THESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MONTHLY MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

MINUTES OF Ordinary Council Meeting of the

Council of the City of Randwick HELD ON

Tuesday, 26 March 2013 AT 6:09pm

 

Present:

 

The Mayor, Councillor T Bowen (Chairperson) (East Ward)

 

Councillor N D’Souza (Deputy Mayor) (South Ward)

 

North Ward                                           -   Councillors K Neilson, L Shurey & K Smith

                                                             

South Ward                                          -   Councillors R Belleli & P Garcia

 

East Ward                                            -   Councillors M Matson & B Roberts

 

West Ward                                           -   Councillors G Moore & H Stavrinos

 

Central Ward                                        -   Councillors A Andrews, T Seng &

                                                              G Stevenson

 

Officers Present:

 

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J Frangoples

Director City Planning                                       Ms S Truuvert

Director Governance & Financial Services             Mr G Banting

Manager Administrative Services                        Mr D Kelly

Manager Development Assessment                     Mr K Kyriacou

Communications Manager                                  Mr J Hay

Manager Corporate Improvement                        Ms A Warner

 

 

Prayer & Acknowledgement of Local Indigenous People

 

The Council Prayer was read by Cr Neilson. The Acknowledgement of Local Indigenous People was read by Cr Smith.

 

 

Apologies/Granting of Leave of Absences

 

An apology was received from Cr Nash.

 

RESOLVED: (D’Souza/Neilson) that the apology received from Cr Nash be accepted and leave of absence from the meeting be granted.

 

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Ordinary Council Meeting held on Tuesday 26 February 2013

59/13

RESOLUTION: (Matson/Garcia) that the Minutes of the Ordinary Council Meeting held on Tuesday 26 February 2013 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

(a)    Cr Belleli declared a non significant non pecuniary interest in Item NR1/13 as         many years ago he worked with the father of a person who signed the petition         and as his wife teaches dancing in child care centres.

(b)    Cr D’Souza declared a pecuniary interest in Item NM17/13 as his business is         located in the subject shopping precinct. Cr D’Souza will not be taking part in         the debate or voting on the matter.

(c)    Cr Stavrinos declared a non significant non pecuniary interest in Item CP16/13         as he has eaten at the subject premises and met the owner.

(d)    Cr Smith declared a pecuniary interest in Item NM20/13 as his employer has a         business relationship with the applicant. Cr Smith will not be taking part in         the debate or voting on the matter.

(e)    Cr Roberts declared a non significant non pecuniary interest in Item CP16/13 as         he has eaten at the subject premises and met the owner.

(f)    Cr Bowen declared a non significant non pecuniary interest in Item CP16/13 as         some of the petitioners on the matter are known to him.

(g)    Cr Bowen declared a non significant non pecuniary interest in Item NR1/13 as         some of the objectors on the matter are known to him.

(h)    Cr Neilson declared a non significant non pecuniary interest in Item NR1/13 as         some of the objectors on the matter are known to her.

(i)     Cr Stevenson declared a non significant non pecuniary interest in Item CP16/13         as some of the petitioners on the matter are known to him.

(j)    Cr Andrews declared a non significant non pecuniary interest in Item CP16/13 as         he has eaten at the subject premises and met the owner.

(k)    Cr Andrews declared a significant non pecuniary interest in Item MM23/13 as his         employer has a business relationship with the Prince of Wales Hospital. Cr         Andrews will not be taking part in the debate or voting on the matter.

(l)     Cr Neilson declared a non significant non pecuniary interest in Item MM12/13 as         her daughter attended the subject school.

(m)   Cr Bowen declared a pecuniary interest in Item NM20/13 as one of his relatives         works for a company named in the motion. Cr Bowen will not be taking part in         the debate or voting on the matter.

 

Address of Council by Members of the Public

Prior to consideration of the Agenda by the Council, deputations were received in respect of the following matters:

 

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

 

Objector             Manish Keswani

 

Applicant           Rodney Yannakis

 

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

 

Objector             Gus D'Sousa

 

Applicant           Tim Hughes

 

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

 

Objector             Jenny Rudolph

 

Applicant           Michael Logan - Traffic Engineer for Applicant

 

The meeting was adjourned at 7.01pm and was resumed at 7.19pm.

 

Mayoral Minutes

 

 

MM12/13  Mayoral Minute - Waiving of Fees - St Margaret Mary's Primary School (F2013/00096)

60/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)     Council vote $167.00 to cover the application fee for a fundraising activity outside the Randwick Literary Institute on Election Day, Saturday 14 September 2013 and fees be charged to the 2012-13 Contingency Fund; and

 

b)     the event organiser contact the Australian Electoral Commission to seek there approval.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM13/13  Mayoral Minute - Waiving of Fees - Open High School (F2004/06257)

61/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)     the fees associated with the installation and dismantling of a banner and the hire of Council’s banner poles for the Open High School Randwick at the intersection of Anzac Parade and Beauchamp Road, Maroubra be waived and $1,956.00 be allocated from the 2012-13 Contingency Fund; and

 

b)     the organisers undertakes to appropriately and prominently acknowledge and         promote Council’s contribution prior to and during the Open Day.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM14/13  Mayoral Minute - Waiving of Fees - Australian Beach Handball Federation (F2013/00096)

