the end of February 2013. All investments have been made in accordance with the Act, Regulations and Council's Investment Policy.

 

Investment Commentary

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipt of the Financial Assistance Grant.

 

Expenditure during the period was incurred for capital works, payroll and miscellaneous expenses. Main income sources were rates income, grants and miscellaneous fees and charges.

 

The investment portfolio increased by $4.907 million during February 2013. The increase is representative of a positive cash flow for the month as income exceeded expenditure. There was an unrealised capital gain on investments for February of $11,168.27.

 

 

 

 

 

 

 

 

 

 

 

 

The above graph illustrates the movement in the investment portfolio from February 2007 to February 2013. Peaks are representative of the rates instalment periods.

 

 

The above graph illustrates the movement in the investment portfolio for the period February 2012 to February 2013.

 

The investment portfolio is diversified across a number of investment types and is spread across a number of financial institutions. The various investment types may include managed funds, term deposits, rolling rate investments, floating rate notes and on‑call accounts.

 

The following graph indicates the allocation of investment types held at the end of February 2013.

 

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of Council's portfolio. Independent advice is sought on new investment opportunities.

 

The following graph shows the investment returns achieved against the UBS Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the period February 2007 to February 2013.

 

 

The following graph shows the investment returns achieved against the UBS Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the previous twelve months.

 

 

Investment performance for the financial year to date is above the industry benchmark UBS Australian Bank Bill Index with an average return after fees of 4.23% compared with the benchmark index of 3.21%.

The official Reserve Bank of Australia (RBA) cash interest rate at the end of February was 3.00% and remained unchanged at the meeting held on the 5 March 2013.

 

Credit Quality of Portfolio

 

The credit quality of the portfolio is of very high quality with approximately 80% of assets rated “A” or better. The 17% allocation to “BBB” reflects the short-dated term deposits with regional banks; while the 3% unrated allocation reflects the investment in the Blackrock fund. The credit quality maximums as per Council policy and the actual portfolio holdings are shown in the table below.

 

Credit Quality

Maximum

Credit Quality (Holding)

Capacity

 

 

 

 

AAA

100%

5%

95%

AA

80%

45%

35%

A

60%

30%

30%

BBB

40%

17%

23%

Unrated - Grandfathered

20%

3%

17%

Below BBB

20%

0%

20%

 

 

 

 

 

 

 

 

 

 

Ministerial Investment Order

 

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the Ministerial Investment Order dated 31 July 2008. This Ministerial Investment Order included transitional arrangements that allow councils to continue to hold investments that were made in compliance with the previous Ministerial Order dated 15 July 2005. Council’s investment portfolio contains a number of investments that fall into this category including both Managed Funds and Structured Products.

 

A revised Investment Order was issued on the 12 January 2011, which replaces the Order dated 31 July 2008 and includes changes that:

 

Ÿ      remove the ability to invest in the mortgage of land;

Ÿ      remove the ability to make a deposit with the Local Government Financial Services Pty      Ltd;

Ÿ       and includes the addition of “Key Considerations” with a comment that a council’s General Manager, or any other staff, with delegated authority by a council to invest in funds on behalf of the council must do so in accordance with the council’s adopted investment policy.

 

Managed Funds

 

Investment

Product Type

Credit

Rating

Par Value

Market Value

Blackrock

Care & Maintenance Fund

Collective Investment

Not Rated

1,697,842

1,793,148

 

 

The Blackrock Care & Maintenance Fund (CMF) created following the closure of the Blackrock Diversified Credit Fund (DCF) is a pure credit fund in a long-term runoff strategy and does not have an exit/redemption facility.  The CMF returns cash to investors through period capital and income distributions whenever there is sufficient cash to offset any currency/hedging requirements within the portfolio. The portfolio is closed to new investments and is being liquidated in a controlled fashion in order to maximise returns to investors.

