Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 March 2013

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                              12 March 2013

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

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

 

 

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

 

Quorum:                           Eight (8) members

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 12 February 2013

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Planning Matters

 

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

 

Development Application Reports (record of voting required)

 

D15/13      230A Carrington Road, Randwick (DA/181/2012)

D16/13      1420 Anzac Parade, Little Bay (DA/547/2011/B)

D17/13      7 Winchester Road, Clovelly (DA/778/2012)

D18/13      36 Melody Street, Coogee (DA/537/2012)

D19/13      158 Moverly Road, South Coogee (DA/584/2012)

D20/13      6 Barrett Place, Randwick (DA/668/2008/B)

D21/13      2 St Marks Road, Randwick (DA/98/2010/C)  

 

Miscellaneous Reports (record of voting NOT required)

 

M3/13       Recent Land and Environment Court Decisions

M4/13       Former NSW Sea Level Rise Benchmarks     

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                              12 March 2013

 

 

Development Application Report No. D15/13

 

 

Subject:                  230A Carrington Road, Randwick (DA/181/2012)

Folder No:                   DA/181/2012

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Construction of part 2/part 3 storey detached residential unit with garage to rear of existing building with access from Dolphin Street

Ward:                      East Ward

Applicant:                John Spiteri

Owner:                         Michelle McGrath

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains a variation to the floor space ratio and building heights development standards in Randwick Local Environmental Plan (RLEP) 1998 (Consolidation) by more than 10%. The applicant has submitted SEPP 1 objections to the development standards.

 

The subject site is irregular in shape and has an overall area of 436.2m². The site is located on the corner of Carrington Road and Dolphin Street having two frontages. The frontage width along Carrington Road is of 7.01m and the secondary frontage width along Dolphin Street is 44.045m. The locality contains a mixture of lower to medium density residential developments of various architectural forms.  The built form is mixed with both residential dwellings and multi unit housing developments.

 

The application was notified from 4 April 2012 to 20 April 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of nineteen (19) submissions were received at the conclusion of the notification period.  The main issues in the submission related to the visual impact that the development will have upon the amenity of the adjoining objector’s properties and streetscape, bulk and scale, overshadowing; and stormwater, flooding and structural concerns.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP Multi Unit Housing have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The site is located within Zone No. 2B (Residential B Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2B Zone, in that the development will allow diversity of housing types in the locality. The development scheme incorporates suitable design measures that minimise the visual scale and bulk of the structures, and is considered to carry positive design merits.

 

SEPP 1 objections have been submitted in support of the variation from the FSR and building heights standards. The SEPP 1 Objections have been assessed and found acceptable as the breach occurs as a result of the site constraints due to the flooding issues and topography of the site and does not present as being visually intrusive or dominant in the streetscape. The dormer windows are recessed within the roof design and the proposal generally presents as a two storey development when viewed from the streetscape.  The proposal will improve the amenity on the site and the aesthetics of the streetscape. The scale, proportion and massing of the proposed development is considered to be appropriate to the site and the surrounding built environment. Furthermore, the proposal accords with the purpose of the standard which requires the relevant standards to operate together with other statutory controls (landscaped area) to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area. Additionally, the proposal will not unreasonably compromise the amenity of surrounding residential areas in terms of privacy, solar access, views, and bulk and scale as indicated in relevant assessment sections of this report. 

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Additionally, the proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval subject to conditions.

 

 

 

2.    The Proposal

 

The proposed development is for the construction of a new part two and part three storey detached building at the rear of the subject site fronting Dolphin Street.  The proposal also includes amendment to the existing strata plan to incorporate the proposed building and landscape works.  The proposed building comprises a two-bedroom dwelling with single garage fronting Dolphin Street. 

 

Ground floor level

The ground floor level consists of an open plan living, dining and kitchen area with a balcony off the open plan living area and laundry. 

 

First floor level

The first floor level consists of two bedrooms of which one of the bedrooms includes an ensuite and walk-in-robe, a study, bathroom and a balcony off the bedrooms.

 

Note:

Council’s raised concerns in relation to privacy; to address these concerns amended plans have been received by Council on 12 February 2013. The following amendments include:

 

-   Deletion of first floor balcony and replacement of first floor bedroom east facing doors with windows.