62/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)     the Beach Hire Fee in the amount of $4,627.80 be waived and funds be allocated from the 2012-13 Contingency Fund;

 

b)     the activity organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the activity;

 

c)     the Mayor or his representative be given the opportunity to address the activity on behalf of Council; and

 

d)     the organisers of the event be required to adopt a strict alcohol free policy at         the event and ensure it is implemented.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM15/13  Mayoral Minute - World Environment Day Community Forum at Randwick Community Centre (F2010/00241)

63/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)  Council approve the Community Forum around World Environment Day in June 2013 with the Peace, Ecology and Justice Centre of the Columban Mission Institute and

 

b)  the sum of $1,600.00 is provided to support the event at Randwick Community Centre with funding provided from the community education budget of the environmental levy program.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM16/13  Mayoral Minute - Providing Support for Local Schools Sustainability Excursion Program to Randwick Community Centre (F2006/00249)

64/13

RESOLUTION: (Mayor, Cr T Bowen) that Council agrees to support the proposal to cover the costs of bus transport where requested, for local schools visiting the Randwick Community Centre as part of our sustainability schools excursion program – paid for from the community education budget of the environmental levy program to an amount of approximately $9,000. 00.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM17/13  Mayoral Minute - Constitutional Recognition of Local Government - Update (F2008/00656)

65/13

RESOLUTION: (Mayor, Cr T Bowen) that the update on the progress towards the financial recognition of local government in the constitution be received and noted and that Council utilise its banner program to support the campaign.

 

MOTION: (Mayor, Cr T Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

MM18/13  Mayoral Minute - Waiving of Fees - Maroubra Surfers Association (F2013/00096)

66/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)     fees in the amount of $3,766.40 associated with the Maroubra Surfers Association be waived and funds be allocated  from the 2012-13 Contingency Fund;

 

b)     the event organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the activities;

 

c)     the Mayor or his representative be given the opportunity to address the activities on behalf of Council; and

 

d)     the organisers of the event be required to adopt a strict alcohol free policy at         the event and ensure it is implemented.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM19/13  Mayoral Minute - Waiving of Fees - Use of Town Hall by Indonesian Community Association of New South Wales (F2013/00098)

67/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)     Council vote $1,720.00 to cover the fees associated with the hire of the Town Hall on Saturday 6 April 2013 by the Indonesian Community Association for a charity event and that these funds be allocated from the 2012-13 Contingency Fund;

 

b)     the event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event; and

 

c)     the Mayor or his representative is given the opportunity to address the event on behalf of Council.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM20/13  Mayoral Minute - Local Government Amendment (Early Intervention) Bill 2013 (F2004/07892)

68/13

RESOLUTION: (Mayor, Cr T Bowen) that Council supports Local Government NSW’s position in relation to the Local Government Amendment (Early Intervention) Bill 2013 and writes to the Minister for Local Government, the shadow Minister for Local Government and our Local Members of Parliament calling for the deferral of the Bill until the NSW Local Government sector is properly consulted and asking for their support on this issue to help ensure that a transparent and democratically just process is implemented to manage councils’ performance.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM21/13  Mayoral Minute - Malabar Storm Event - Community Event to Thank Volunteers (F2006/00722)

69/13

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)     Council endorse the proposed community event on Saturday 6 April 2013 to thank the 200 SES volunteers, Police, Ambulance, Fire Brigade and Rural Fire Service and Council staff who assisted in the aftermath of the 24 February 2013 Malabar/Chifley storm event; and

 

b)     the event be funded from the 2012-13 Contingency Fund.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM22/13  Mayoral Minute - Urban Activation Precincts - Update (F2013/00012)

70/13

RESOLUTION: (Mayor, Cr T Bowen) that Council receive and note this Mayoral Minute.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM23/13  Mayoral Minute - Prince of Wales Hospital - Reduction in Bed Numbers (F2011/00184)

 

 

 

71/13

Note: Having previously declared an interest, Cr Andrews left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Mayor, Cr T Bowen) that Council write to the Minister for Health objecting to the closure of any wards or the reduction in bed numbers at the Prince of Wales Hospital and seek the Minister’s assurance that staff and bed numbers at Prince of Wales Hospital will be maintained.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

Urgent Business

 

UB3/13     Footpath installation - Scott Street, Maroubra (F2012/2013 )

 

 

72/13

RESOLUTION: (Andrews/Seng) that after consultation with local residents Council consider whether a footpath should be installed in Scott Street Maroubra and, should the view of residents be in favour of a footpath, that the funds be set aside for this project in the 2013/2014 budget.

 

MOTION: (Andrews/Seng) CARRIED - SEE RESOLUTION.

 

Director City Planning Reports

 

CP14/13   Director City Planning Report - 23 Hunter Avenue, Matraville (DA/703/2012) (DA/703/2012)

73/13

RESOLUTION: (Andrews/Roberts)

 

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.

 

MOTION: (Andrews/Roberts) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP15/13   Director City Planning Report - 3 Hay Street, Randwick (DA/748/2012) (DA/748/2012)

74/13

RESOLUTION: (Andrews/Roberts)

 

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.     A report identifying the extent of the pruning prepared an Arborist who holds a minimum of AQF Level V in Arboriculture must be submitted to Council for approval prior to any pruning being undertaken. The pruning must be undertaken by 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.