 

Council’s option to let the underlying assets run to maturity/recovery through the CMF strategy has seen the return of over 60% of its original capital, plus income distributions, over the past 3.5 years without suffering any further defaults post global financial crisis (GFC). During the aftermath of the GFC, the CMF performed exceptionally well with an outstanding 3 year return of 11.32%p.a, outperforming bank bills by +680bps. Since inception (around 3.5 years), the performance of the CMF has also been strong, returning around +160bps over bank bills.

 

The fund continues to be held by a custodian (UBS Wealth Management Aust) in an account in Council’s name. The manager’s intention was to retain the assets, distributing them as they matured/were called or traded near par/fair value. The hope was that this would enable the majority to be sold within 3 years of the resolution of the credit market failure accompanying the GFC. This has not occurred – while asset prices have significantly improved from distressed levels, and the ability to find buyers in volume remains restricted.

Given the volatile financial environment, the fund manager has conservatively estimated a five year timeframe in order to liquidate the remaining portfolio.

 

Council’s investment advisors CPG Advisory have indicated that they strongly recommend against any attempt to liquidate the CMF given the experience in liquidating the last of the Blackrock DCF. The last few assets sold traded at nearly 20% discount to carrying values. In the interim the very high yield provides strong income while investors wait.

 

Floating Rate Notes

 

The investment portfolio includes $17.486 million in floating rate notes (FRN).

 

The National Australia Bank FRN was purchased at a capital price of $3,006,360.00, the premium of $6,360.00 will be amortised on payments of the quarterly coupons. The amortised amount to date is $3,036.13 bringing the book value to $3,003,323.87

 

The ING Bank FRN was purchased on 21 June 2012 at a capital price of $1,979,713.01. The discount of $20,286.99 will be amortised on payment of the quarterly coupons. The amortised amount to date is $3,374.31 bringing the book value to $1,983,087.32.

 

The balance of the FRN’s is held by the CBA for $4,000,000.00, Westpac for $4,000,000.00 Macquarie Bank for $2,000,000.00 and Bendigo Adelaide Bank for $2,500,000.00.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1c:      Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in 2012-13 and outperforming the UBS Australian Bank Bill Index over a 12 month period.  The revised budget provision as at the December quarterly review for income from this source is $2,374,540.00.  Investment income to 28 February 2013 amounted to $2,021,757.56. Council’s investment portfolio continues to exceed estimated levels at this point in time and will be significantly reduced in the second half of the current financial year with the completion of major capital projects, such as the Des Renford Leisure Centre and part of Heffron Park and Chifley Reserve. Cash rates also continue to remain low and this also has an impact on actual interest received.

Following is the detailed Investment Report – February 2013
Conclusion

 

All investments as at 28 February 2013 have been made in accordance with Council Investment Policy. All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Changes to the economic climate and financial markets are being closely monitored. Appropriate adjustments to the investment strategy will continue to be made as required.

 

 

Recommendation

 

That the investment report for February 2013 be received and noted.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   26 March 2013

 

 

Director Governance & Financial Services Report No. GF15/13

 

 

Subject:                  Investment Policy

Folder No:                   F2004/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Division of Local Government (DLG) has published Investment Policy Guidelines that recommend that councils review their investment policy on an annual basis.

 

Council’s investment policy was last reviewed in September 2011.

 

Issues

 

The investment policy establishes the framework that Council adopts in investing its surplus funds having due consideration of all legislative requirements. The policy ensures that Council officers exercise care, diligence and skill that a prudent person would exercise in investing Council funds.

 

The only amendment to the existing policy is the removal of the clause regarding the Financial Claims Scheme (FCS) which was introduced at the time of the Global Financial Crisis (GFC). The FCS originally provided a government guarantee on all deposits up to a value of $1 million per institution. Council took advantage of this guarantee where ever possible to ensure security on Council funds.

 

The FCS scheme has now been scaled back and only applies to the first $250,000 deposited with a financial institution. With the size of Council’s investment portfolio, investment decisions are now founded on the policy provisions regarding credit ratings, terms to maturity and counterparty exposure.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  1.     Leadership in Sustainability.

Direction:  1c.   Long term financial viability is achieved.