-   Alter window design to north facing window so that the potential for overlooking is reduced.

-   Provision of privacy screen to northern side and part of eastern side of ground floor balcony.

-   A revised BASIX certificate.

 

The assessment is based on the above amended plans.

 

3.    The Subject Site and Surrounding Area

 

The subject site is described as Lot A in DP 341674(BEING LOTS 1-4 IN SP 12279) known as No. 230A Carrington Road and alternatively known as 43 Dolphin Street, Randwick.   The subject site is a corner allotment and has two frontages, Carrington Road being the main Street frontage and Dolphin Street being the secondary street frontage.

 

The site is irregular in shape and is presently occupied by an existing two storey residential flat building comprising of 4 x one bedroom units. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern side Boundary

46.48m

 

Eastern frontage: Carrington Road boundary (Main Street frontage)

35.625m

 

Southern frontage: Dolphin Street boundary (Secondary Street frontage)

7.01m (splay corner of 3.45m)

 

Western rear boundary

44.045m

 

 

 

436.2m²

 

The surrounding area is characterised by low to medium density residential development of various architectural forms comprising of single/two storey dwelling houses, two to four storey residential flat buildings and various commercial development (i.e. car wash, retail shop, etc).  Adjoining the site to the north at No. 230 Carrington Road is a two storey residential flat building and to the west at No. 39 Dolphin Street is a four storey residential flat building with garage at the ground floor level.

 

4.    Site History

 

PL/56/2011: Pre DA advice for construction of 3 storey flat building with 2 units to the rear of the existing flat building was provided for the site on 23 December 2011.

 

Potential flooding issues of the site were identified by Council’s Development and Drainage Engineers.  As a result the applicant proposed an alternative scheme featuring open style support structures from the ground level landscaped area (which has a difference in level of up to 2.91m from the Dolphin Street footpath) with elevated garage and 1 x 2 bedroom unit above in lieu of the original 2 x 1 bedroom units. 

 

This option was considered to be generally satisfactory as Council’s Engineers do not support enclosed living/storage areas below street level (i.e. at ground level within the site) due to flooding issues. As a result of flood studies conducted by Council, it was also determined that introduction of fill or grading of the rear yard is not possible as the storage (net) volume of soil within the site cannot be altered.

 

5.    State Environmental Planning Policy No. 1 Objections

 

5.1      Clause 20F - Floor space ratios

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

 

A maximum FSR standard of 0.65:1 is applicable to the subject site pursuant to Clause 20F of the Randwick Local Environmental Plan 1998. The proposed multi-unit housing development will result in an FSR of 0.711:1 (or approx. 310.36m²).

 

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

 

Matter 1

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

 

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

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

 

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

 

1)     The proposed building has been designed to be sympathetic to the character of the existing area and incorporates various building materials (i.e. colourbond roof, cladding and rendered walls) and appropriate architectural built form such as pitched roof and dormer windows, that will create visual interest when viewed from the street and also enhance the visual character of the area.

 

2)     The development will appear as a single storey building with a long dormer window and pitched roof from the street and is consistent with the bulk and scale of the adjoining development.  It is not considered that the proposed development will result in any significant adverse amenity impact on the adjoining properties in terms of overshadowing, loss of privacy or views.

 

3)     The proposal will continue to provide adequate amount of communal and private open spaces for the occupants of the buildings and the proposed landscaped area fully complies with the relevant development standard.

 

Assessment Officer Comments:

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

  

·      The proposal will have adequate landscape area (52% or 325.7m² of site area) which complies with the minimum 50% requirement under Clause 20E of the Randwick LEP 1998 and, as such, contributes towards limiting the size, scale and site coverage of the proposed building.  Adequate private and communal open spaces are provided on site to service the needs of occupants. Also, the proposal will have adequate deep soil landscaping of approximately 28.45% (or 124.1m²).

 

·      The excess floor area, amounting to 26.83m², will be suitably distributed throughout the proposed building mass such that it would have a height, bulk and scale consistent with, and no higher than, the adjoining and surrounding development which will provide a good connection to the street.

 

·      The detached building is well articulated as it adopting an attic style design on the first level which minimises the bulk of the structure as viewed from the public domain. Refer to figure 1 below.