 

71a.    The Owner or operator must display a 24 hour telephone number on the front wall and in close proximity to the entrance of the boarding house for the use by neighboouring residents to contact the Manager in case of an emergency.

 

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.

 

MOTION: (Stavrinos/Andrews) that this application be refused due to an inadequate FSR, parking issues and the proposal is not in the public interest. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Stavrinos

Councillor Andrews

 

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stevenson

 

 

Total (1)

Total (13)

 

MOTION: (Andrews/Roberts) CARRIED – SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Stavrinos

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stevenson

 

 

 

Total (13)

Total (1)

 

 

 

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

75/13

RESOLUTION: (Andrews/Stavrinos)

 

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.

 

MOTION: (Andrews/Stavrinos) CARRIED – SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Bowen

Councillor Belleli

Councillor Matson

Councillor D'Souza

Councillor Neilson

Councillor Garcia

Councillor Shurey

Councillor Moore

Councillor Stevenson

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

 

 

 

Total (9)

Total (5)

 

 

 

 

 

CP17/13   Director City Planning Report - 28 The Avenue, Randwick (DA/646/2011/A) (DA/646/2011/A)

76/13

RESOLUTION: (Andrews/Roberts)

 

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 Condition No. 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

 

MOTION: (Andrews/Roberts) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP18/13   Director City Planning Report - Reporting Variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) between 1 January to 28 February, 2013 (F2008/00122)

77/13

RESOLUTION: (Andrews/Roberts) that the report be received and noted.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

CP19/13   Director City Planning Report - 2013 National Youth Week Activities in Randwick City (F2004/07708)

78/13

RESOLUTION: (Andrews/Roberts) that Council endorse the proposed activities planned for National Youth Week 2013 in Randwick City.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

CP20/13   Director City Planning Report - Cultural and Community Grants Program - March 2013 Round Recommended Allocations (F2009/00182)

79/13

RESOLUTION: (Smith/Andrews) 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.

 

MOTION: (Smith/Andrews) CARRIED - SEE RESOLUTION.

 

AMENDMENT: (Stevenson/Nil) that the list of approved grant funding also include the ‘Carols by the Sea’ request by St Paul’s Anglican Church and that funding requests numbered 12 and 13 being held at Maroubra Beach have conditions included stating that the activity organisers undertake to appropriately and prominently acknowledge Council’s contribution prior to and during event and that the organisers be required to adopt a strict alcohol free policy and ensure it is implemented. LAPSED FOR WANT OF A SECONDER.

 

Cr Stevenson left the meeting at this point, the time being 10.15pm.

 

General Manager's Reports

 

 

GM5/13     General Manager's Report - Internal Audit Committee - Extension of Term (F2012/00489)

80/13

RESOLUTION: (Andrews/Roberts) that the three current external members of the Internal Audit Committee be reappointed for a further term of Council.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

Director City Services Reports

Nil.

Director Governance & Financial Services Reports

 

 

GF12/13   Director Governance & Financial Services Report - 2013 National General Assembly of Local Government (F2004/07432)

81/13

RESOLUTION: (Andrews/Roberts) that any Councillors interested in attending 2013 National General Assembly of Local Government advise the General Manager as soon as possible for registration purposes.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

GF13/13   Director Governance & Financial Services Report - Affixing of the Seal - Purcell Park, Matraville (F2011/07367)

 

This matter was withdrawn with the consent of Council.

 

 

 

 

GF14/13   Director Governance & Financial Services Report - Investment Report - February 2013 (F2004/06527)

82/13

RESOLUTION: (Andrews/Roberts) that the investment report for February 2013 be received and noted.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

GF15/13   Director Governance & Financial Services Report - Investment Policy (F2004/06527)

83/13

RESOLUTION: (Andrews/Roberts) that the attached Investment Policy be adopted.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

Petitions

Cr Andrews tabled a petition from 356 residents from local residents asking for a new suburb to be created and named ‘Lurline Bay’.

 

Motion Pursuant to Notice

 

 

NM16/13  Motion Pursuant to Notice from Cr D'Souza - Affiliation with the Asbestos Diseases Foundation of Australia Inc. (F2012/00082)

84/13

RESOLUTION: (D'Souza/Stavrinos) that Randwick Council accept Mike O'Donnell's invitation of February 2013 to affiliate with the Asbestos Diseases Foundation of Australia Inc. in support of the organisation's aim to reduce the threat of Asbestos related diseases in our community.

 

MOTION: (D'Souza/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

NM17/13  Motion Pursuant to Notice from Cr Garcia - Revitalisation of Matraville Town Centre (F2005/00246)

 

 

 

85/13

Note: Having previously declared an interest, Cr D’Souza left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Garcia/Belleli) that:

 

a)     Council complete its action plans for the Matraville Town Centre to revitalise         the Matraville Town Centre; and

 

b)     Council approve the granting of new outdoor dining licences free of charge to         restaurants in Matraville for a trial period of 12 months.

 

MOTION: (Garcia/Belleli) CARRIED - SEE RESOLUTION.

 

 

 

NM18/13  Motion Pursuant to Notice from Cr Garcia - Waste over the Xmas Period (F2004/07285)

86/13

RESOLUTION: (Garcia/Belleli) that:

 

a)     Council recognises there are periods, such as the Christmas/New Year break, where local households are likely to generate more waste than normal. This might include things like wrapping paper, packaging, bottles, paper plates and leftover food; and

 

b)     a report be brought back to Council on practical ways that residents might reduce household waste that needs to be disposed of during the Christmas/New Year break and possible additional options for the removal of waste accumulated by residents over this period.