 

Financial impact statement

 

The updated policy provides a framework that maximises investment returns giving due regard to minimising risks associated with the investment of Council’s surplus funds.

 

Conclusion

 

The updated policy is attached for consideration/adoption.

 

 

Recommendation

 

That the attached Investment Policy be adopted.

 


Attachment/s:

 

1.View

Draft Investment Policy

 

 

 

 


Text Box: Effective Date: 26 March 2013	Review Date: March 2014
Contact Officer: Greg Byrne	Position Title: Manager Financial Operations
TRIM Document Number: 	TRIM folder: F2004/06527

Text Box: GOVERNANCE AND FINANCIAL SERVICESText Box: Investment Policy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Randwick City Council

30 Frances Street

RANDWICK NSW 2031

www.randwick.nsw.gov.au

ph: (02) 9399 0999

e: general.manager@randwick.nsw.gov.au
1. Objectives

Preservation of capital is the principal objective of the investment portfolio. Investments are to be placed in a manner that safeguards the investment portfolio. This includes managing credit and interest rate exposure risk within identified thresholds and parameters.

 

Other objectives include:

 

·      to maximise the return to Council in line with all requirements of the policy;

·      to comply with the legislative requirements and regulations relevant to the management of Council’s investments;

·      to ensure sufficient liquidity to meet all cash flow requirements

·      to establish a framework for monitoring investments. Investments are expected to achieve a market average rate of return in line with Council’s risk tolerance;

·      to confirm delegations and other relevant governance matters in relation to Council’s investments.

·                 

2. Legislation

Legislative & regulatory references

All investments are to comply with the following:

 

·      Local Government Act (1993) Section 625;

·      Local Government (General) Regulation (2005) Clause 212;

·      Ministerial Investment Order dated 12 January 2011;

·      The Trustee Amendment (Discretionary Investments) Act(1997) – Section 14;

·      Local Government Code of Accounting Practice and Financial Reporting;

·      Australian Accounting Standards;

·      Division of Local Government Investment Policy Guidelines; and

·      Division of Local Government Circulars

 

Authorised Investments

All investments must be denominated in Australian Dollars.  Authorised Investments are limited to those allowed by the Ministerial Investment Order and include:

 

·      Commonwealth / State / Territory Government securities e.g. bonds;

·      Interest bearing deposits / senior securities issued by an eligible ADI;

·      Bills of Exchange, (< 200 days duration) guaranteed by an ADI;

·      Debentures issued by a NSW Council under Local Government Act (1993);

·      Investments with T-Corp &/or Investments in T-Corp Hour Glass Facility; and

·      Existing investments grandfathered under the Ministerial Investment Order.

 

Prohibited Investments

This investment policy prohibits the following types of investment:

 

·      Derivative based instruments (e.g. Collateralised Debt Obligations - CDO).

·      Principal only investments or securities that provide potentially nil or negative cash flow.

·      Stand alone securities issued that have underlying futures, options, forwards contracts and swaps of any kind.

This policy also prohibits the use of leveraging (borrowing to invest) of an investment.

3. Authority

Delegated authority

Authority for implementation of the Investment Policy is delegated by Council to the General Manager in accordance with the Local Government Act (1993). The General Manager has in turn delegated the day-to-day management of Councils investment to those currently recorded in the Delegated Authority register.

 

Delegated officers are required to acknowledge they have received a copy of this policy and understand their obligations in this role when investing funds on behalf of Council in accordance with this policy.

 

Adequate controls are in place to safeguard Council’s assets, such as the separation of duties in relation to authorising and executing transactions through the requirement of two authorised signatories for each transaction.


Delegation ref: RF003

 

Finance – Investments

 

To invest in such securities as authorised under the Local Government Act, and as deemed necessary, cash and other funds of the Council which may from time to time be surplus to Council’s immediate and future needs, subject to a report of all Council investments being submitted to Council on a monthly basis.