 

·      The character, size, bulk, scale and height of the proposed development is consistent with that of multi-unit housing development in neighbouring sites such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality.

 

·      The proposal will be consistent with the objectives of the Residential 2B zone in which the site is located as primarily it will contribute towards the variety of housing types in the area, provides housing opportunities in a location that is highly accessible and is well serviced; is designed to ensure that no unreasonable adverse environmental impacts on adjoining properties in respect to overshadowing, visual and acoustic privacy and views; is appropriately designed and landscaped to be compatible with adjacent residential developments and the existing environmental character.

 

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

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provide that appropriately justifies that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

Figure 1: Perspective view – (Looking north-west from Dolphin Street)

 

Matter 2

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

 

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

 

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

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

 

The variation from the FSR control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because:

 

·      it will have a height, bulk and scale that will not detract from the predominant existing character of its specific location containing predominantly medium density residential development of various architectural form and design.

 

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

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the low to medium density housing forms in the locality, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.  There is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

The underlying objective or purpose of the standard is not relevant to the subject development.

 

Third

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

 

Comments:

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

Fourth

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

 

Comments:

The maximum FSR development standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

The existing Residential 2B zoning is not considered to be inappropriate for the locality, which is characterised by low to medium density residential development. 

 

5.2      Clause 20G – Building heights

The proposal seeks a variation to the maximum building heights standard. The proposed building has a maximum external wall height of 8.5m which exceeds the maximum specified in Clause 20G (3) Randwick LEP 1998 (Consolidation) of 7m.

 

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

 

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

 

The stated purpose of the standards as outlined in the LEP is:

 

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

 

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

 

1)  The height, bulk and scale of the proposed development are consistent with other two to four storey buildings in the immediate vicinity of the site.

 

2)  The variation with the wall height standard is relating to the sloping nature of the subject site and the provision of a gable roof and dormer window with area greater than 6m².

 

3)  The proposed development is up to 1.5m higher than the maximum wall height limit and only relates to the dormer section of the building facing north.  The variation is considered to be minor and will not result in any significant adverse impacts upon the amenity of neighbouring properties in terms of overshadowing, loss of privacy and views, or visual bulk and scale.  In addition, the proposed roof form is also compatible with other buildings in the vicinity and the local streetscape.  Note: the northern wall of the dormer section facing north projects out from the pitched roof, 2.3m approximately. Refer to figure 1 above.

 

4)  The proposal provides a high quality contemporary residential development that is sympathetic to the existing and desired future character of the locality.

 

Assessment Officer Comments:

The applicant’s arguments are considered sound for the following reasons:

 

·      The proposal will have adequate landscape area (52% or 325.7m² of site area) which complies with the minimum 50% requirement under Clause 20E of the Randwick LEP 1998 and, as such, contributes towards limiting the size, scale and site coverage of the proposed building.  Adequate private and communal open spaces are provided on site to service the needs of occupants. Also, the proposal will have adequate deep soil landscaping of approximately 28.45% (or 124.1m²).

 

·      The height of the proposed development is consistent with that of multi-unit housing development in neighbouring sites such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality. In particular, the proposal would present as a two storey development when view from the streetscape and the dormer windows within the roof form will further minimises the bulk and scale of the development.  Refer to figure 1 above.

 

·      The proposed built form has incorporated dormer windows within the roof design, staggered wall planes, window openings and a combination of surface finishes on all elevations, which will appropriately articulate the building facades, create visual interest and minimize the overall building height. The above design measures will also minimize the visual scale and bulk of the building. Overall, the architectural character and form of the proposal is considered to carry positive design merits.

 

·      The additional external wall height is manly due to the typography of the site and the open sub-floor area which was required to address flooding concerns.

 

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

 

·      The proposed non-compliance does not result in any inconsistencies with the objectives of the 2B zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the build heights standard. In particular, the proposed development will be in keeping with the existing height and scale of housing development in adjoining and surrounding sites, and will not dominate these developments.

 

·      The proposal will be consistent with the objectives of the Residential 2B zone in which the site is located as primarily it will contribute towards the provision of a medium density residential environment.  Also, the proposal will maintain the desirable attributes of established residential areas being appropriately designed and landscaped to be compatible with adjacent residential developments and the existing environmental character; protect the amenity of existing residents in terms of privacy, solar access, views and bulk and scale impacts as indicated in relevant assessment sections of this report.