 

MOTION: (Garcia/Belleli) CARRIED - SEE RESOLUTION.

 

 

 

NM19/13  Motion Pursuant to Notice from Cr Stavrinos - Local Art Competition (F2004/07079)

87/13

RESOLUTION: (Stavrinos/Andrews) that:

 

a)     Council calls for a report to look into the feasibility of conducting a local art         competition amongst Randwick City primary schools;

 

b)     should it be feasible, a winner be selected from each suburb in the Randwick         City area and the artwork of each winner be displayed in the town hall and bus         shelters; and

 

c)     if the competition is held and is successful that Council look into including high         schools as part of the competition in future.

 

MOTION: (Stavrinos/Andrews) CARRIED - SEE RESOLUTION.

 

 

 

NM20/13  Motion Pursuant to Notice from Cr Matson - Support for Boomerang Alliance World Record Attempt at 'Kicking the Can' for Australia (F2009/00058)

 

 

 

 

88/13

Note: Having previously declared an interest, Crs Bowen and Smith left the chamber and took no part in the debate or voting on this matter. Cr D’Souza chaired the meeting during consideration of this item.

 

RESOLUTION: (Matson/Shurey) that Council:

 

1)     note its regret at the actions by Coca Cola Amatil, Schweppes and Lion Nathan to overturn the N.T. container deposit legislation;

 

2)     declare its support for the “Kicking the Can” world record attempt organised by the Boomerang Alliance from Martin Place to Canberra in April 2013 and notify them that we are prepared to participate in any activities in or near the LGA; and

 

3)     organise a local activity to support the attempt and use Council community media and website to highlight it. CARRIED.

 

MOTION: (Matson/Shurey) CARRIED - SEE RESOLUTION.

 

AMENDMENT: (Roberts/Stavrinos) that Council use its community media and website to highlight this event to the public. LOST.

 

Note: Cr Andrews left the chamber at this point in the meeting, the time being 10.20pm, and did not return.

 

 

Confidential Reports

 

The meeting moved into closed session in order to consider confidential items.

 

 

 

GM6/13     Confidential - SITA's Offer For Processing of Additional Amount of Waste at Their Alternative Waste Treatment Facilities (F2012/00324)

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.

89/13

RESOLUTION: (Garcia/Moore) that Council:

 

a)     agree to fund the additional cost of $337,410 this financial year from the Domestic Waste Reserve for the processing of an additional 3,000 tonnes;

 

b)     accepts SITA’s offer to process 15,000 tonnes per year for the duration of the contract (June 2015) at their Alternative Waste Treatment (AWT) facility that will increase Council’s overall landfill diversion rate to 52%-56%; and

 

c)     authorise the General Manager to accept SITA’s offer to process Council waste at their AWT facility at an additional cost of approximately $835,810 per year for the duration of the contract.

 

MOTION: (Garcia/Moore) CARRIED - SEE RESOLUTION.

 

 

 

GF16/13   Confidential - 27R McNair Avenue, Kingsford - Road Dedication (F2004/06325)

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.

90/13

RESOLUTION: (Belleli/Garcia) that:

 

a)     Council approve the placement of a Notice on the Land on 27R McNair Avenue , Kingsford, notifying, the general public of Council’s proposed    dedication of the Land and attaching a copy of Deposited Plan 129748 for a period of 28 days;

 

b)     following the end of the 28 days, Council publish a notice in the NSW Government Gazette dedicating the land as public road; and

 

c)     Council give authority to the General Manager to sign and affix the Council seal to any necessary notice and dedication documentation.

 

MOTION: (Belleli/Garcia) CARRIED - SEE RESOLUTION.

 

 

 

GF17/13   Confidential - SSROC Tender for the Supply and Delivery of Copy Paper (No 04-2012 SSROC) (F2012/00068)

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.

91/13

RESOLUTION: (Moore/Garcia) that:

 

a)       under Regulation 178 (1)(a) of the Local Government (General) Regulation 2005, Council accepts the tender submissions offered by Fuji Xerox Australia Pty Ltd, Corporate Express Australia Pty Ltd (now known as Staples Australia Pty Ltd) and Complete Office Supplies Pty Ltd for the Supply and Delivery of Copy Paper;

 

b)       the General Manager, or delegated representative, be authorised to enter into a preferred supplier agreement with these recommended suppliers for a period of three (3) years, with two (2) optional one (1) year extensions; and

 

c)       unsuccessful tenderers are advised accordingly.

 

MOTION: (Moore/Garcia) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

The meeting moved back into open session.

 

 

Notice of Rescission Motions

 

Note: For the benefit of those interested members of the public, this matter was considered with the other development applications earlier in the meeting.

 

 

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

92/13

RESOLUTION: (Neilson/Moore) that the resolution passed at the Planning Committee meeting held on Tuesday 12 March 2013 reading as follows:

 

‘RESOLUTION: (Matson/Mayor, Cr Bowen) that Council, as the consent authority, refuse development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/584/2012 for ground and lower ground floor alterations and additions to the existing dwelling and conversion to child care centre with 46 children, hours of 8.30am to 5pm weekdays with associated works, at No. 158 Moverly Road, South Coogee, for the following reasons:

 

1.   The nature of the site (including the location on a sweeping curved road and problems with the line of site, making the site dangerous for drop off and pick ups for the proposed Child Care Centre).