 

Sub-delegations to staff

 

Director Governance & Financial Services

Manager Financial Operations

Manager Corporate & Financial Planning

Coordinator Revenue

Senior Management Accountant

Senior Corporate Accountant

Financial Operations Accountant

Management Accountant

Management & Systems Accountant

 

 

4. Capital security, liquidity and maturity

Credit quality targets & limits

Credit guidelines to be adopted reference the Standard &  Poors  (S&P) ratings system criteria and format – however, references to the Minister’s Order also recognise Moody’s and Fitch Ratings and any of the three may be used where available.

 

Ratings in no way guarantee the investment or protect Council against investment losses. The prescribed ratings should not be misinterpreted as an implicit guarantee of investments or entities that have such ratings. Even given this challenge, ratings provide the best independent information available.

 

Since credit ratings cannot be considered a consistent indicator of risk across different investment types, to provide a more effective risk management framework, this policy sets different exposure and duration terms for different categories of investments.

 

The following table provides a comparison of the rating equivalents between the different rating agencies:

 

 

 

 

 

 

 

Moody's

S&P

Fitch

 

Long Term

Short Term

Long Term

Short Term

Long Term

Short Term

Prime

Aaa

P1

AAA

A1+

AAA

F1+

High
Grade

Aa1

AA+

AA+

Aa2

AA

AA

Aa3

AA-

AA-

Upper Medium Grade

A1

A+

A1

A+

F1

A2

A

A

A3

P2

A-

A2

A-

F2

Lower Medium Grade

Baa1

BBB+

BBB+

Baa2

P3

BBB+

A3

BBB+

F3

Baa3

BBB-

BBB-

Non-Investment Grade Speculative

Ba1

Not Prime

BB+

B

BB+

B

Ba2

BB

BB

Ba3

BB-

BB-

Highly Speculative

B1

B+

B+

B2

B

B

B3

B-

B-

 

The maximum holding limit in each rating category and the target credit quality weighting for Council’s portfolio shall be:

 

 

Long Term
Rating Range

Maximum Holding

(or Moody’s, Fitch equivalent)

AAA Category

100%

AA Category

100%

A Category

60%

BBB Category

20%

 

If any of Council’s investments are downgraded such that they no longer fall within these policy guidelines, they will be divested as soon as is practicable.

 


Terms to maturity

The term to maturity framework is structured around the cash requirements of the Council and the management of liquidity risk. The investment portfolio will diversify its maturity profile within the following term to maturity constraints.

 

Investment Horizon

Minimum Allocation

Maximum Allocation

Description

Maturity Date

Working capital funds

0-3
months

10%

100%

Short term funds

3-12 months

20%

100%

Short-Medium term funds

1-2
years

0%

70%

Medium term funds

2-5
years

0%

50%

Long term funds

5-10
years

0%

25%

 

 

Under normal circumstances when investing surplus funds, any short term investments should have a Standard & Poors equivalent short term rating of at least A-2, while any long term investments should have a Standard & Poors equivalent long term rating of at least A.

 

5. Diversification

 

Counterparty exposure

 

Exposure to individual counterparties / financial institutions will be restricted by their rating so that single entity exposure is limited, as detailed in the table below. 

 

Percentage limits in the table refer to percentages of the total portfolio. It excludes any government guaranteed investments.

 

This table does not apply to any grandfathered managed fund or structured investment where it is not possible to identify a single counterparty exposure.

 

100% Commonwealth Government and Government-guaranteed deposits are included in the AAA category, but without any upper limit applying to the government as counterparty.

 

 

 

 

 

Individual Institution or Counterparty Limits

Long Term Rating Range

Short Term Credit Ratings

Limit by Credit Rating

(or Moody’s, Fitch  equivalent)

AAA Category

A-1+

30%

AA Category

A-1+

30%

A Category

A-2

15%

BBB Category

A-3

5%

 

 

6. Risk management

 

Risk management guidelines

Investments are to be considered in light of the following key criteria:

 

Preservation of capital – the requirement for preventing losses in an investment portfolio’s total value.

 

Interest rate risk – the sensitivity of the value of assets, liabilities and future cash flows to a change in interest rates.