 

·      Any impacts of the proposed breach in wall height standard will be mitigated by the considered design of the proposed development including dormer windows within the roof form and a relatively compressed built form. The proposal maintains the objectives governing height as listed within the DCP – Multi-unit Housing:

 

- To use maximum height limits to assist in responding to the desired future character of the local context.

- To minimise the impact of development on adjoining and nearby land.

- To control the bulk and scale of development.

 

The proposal satisfies the purpose of the building height standards and the SEPP 1 Objection is well founded.

 

Matter 2

Matter 2: The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

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

 

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

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

 

The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act. The proposed development would have an acceptable impact on the character of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the building Heights standard is consistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

Matter 3: The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The external wall height standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

The existing Residential 2B zoning is considered to be appropriate for the locality.

 

Summary

The submitted SEPP 1 Objections have adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. As such, it is considered that the objections are well founded.

 

6.    State Environmental Planning Policy No. 55 – Remediation of Land

 

The site has not been identified as including any contaminated land or having sustained any previous uses which may have resulted in contamination.

 

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

 

SEPP65 is applied to the erection of any new residential flat building located within the state of New South Wales. A residential flat building is defined in Part 1, Section 3: definitions as comprising or including any residential building that is:

 

(a)   3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and

 

(b)   4 or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops), but does not include a Class 1a building or a Class 1b building under the Building Code of Australia.

 

In accordance with Part 1, Clause 4 (Application of Policy) of the SEPP, as the proposal does not involve any modifications to the existing residential flat building on the site, none of the items contained in subclause 1 below applies to this development, that is,

 

(1)    (a)  the erection of a new residential flat building, and

(b)  the substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

(c)  the conversion of an existing building to a residential flat building.

 

As such, the proposal is not subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings.  Further, it was clarified by the Department of Planning that SEPP 65 applies to the building and not the site, which is indicated in subclause 2 of the SEPP, and reads:

 

(2)  If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part.

 

8.    Community Consultation

 

The application was advertised and notified to the adjoining and nearby properties from 4 April 2012 to 20 April 2012 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. A total of nineteen (19) submissions were received.

 

8.1      Objections

The following submissions were received at the conclusion of the public consultation process:

 

Unit 1/230 Carrington Road, Randwick

Unit 2/230 Carrington Road, Randwick (A total of 3 submissions were received from this house hold)

Unit 3/230 Carrington Road, Randwick (A total of 3 submissions were received from this house hold)

Unit 4/230 Carrington Road, Randwick

Unit 5/230 Carrington Road, Randwick

Unit 6/230 Carrington Road, Randwick

39 Dolphin Street, Randwick from the Executive Committee SP 38062

Unit 1/39 Dolphin Street, Randwick

Unit 3/39 Dolphin Street, Randwick

Unit 8/39 Dolphin Street, Randwick

Unit 14/39 Dolphin Street, Randwick

46 Dolphin Street, Randwick

Unit 11/52 Coogee, Randwick

Unit 15/52 Coogee, Randwick

PO Box 606, Coogee 2034

 

The issues raised in the submissions are summarised below and addressed as follows:

 

Issue

Comment

Bulk & scale:

- The proposed FSR is over the allowable maximum.

- The proposed two bedroom unit to the rear of the property is an over development of the site.

- The proposed development is not compatible with the objectives of the zone.

- The SEPP 1 Objection does not appropriately address the impacts of the increased bulk particularly in relation to privacy and loss of amenity.

The proposal is considered to satisfy the relevant objectives and performance requirements of Council’s planning controls in that the built form, height and scale of the development will not detract from the residential character of the locality nor result in detrimental visual impacts on the streetscape. The development is consistent with that of multi-unit housing development in neighbouring sites such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality. 

 

Furthermore, the proposal accords with the purpose of the FSR control standard which requires the relevant standards to operate together with other statutory controls (landscaped area) to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

Refer to the “SEPP 1 Objections to FSR and Building Heights” and “DCP” sections of this report which demonstrates that the proposed will be sympathetic to the character of the existing streetscape and will not result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

Moreover, despite the proposal not complying with the existing FSR control, it will be compliant with the control under the Draft LEP 2012 which reflects the desired future character of the area.