 

2.   The proposal is not considered to be in the public interest.

 

3.   The lack of on street parking in front of site.

 

4.   The lack of an existing footpath to the west of the site.’

 

BE AND IS HEREBY RESCINDED.

 

MOTION: (Neilson/Moore) CARRIED – SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor D'Souza

Councillor Andrews

Councillor Garcia

Councillor Belleli

Councillor Matson

Councillor Bowen

Councillor Moore

Councillor Stevenson

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

 

 

 

Total (10)

Total (4)

 

MOTION: (Neilson/Moore)

 

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/584/2012 for ground and lower ground floor alterations and additions to the existing dwelling and conversion to child care centre with 46 children, hours of 8.30am to 5pm weekdays with associated works, at No. 158 Moverly Road, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

 

Signage

2.       The application has not proposed any signage and as such the inclusion of signs shall be subject to further application, unless subject to relevant exempt development provisions.

 

Amendments to the approved plans

3.       The following amendments shall be incorporated into the approved plans, prior to the issue of a construction certificate:

 

a)  The front boundary fence shall be of no greater that 1800mm and shall remain 50% open to the upper two-thirds.

b)  Separate vehicle & pedestrian access to the car park must be provided and be clearly delineated on the access driveway in accordance with the relevant Australian Standards to the satisfaction of the Principal Certifying Authority. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

NOTE: This will require the car park access opening to be a minimum of 4.6m wide (consisting of 3.6m for vehicle access and 1.0m for pedestrians).

c)  The rear pedestrian access to the site illustrated on the plans shall be deleted.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the construction certificate application.

 

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.

 

External Colours, Materials & Finishes

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

 

b)     All materials used within the development shall be treated so as to minimise the impact of reflectivity upon neighbouring sites. This may be achieved through powder coating or anodizing treatments. Any metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

 

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

 

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

 

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:

 

·           $5000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

Long Service Levy

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

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

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

 

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

 

Street Tree Management

8.       The applicant shall submit a total payment of $745.25 (including GST) to cover the cost for Council to:

 

a.       Remove, stump-grind and dispose of the existing Metrosideros excelsa (Pohutukawa) from the Moverly Road verge, to the west of the vehicle crossing, so as to improve the line of sight for vehicles when exiting the property; and;

b.       Supply and install 1 x 25 litre replacement street tree, Banksia serrata (Saw Toothed Banksia) on the Moverly Road verge, towards the western site boundary at the completion of all works.

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for 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.

 

Street Tree Protection

9.       In order to ensure retention of the two small, recently planted Banksia serrata (Saw Toothed Banksia’s) on the Moverly Road verge, being one just to the west of the vehicle crossing and another to the west of the Pohutakawa (that is to be removed), as well as the other, larger Banksia serrata (Saw Toothed Banksia) to the east of the crossing, as well as the row of other public trees that extend towards the corner of Malabar Road in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of the three Banksia street trees in front of the site, with their position in relation to the works to be clearly shown on all drawings.

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be located along either side of the re-constructed crossing.

c.       The public footpath that is to be constructed between the crossing and Bus Stop near the corner of Malabar Road must be located to the north of the street trees in that section.

d.       Each of these three Banksia street trees must be physically protected by installing a total of four star pickets at a setback of 1 metre to their east, north and west (measured off the outside edge of their trunks at ground level), matching up with the kerb to their south, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached, so as to completely enclose each tree for the duration of works.

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

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

g.       If ground levels within the verge, to the west of the crossing, are to be lowered so as to improve the line of sight for vehicles exiting the site; or; if a pedestrian footpath is to be constructed at the back of kerb, thus necessitating removal of the two small Banksia trees, the applicant must cover all costs associated with their replacement, and in this regard, will need to contact Council’s Landscape Development Officer on 9399-0613 to make the arrangements.

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

i.        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.

j.        A refundable deposit in the form of cash, credit card or cheque for an amount of $750.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Building Code of Australia & Fire Safety

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

 

11.     All new building work (including alterations, additions, fit-out work and fire safety works are to be carried out in accordance with the relevant provisions of the Building Code of Australia (BCA) and details are to be included in the Construction Certificate, to the satisfaction of the Certifying Authority.

 

Access & Facilities

12.     Access and/or facilities for people with disabilities must be provided to all new building work in accordance with any relevant provisions of the Building Code of Australia Disability (Access to Premises – Buildings) Standards 2010, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

Traffic conditions

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

 

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

 

Bicycle Parking

15.     A minimum of two (2) bicycle spaces shall be provided for this development. The bicycle facilities are to be designed and installed in accordance with Australian Standard 2890.3 – Bicycle Parking Facilities. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Design Alignment levels

16.     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:

 

·      Obtained in writing from the Development Engineering Coordinator following design of the Council Footpath in front of the site.

 

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

 

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

 

17.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

18.     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.

 

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

 

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

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, 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.

 

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

 

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

 

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

 

i.     Directly to the kerb and gutter located at the front of the subject site in Moverley Road; or

ii.    To Council’s underground drainage system via the existing kerb inlet pit in the adjacent Council carpark approximately 10m from the north east corner of the property.

iii.   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 redeveloped portion of 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)     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)     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.