 

Credit default risk – the risk that a party or guarantor to a transaction will fail to fulfil its obligations. In the context of this document it relates to the risk of loss due to the failure of an institution/entity with which an investment is held to pay the interest and/or the principal of an investment.

 

Diversification – the requirement to place investments in a broad range of products so as not to be over exposed to a particular sector of the investment market.

 

Liquidity risk – the risk an investor is unable to redeem the investment at a fair price within a timely period thereby incurring additional costs.

 

Market risk – the risk that the fair value or future cash flows of an investment will fluctuate due to changes in market prices, or benchmark returns unexpectedly overtake the investment’s return.

Maturity risk – the risk relating to the length of the term to maturity of the investment. The longer the term , the greater the length of exposure and the risk to market volatilities.

Rollover risk – the risk that income will not meet expectations or budget because interest rates are lower than predicted in the future.

 

7. Legal title

 

When a user of funds obtains finance from the provider of funds, the user must prepare a document that clearly defines the contractual arrangement that has been agreed. This is known as a “financial instrument”. When Council enters into a financial instrument, it is important that the financial instrument clearly shows it is held in the name of Randwick City Council.

 

Safe Custody arrangements

Investments may be held in safe custody on Council’s behalf, as long as the following criteria are met:

·      Council retains beneficial ownership of all investments.

·      Adequate documentation is provided, verifying the existence of the investments.

·      The Custodian conducts regular reconciliation of records with relevant registries and/or clearing systems.

·      The Institution or Custodian recording and holding the assets will be:

·      Austraclear or;

·      An institution with an investment grade Standard and Poor’s or Moody’s    or Fitch rating; or

·      An institution with adequate insurance, including professional indemnity insurance and other insurances considered prudent and appropriate to             cover its liabilities under any agreement.

·                  

8. Benchmarks

 

Performance Benchmarks

The performance of each investment will be assessed against the benchmarks listed in the table below.

 

It is Council’s expectation that the performance of each investment will be greater than or equal to the applicable benchmark by sufficient margin to justify the investment taking into account its risks, liquidity and other benefits of the investment.

Investment

Performance
Benchmark

Time Horizon

11 am Account, short dated bills, deposits issued by financial institutions of appropriate term.

Official RBA
Cash Rate

3 months
or less

Term Deposits of appropriate remaining term, FRN’s nearing maturity.

UBSA Bank Bill
Index (BBI)

3 to 12 months

Term Deposits with a maturity date between 1 and 2 Years, FRN’s.

UBSA Bank Bill
Index (BBI)

1 to 2 years

FRN’s, Bonds, Term deposits with a maturity date between 2 and 5 Years. Grandfathered Income Funds.

UBSA Bank Bill
Index (BBI)

2 to 5 Years

T-Corp Hour Glass Managed Funds

Fund’s Internal Benchmark

3 Years
(Med-Term)
5+ Years
(Long term)

 

9. Monitoring and reporting

Reporting & Reviewing Requirements (Accounting)

Documentary evidence must be held for each investment and details maintained in an investment register.  The documentary evidence must provide Council legal title to the investment.

All investments are to be appropriately recorded in Council’s financial records and reconciled at least on a monthly basis.

 

For audit purposes, certificates must be obtained from the banks/fund managers/custodian confirming the amounts of investment held on Council’s behalf at 30 June each year and reconciled to the Investment Register.

 

A monthly report will be provided to Council. The report will detail the investment portfolio in terms of performance (i.e. investment income earned versus budget year to date and relevant performance benchmarks as outlined in this policy), percentage of holdings, maturity date and changes in market value and confirm compliance of Council’s investments within legislative and policy limits.

 

Council will comply with appropriate accounting standards in valuing its investments and quantifying its investment returns.

 

In addition to recording investment income according to accounting standards, published reports may show a break-down of its duly calculated investment returns into realised and unrealised capital gains and losses, and interest.

 

Other relevant issues will be considered in line with relevant Australian Accounting Standards, such as discount or premium, designation as held-to-maturity or on a fair value basis, and impairment.