 

Building Height

- The proposal excesses the permissible height of 7m under Clause 20G of the LEP.

- The additional height causes overshadowing impacts.

- Non compliance with the height and FSR controls result in over development of the site.

-The height of the proposed development will impact adversely upon nearby residences, through the obstruction of views and the imposition of the loss of privacy.

 

Refer to SEPP 1 Objection for building height control and DCP section of the report which demonstrates that the character, size, bulk, scale and height of the proposed development will be suitably distributed throughout the proposed building mass.

 

The development will not result in any unreasonable amenity impact to the neighbouring properties in terms of overshadowing, privacy, view loss and fresh air.

 

The development is consistent in scale and height with other multi-unit housing development within the area.  The building design provides appropriate articulation with use of dormer style windows within the roof form, different building material and finishes to create visual interest to the façade of the building which will reduce the visual impact from the streetscape and adjoining sites.

 

Further, it has been demonstrated in this report that the relevant objectives and performance requirements of the DCP have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the desired future character of the locality.

 

Building Setbacks

- The front setback along Dolphin Street is not consistent with the adjoining development or the dominate setback along the street.

- The rear and side setbacks are not in accordance with the DCP.

- The building that is close to the retaining wall has the potential to create ground instability between properties.

 

The subject site is located on the corner of Carrington Road and Dolphin Street. Its position as a corner site creates a situation where it effectively has two street frontages; however, it would be unreasonable to impose a requirement that both frontages respect the established front setbacks of both Carrington Road and Dolphin Street and to require that both elevations address the streetscape as a front elevation. As such, the treatment of the Dolphin Street façade is considered to be appropriate and, furthermore, has been designed with respect to the established setback of the site. Also, it would be difficult to achieve the average setback along the street and still providing a functional floor plate.

 

The proposed planter box to the front of the building will soften the appearance of the building when viewed from the public domain.  The proposed development is consistent with that of multi-unit housing development in neighbouring sites such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality.

 

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation. The proposal is considered to be satisfactory and will meet the above requirements. 

 

Refer to the “DCP” section 12 of this report for details, which demonstrates that the proposed development will satisfy the objectives and performance requirements of the DCP for setbacks and not unreasonably impact on the amenity of the adjoining properties and streetscape.

 

In relations to the stability of any adjoining retaining walls, suitable conditions have been included to ensure that proposed building works are appropriately supported to protect the adjoining premises from possible damage.  Also, a condition is included which requires a dilapidation report to be prepared by a professional engineer, building surveyor or other suitably qualified independent person.

Sunlight

- Loss of sunlight.

 

The shadow diagrams indicate that the proposed will not have an unreasonable impact on the neighbouring properties as the shadows will mainly cast on the footpath, street and driveway. 

 

Also, there is adequate separation between the neighbouring sites to allow for acceptable levels of sunlight. 

 

Refer to DCP section 12, which demonstrates that the proposed development will satisfy the objectives and performance requirements of the DCP for Solar Access and Energy Efficiency.

 

Landscaping

- The landscaped area is below the minimum requirement.

- The proposed development is in direct conflict with the zoning objectives of Clause 28 Tree preservation orders, section (7), (B) & (C).  Removal of the trees will impact and destroy the natural habitat for wild life and diminish the garden feeling which presently exists.

 

- The removal of trees in the rear yard will create a visual amenity impact to surrounding properties and will create a high-density wall around the site.

 

- Removal of the trees will reduce privacy levels.

 

- The trees currently protect views of Carrington Road this will complete change.

 

- Greening our City Strategy commits to a tree preservation process and refers to the importance of trees on urban streetscapes.  The proposed removal of trees works against that policy and will impact negatively on both views and the landscaped area.

 

- Would like the tree located on the Dolphin Street footpath to the east of the proposed driveway for the garage to be remain.

 

 

The proposed landscaped area complies with the requirements of the LEP & DCP. Also, there are both useful and adequate private and communal areas provided for the occupants of the new and existing units to satisfy the needs of the residents.  Adequate soft landscaped area will be retained on the site to facilitate infiltration of stormwater.