 

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

 

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

 

p)     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.

 

Site seepage

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

 

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

 

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

 

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

 

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

               

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

 

Waste  Management

22.     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 child care centre including collection, storage and removal of waste and recycling of materials.

 

Design, Construction & Fit-out of Food Premises

23.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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).

 

24.     The premises is to be designed and constructed in accordance with the Food Act 2003, Food Regulation 2010, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.  Details of the design and construction of the premises are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

25.     A certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant or Council’s Environmental Health Officer, which confirms that the design and construction of the food business will satisfy the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises. This certificate or statement must be submitted and approved by Council prior to issuing a construction certificate.

 

26.     The design and construction of the food premises must comply with the following requirements, as applicable:-

 

a)     The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

b)     Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops, wash hand basins, sinks and equipment.

 

c)     Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

d)     The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material (i.e. fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material), with a light coloured washable paint finish.  ‘Drop-down’ ceiling panels must not be provided in food preparation or cooking areas.

 

e)     All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc must be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

f)      Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

g)     Fly screens and doors with self-closing devices, are to be provided to all external door and window openings and an electronic insect control device/s are to be provided in suitable locations within the food premises.

 

h)     A mechanical ventilation exhaust system is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, where required under the provisions of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

Emission control equipment shall be provided in mechanical exhaust systems serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils. 

 

i)      Wash hand basins must be provided in convenient positions located in the food preparation areas, with hot and cold water, together with a sufficient supply of soap and clean towels.  The hot and cold water must be supplied to the wash hand basins through a suitable mixing device.

 

j)      Cool rooms or freezers must have a smooth epoxy coated concrete floor, which is to be sloped to the door.  A floor waste connected to the sewer is to be located outside the cool room/freezer.  The floor waste should be provided with a removable basket within a fixed basket arrestor and must comply with Sydney Water requirements.

 

k)     All cool rooms and freezers must be able to be opened from the inside without a key and fitted with an alarm (bell) that can only be operated from within the cool room/freezer.

 

l)      Any space or gap between the top of any cool room or freezer and the ceiling must be fully enclosed and kept insect and pest proof (e.g. plasterboard partition with gaps sealed).

 

m)     Any toilets located at or near kitchen facilities, food storage rooms or cool rooms must be designed in accordance with the requirements of the Building Code of Australia.

 

27.     Liquid trade waste materials are to be drained to the sewer (via a suitable grease trap) and details of compliance are to be submitted to the Certifying Authority.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Regulatory Requirements

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

 

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

 

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

 

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

 

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Demolition Work Plan

30.     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 Work & Removal of Asbestos Materials

31.     Demolition work must be carried out in accordance with the following requirements:

 

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

 

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration

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

 

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

 

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

 

Construction Traffic Management

33.     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

 

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

 

Public Utilities

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

 

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

 

Landscaping

37.     Prior to the commencement of site works, a planting plan (prepared by a professional with formal qualifications in landscaping) for the masonry planter shown across the northeast side of the ground floor shall be submitted to, and be approved by the Certifying Authority/PCA, showing the following requirements:

 

a)       The “flower box’ shall be a permanent structure constructed of masonry; must extend across the full width of the building, have a minimum soil width of 800mm, a minimum soil depth of 500mm (as shown on the Southeast & Northwest elevations), and shall be suitably water-proofed.

b)       One of the species selected from the following list shall be evenly spaced along the length of the planter:

·      Phromium cultivars (NZ Flax, minimum mature height 600mm);

·      Agave attenuata (Agave);

·      Correa alba (White Correa);

·      Westringia fruticosa cultivars (Coastal Rosemary).

c)       Groundcover/spill-over type species selected from the following shortlist must be provided so as to cascade over the front edge of the planter:

·      Carpobrotus glaucescens (Native Pigface)

·      Myoporum parvifolium (Creeping Boobialla)

d)       The use of species outside the lists shown above will require written approval by Council’s Manager of City Planning.

e)       A premium garden soil shall be installed, to which, a layer of woodchip mulch, gravel, decorative pebbles or similar shall be provided so as to prevent weed invasion and moisture loss.

f)       So as to allow infiltration of rainwater, the awning/eave should not extend over the proposed planter box, but if it does need to for any reason, an automatic drip irrigation system will then need to be installed, which must be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

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.

 

Road/Asset Opening Permit

38.     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.

 

Stormwater Drainage

39.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the carpark 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 Removal

40.     No objections are raised to the removal of any existing vegetation within the site where necessary so as to accommodate the proposed works as shown, due to their small size and insignificance, subject to full implementation of the approved landscaping.

 

Building Inspection Requirements

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

 

Excavations & Support of Adjoining Land

42.     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.

 

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

 

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

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Permitted Working Hours

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

 

 

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

 

Construction Site Management

45.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times:

 

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

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

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

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

 

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

 

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

 

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

 

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

 

Details of the proposed sediment control measures are to be detailed in the site management plan which must be submitted to the Principal Certifying Authority and Council prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the plan is to be maintained on-site and be made available to Council officers upon request.