 

10. Duties and responsibilities of the council officers

 

Council officers must act with the duty of care, skill, prudence and diligence that a prudent person would exercise when investing and managing their own funds. The “prudent person” principle is set out in section 14 of the Trustee Act.

 

Ethics and conflicts of interest

Officers shall refrain from personal activities that would conflict with the proper execution and management of Council’s investment portfolio. This policy requires officers to disclose any conflict of interest to the General Manager as soon as they rise.

Non Financial Factors

When assessing an investment opportunity as part of the prudent person rule there will always be a number of factors, which are not easily quantifiable that should be considered. These factors may lead to accepting a lower rate of return on a particular investment. Such decisions should be documented with reasons to support the decision. This will ensure accountability and transparency and enable those reasons to be identified at a later date.

 

The highest rate should not always be accepted, but the investment which delivers the best value to Council, should be selected. This allows officers to include other factors when choosing an investment.

 

Factors which may be considered when choosing investments include:

 

·      Transaction costs

·      Ease of making transactions

·      Ability to switch out of the investment

·      Level of service from an institution

·      Benefit to local government

·      Liquidity terms

·      Reduced costs to other services

 

11. Review of investment policy and investments

 

Annual review

The Code of Accounting Practice & Financial Reporting requires Council to review the Investment Policy annually or in the event of legislative change or as a result of significantly changed economic/market conditions.  The Investment Policy may also be changed as a result of other amendments that are to the advantage of the Council and in the spirit of this policy.

 

Any amendment to the Investment Policy must be by Council resolution.

 

Internal audit

Investment reports are sent to the internal audit committee for regular review. The internal audit committee verifies:

 

That new investment types / products comply with the investment policy.

The value of investments held against set benchmarks.

 

External audit

Council’s external auditor is required to review Council’s investments as part of the audit of the Annual Financial Reports.

 

Investment Advisor

Council may use the services of a suitably qualified and experienced investment advisor for the purposes of achieving the objectives of this policy. The Council’s investment advisor must be approved by Council and be licensed by the Australian Securities and Investment Commission.

 

The advisor must be independent and have no actual or potential conflict of interest in relation to investment products being recommended and is free to choose the most appropriate product within the terms and conditions of the policy. This includes receiving no commissions or other benefit in relation to the investment being recommended or reviewed.

 

 


Attachment A

Local Government Act 1993 - Section 625

How may councils invest?

 

(1)   A council may invest money that is not, for the time being, required by the council for any other purpose.

 

(2)   Money may be invested only in a form of investment notified by order of the Minister published in the Gazette.

 

Note: See Gazette No 152 of 24.11.2000, p 12041.

 

(3)   An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

 

(4)   The acquisition, in accordance with section 358, of a controlling interest in a corporation is not an investment for the purposes of this section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Attachment B


Attachment C

 

The Trustee Amendment (Discretionary Investments) Act 1997

Sections 14A (2), 14C (1) & (2);

Section 14A - Duties of trustee in respect of power of investment

 

(1)        This section has effect subject to the instrument (if any) creating the trust.

 

(2)        A trustee must, in exercising a power of investment:

 

(a)            if the trustee’s profession, business or employment is or includes acting as a trustee or investing money on behalf of other persons, exercise the care, diligence and skill that a prudent person engaged in that profession, business or employment would exercise in managing the affairs of other persons, or

 

(b)            If the trustee is not engaged in such a profession, business or employment, exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of other persons.

 

Note: Some Acts deem investments under the Acts to be investments that satisfy the prudent person test. See, for example, section 39 of the Public Authorities (Financial Arrangements) Act 1987.

 

(3)        A trustee must exercise a power of investment in accordance with any provision of the instrument (if any) creating the trust that is binding on the trustee and requires the obtaining of any consent or approval with respect to trust investments.

 

(4)        A trustee must, at least once in each year, review the performance (individually and as a whole) of trust investments.

Section 14C - Matters to which trustee is to have regard when exercising power of investment