 

Council’s Landscape officer has reviewed the plans and has no objections to the removal of the trees in the rear yard and street.  Refer to Section 9.1 for detailed comments for justification of there removal. 

 

 

 

 

Visual and Acoustic Privacy

- Loss of visual privacy due to rear balconies.

 

- Privacy concerns to back yard.

 

- Increase in noise and pollution concerns.

 

 Health and wellbeing

- The dust and noise impacts caused by the building will have a health risk.

 

Amended plans have been received, which demonstrates majority of the window and door openings to the proposed development will not unreasonably impact on privacy.  Where there maybe some overlooking impacts a condition has been included to address these concerns. 

 

Generally the proposed development will satisfy the relevant objectives and performance requirements of the DCP. Refer to DCP section 12 for further details.

 

Conditions have been included within the consent to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction. The conditions also include that 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.

Parking

- Major parking concerns due to a loss of on-street parking from the proposed driveway along Dolphin Street.

 

- Parking will be further limited.

 

- The addition of further car movements in Dolphin Street and Carrington Road will significantly increase vehicle pressures in the area and cause congestion.

 

There is no off-street parking currently available on the site. Council’s DCP for parking only requires that additional parking be provided to cater for additional demands arising from increased in floor space or change of use.  

 

The applicant will only be required to provide parking for the additional 2 bedroom unit.  Therefore, the existing parking deficiency of 5 car parking spaces is acceptable and is considered as a parking credit.

 

Council’s DCP-Parking for multi unit dwellings requires that an additional 1.2 (or 1) spaces be provided for a 2 bedroom dwelling. This is proposed within the new garage which is accessed off Dolphin Street.

 

It is not considered that the proposal will significantly increase parking pressure or congestion in this section of the street.

 

Further, the topography and flooding issues on the site restricts the possibility of additional parking spaces. Moreover, the additional car space proposed on the site would see the loss of possibly one (1) on street car space, depending on the car lengths parking along this section of Dolphin Street; and consequently, the gain of one (1) off street car space will result in a loss of one (1) on street car space.  Therefore, it is not anticipated that the proposed development will result in a significant increase on parking pressure on this street and the benefit of the proposal out weights any deficiency. 

 

The following points above demonstrate that the proposal will satisfy the objectives and performance requirements of the DCP. 

Stormwater and flooding

- Increased flooding concerns.

 

- The reduction in soft landscaping will further increase the potential for major flooding issues.

 

Council’s Development Engineers have reviewed the proposal and conclude that the proposal will not significantly affect flood levels in the locality

 

There is adequate soft landscaped area on the site to facilitate infiltration of stormwater.  In any case, the above design measures will ensure that adequate drainage measures are provided for the premises, to maintain adequate levels of amenity and to avoid nuisance or damage to the adjoining premises.

Incorrect statement

- The Statement of Environmental Effects is misleading, incorrect and the proposal does not consider the impacts to surrounding properties. 

The Statement of Environmental Effects submitted has addressed the relevant matters for consideration in order for Council to adequately assess the application.

LEP

- The proposed development is inconsistent and in direct conflict with the zoning objectives of Zone No. 2B section (A), (B) & (C). The proposed detached dwelling with the existing residential flat building will create a severely overcrowded block of land and surrounding.

 

- The proposed development breaches Council regulation.

 

The subject site is zoned Residential B under the Randwick Local Environmental Plan 1998 (RLEP). The proposal for a new detached multi dwelling house is permissible with Council's consent under the zoning provisions applying to the land.

 

The proposal is also considered to be in general accordance with the relevant objectives of the Residential 2B Zone, which are:

 

§ To provide for a low to medium density residential environment, and

§ To maintain the desirable attributes of established residential areas, and

§ To protect the amenity of existing residents, and

§ To encourage housing affordability.

 

The proposed development is compatible with the desired low to medium density residential environment.  The proposal will provide additional residential accommodation for the area and the proposal will have a bulk and scale that is commensurate with the adjoining development.

 

As such, the proposal is considered to satisfy the relevant zone objectives.

Devaluation of property

Devaluation to surrounding properties.

 

The effect of a proposal on property values is not a factor that can be considered under Section 79C of the EP&A Act in the determination of a development application.