 

f)      Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

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

 

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

 

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

 

All works within or upon the road reserve, footpath, nature strip or other public place are to be completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificate Requirements

47.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, encompassing all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire Safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

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

 

High-level Window Openings

48.     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 (except in relation to an opening on the 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 provided prior to the issue of an Occupation Certificate.

 

Food Safety

49.     A certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant or Council’s Environmental Health Officer, to confirm that the design and construction of the food business satisfies the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises, prior to issuing an Occupational Certificate.

 

50.     The food premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to issuing an occupation certificate.

 

Environmental Amenity

51.     A report, must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from the development (including all plant and equipment internally and externally) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s development consent. 

 

A copy of the report is to be forwarded to and approved by Council prior to the issue of an occupation certificate. This report must address (but not limited to) the accumulation effect of mechanical plant and equipment and noise generated from children in the outdoor play area and passive play area. Any recommendations outlined in the acoustic report are to be implemented in accordance with the report.

 

52.     A plan of management shall be submitted to and approved by Council prior to the issuing of an occupation certificate which details the measures to be implemented to:

·           Ensure compliance with the relevant conditions of approval,

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

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

·           Identify specific play activities in the outdoor area,

·           Specify times for daily outdoor playtimes,

·           Effectively manage and respond to resident complaints,

The plan of management shall also include a provision that the operator of the premises must provide a staff member to monitor vehicles entering and exiting the driveway to ensure that vehicles are not queuing out onto the roadway. The traffic monitor must be in place for a period of 3 months from the date of commencement of the use of the premises as a child care centre.

Once approved by Council, the plan of management must be implemented and a copy of the plan must be kept on site at all times.

 

53.     The 1.8m high solid (colour bond) boundary fencing to the perimeter of the back yard (outdoor play area) is to be retained. If replaced- any replacement fence should be at least 1.8m high and imperforate (no holes – e.g. lapped and capped timer or colour bond).

 

54.     Windows on the western façade of the child care centre building are to remain closed when the play rooms are in use. Windows are to be constructed using minimum 4mm thick glass with perimeter acoustic seals.

 

55.     The underside of the structure over the under croft play area is to be lined with noise absorptive lining. Lining may consist of 50mm thick tontine acoustisorb 2 or similar acoustic lining suitable for outdoor use with a noise reduction coefficient (NRC) of at least 0.7.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

56.     Subject to the approval of Randwick Traffic Committee where appropriate, the owner/developer must meet the full cost for Council or a Council approved contractor to:

a)     Re/Construct a full width concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b)     Excavate council’s footpath as required to construct a 1.3m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be battered, turfed and landscaped to Council’s specification.

c)     Extend the 1.3m wide concrete footpath across the frontage of the neighbouring council reserve to join the existing footpath at the bus stop near the intersection of Malabar Road.

d)     Install ‘No Stopping’ signage as required on northern side of Moverly Road in the vicinity of the site.

e)     Install local traffic improvements in the vicinity as required by Council’s Traffic Engineers to improve pedestrian safety (eg line marking, pram crossings etc)

f)     Remove the council street tree in front of the site (refer Street Tree Management condition).

g)     Erect signage at a suitable location on the nature strip adjacent to the entrance of the basement car park so that all vehicles exiting the child care centre are directed to turn left only between the hours of 8-10am and 3-6pm.

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

 

Landscaping

58.     The PCA must ensure that the landscaping at this site is installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final Occupation Certificate, with the owner to maintain it in a healthy and vigorous state until maturity.

 

59.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

62.     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.

 

63.     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).

 

64.     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.

 

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

 

Landscaping

66.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

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

 

Waste Management

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

 

68.     The waste storage areas shall be clearly signposted.

 

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.

 

Operational capacity

69.     The maximum number of children in attendance at the child care centre shall be 46 children at any one time. The operator/proprietor of the centre shall provide Council with a copy of the Department of Community Services license which shall comply with the maximum number of children specified in this condition.

 

70.     A maximum of five (5) child care staff may be onsite at any one time.

 

Hours of Operation

71.     The hours of operation of the child care centre are restricted to the following:

1.        

Monday to Friday only:     8.30am to 5.00pm

 

Deliveries (including the loading and unloading of goods) are restricted to:

 

Monday to Friday only:     8.30am to 5.00pm

 

72.     The hours of operation for the outdoor play area are restricted to:

      

·        Monday to Friday:   1 hour and 30 minutes in the morning period.

·        Monday to Friday:  1 hour and 30 minutes in the afternoon period.

 

Food Storage

73.     All food preparation, cooking, display and storage activities must only be carried out within the approved food premises.

 

Storage shall be within appropriate shelves, off the floor and in approved storage containers.  External areas or structures must not be used for the storage, preparation or cooking of food, unless otherwise approved by Council in writing and subject to any necessary further approvals.

 

Food Safety Requirements

74.     The food premises must be registered with Council's Health, Building & Regulatory Services Department and the NSW Food Authority in accordance with the Food Safety Standards, prior to commencing business operations.

 

75.     A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

A digital probe type thermometer must also be readily available to check the temperature of food items.

 

76.     All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

77.     Food safety practices and the operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·       Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

Failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

78.     The food premises must be kept in a clean and sanitary condition at all times, including all walls, floors, ceilings, fixtures, fittings, appliances, equipment, fridges, freezers, cool rooms, shelving, cupboards, furniture, crockery, utensils, storage containers, waste bins, light fittings, mechanical ventilation & exhaust systems & ducting, storage areas, toilet facilities, basins and sinks.

 

Environmental Amenity

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

 

80.     The proposed use of the child care centre including the outside play area 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, 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 10dB(A) for a period of 1 hour 30 minutes in the morning and then again for 1 hour 30 minutes in the afternoon period and then by no more than 5dB(A) at all other times.  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).

 

81.     A validation report must be obtained from a suitably qualified and experienced consultant in acoustics three (3) months after the business commences trading. The report should demonstrates and certifies that noise and vibration from the development (including all plant and equipment internally and externally) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s development consent.

 

The report is to be forwarded to and approved by Council. This report must address (but not limited to) the accumulation effect of mechanical plant and equipment and noise generated from children in the outdoor play area. Any recommendations outlined in the acoustic report are to be implemented in accordance with the report.

 

82.     The operation of the site and the project specific criteria for noise emissions shall be in accordance with the acoustic report referenced20120735.1/0309/S/RO/TT dated 03 September 2012 prepared by Acoustic Logic PTY LTD unless otherwise stated by this development consent.

 

83.     The outdoor play area must not exceed a maximum number of 30 children at any one time playing during the permitted operational hours for the outdoor play area specified in this consent.

 

84.     Signs shall be erected at appropriate, prominent location to advise the following:

 

·      staff and parent converse at a very low volume;

·      parents not to call out to their children when delivering or collecting their children and;

·      gates are not slammed.

 

85.     Music shall not be played outdoors.

 

Waste Management

86.     Adequate provisions are to be made within the confines of the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council, prior to commencing business operations.

 

The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.

 

A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

87.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to the Council prior to commencing operation of the business.

 

Sanitary Facilities

88.     Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be provided for customers and staff and be maintained in a clean and sanitary condition at all times.

 

Regulatory Requirements

89.     The primary purpose of the premises is for the provision of food and the premises must not to be used principally, for the sale, supply and consumption of alcohol.

 

The written approval of Council and a relevant Liquor Licence under the (Liquor Act 2007) must be obtained beforehand for any proposed sale, supply and consumption of alcohol on the premises.

 

Fire Safety Statements

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

 

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

 

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

 

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

 

Environmental Amenity

91.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, cause a vibration nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

92.     The proposed use and operation of the premises (including all plant and equipment) must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Office of Environment & Heritage/Environment Protection Authority Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

Waste Management

93.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

Any trade/commercial waste materials must not be disposed in or through Council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to the Principal Certifying Authority and Council prior to commencing operation of the business.

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

Stormwater Detention/Infiltration  System

94.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

ADVISORY NOTES

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

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times. Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

A2      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA) and Disability (Access to Premises – Buildings) Standards 2010.

 

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

 

A3      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to liaise with the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

A4      The assessment of this development application does not include an assessment of the proposed building work under the Food Act 2003, Food Safety Standards or Building Code of Australia (BCA).

 

All new building work must comply with relevant regulatory requirements and Australian Standards and details of compliance are to be provided in the construction certificate application.

 

A5      The design and construction of the premises must satisfy the requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004). Prior to finalising the design and fit-out for the development and prior to a construction certificate being obtained, advice should be obtained from an accredited Food Safety Consultant (or Council’s Environmental Health Officer).

 

A6      The applicant and operator are also advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

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

 

A8      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.

 

A9      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.

 

MOTION: (Neilson/Moore) CARRIED – SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor D'Souza

Councillor Andrews

Councillor Garcia

Councillor Belleli

Councillor Matson

Councillor Bowen

Councillor Moore

Councillor Stavrinos

Councillor Neilson

Councillor Stevenson

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

 

 

Total (9)

Total (5)

 

AMENDMENT: (Stevenson/Matson) that the application be deferred for a report to come back to Council outlining a preferred solution and the various costs that the applicant would incur to construct works in Moverley Road to address safety concerns, including excavation works to the west of the driveway, the construction of a footpath on Moverley Road from Coldstream Street to Malabar Road and in undertaking a further traffic study. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Bowen

Councillor Belleli

Councillor D'Souza

Councillor Matson

Councillor Garcia

Councillor Stevenson

Councillor Moore

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

 

 

Total (4)

Total (10)

 

AMENDMENT: (Stevenson/Andrews) that an excavated turning bay be constructed in front of the property at the applicant’s expense that allows cars to turn into that bay prior to turning into the driveway and a similar bay the eastern side also be constructed at applicant’s expense for vehicles leaving the property. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Belleli

Councillor Stevenson

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

 

 

Total (2)

Total (12)

 

AMENDMENT: (Andrews/Matson) that the applicant bear the cost of a footpath on Moverley Road from Elphinstone Road to Malabar Road to ensure the pedestrian safety of the users of the Centre. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor D'Souza

Councillor Belleli

Councillor Garcia

Councillor Bowen

Councillor Moore

Councillor Matson

Councillor Neilson

Councillor Stavrinos

Councillor Roberts

Councillor Stevenson

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

 

Total (6)

Total (8)

 

 

 

 

There being no further business, His Worship the Mayor, Cr T Bowen, declared the meeting closed at 10.46 pm.

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Council of the City of Randwick held on Tuesday, 23 April 2013.

 

 

 

 

...................................................

CHAIRPERSON