Excavation

- The DCP states that excavation should not occur within 3 metres of the rear boundary. In this instance the building will only be a metre from the rear boundary. 

 

- Concerns with the depth of excavation within a flood prone area.

 

The extent and location of excavation appears to be relatively moderate. Nevertheless, suitable conditions will be imposed upon any consent to protect the structural integrity of adjacent properties during construction.  Refer to section 11, Clause 40 – Earthworks for further discussion.

 

 

8.2 Support

There are no supporting letters submitted with this application.

 

9.    Technical Officers Comments

 

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

 

9.1      Development Engineers

This report is based on the following plans and documentation:

·      Architectural Plans by John Spiteri dated  Surveyors

·      Statement of Environmental Effects stamped by Council 20th March 2012.

·      Detail & Level Survey by Ballenden Surveyors dated 11th August 2010;

 

Flooding Comments

The site is located within an entrapped low point and contains a significant floodway.  As potentially serious flooding issues are apparent the application was referred to Council’s Drainage Engineer who has previously provided the following comments in pre-lodgement advice;

 

The site is located within a trapped low point and is below the downstream street level.  A significant watercourse/natural depression traverses the site.  The site has been identified as being located within a high hazard area. The northern portion of the site has been identified as being located within a floodway.

Flood levels for this site are as follows:

·      The level of the Probable Maximum Flood (PMF) is 20.3m AHD

·      The level of the 0.2% Annual Exceedance Probability (AEP) flood is 19.5m AHD

·      The level of the 1% AEP flood 19.2m AHD

·      The level of the 5% AEP flood is 18.8m AHD

Flooding related development requirements for this proposal are as follows:

·         No structures are permitted within the floodway (i.e. no structures permitted within an area bound by, the northern property boundary,  1.6m offset from the northern boundary, the east boundary and 7m from the west boundary.)

·         There shall be no net loss of floodplain storage volume below the 1% AEP flood (i.e. flood water is not to be displaced and the proposal will need to demonstrate using appropriate plans and calculations that the total volume available for floodwater on the site below 19.2m AHD is not reduced)

·         Garage floor levels shall be the greater of either the 1% AEP flood plus 0.15m freeboard (i.e. 19.2m + 0.15m = 19.35m AHD) or sufficiently above the level of Dolphin Street so as not to cause nuisance flooding of the garage.

·         Habitable and all other floor levels shall be no less than the 1% AEP flood plus 0.5m freeboard (i.e. 19.2m + 0.5m = 19.7m AHD).

·         The undercroft below the minimum floor levels shall not be enclosed and a covenant/restriction shall be placed on the property title prohibiting this area from being enclosed.

·         Vehicle and pedestrian access from the building shall be via Dolphin Street to ensure safe evacuation from the site during times of flood.

·         The structure shall be constructed to withstand the forces of floodwaters, including debris and buoyancy for the 1% AEP flood.

·         The structure shall be constructed from flood compatible building components below the 1% AEP flood plus 0.5m freeboard (i.e. 19.2m + 0.5m = 19.7m AHD).

·         No goods are to be stored below the 1% AEP flood plus 0.5m freeboard (i.e. 19.2m + 0.5m = 19.7m AHD).

 

The above comments were forwarded to applicant with pre-lodgment advice and it is noted that the plans submitted with this development application generally demonstrate compliance with the above requirements. There are some structural elements located within the restricted floodway zone but these are restricted to structural columns only and will not significantly affect overland flow or storage volume below RL 19.2 (AHD). 

 

Parking Comments

Parking provision

There is no off-street parking currently available on the site. The existing parking deficiency is therefore considered as a parking credit and the applicant will only be required to provide parking for the additional 2 bedroom unit. Hence Council’s DCP-parking for multi unit dwellings requires that an additional 1.2 (1) spaces be provided. This is proposed within a new garage with access off Dolphin Street.

 

The internal garage dimensions comply with the minimum requirements of Australian Standard 2890.1:2004.

 

Drainage Comments

An on-site stormwater detention system must be provided for the redeveloped portion of the site to ensure that the maximum discharge from the redeveloped portion 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 redeveloped portion of 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.

 

Waste Management Comments

The additional unit will generate an additional 120L/week of normal garbage and 60L/week of recycling. The existing number of bins is adequate to cope with this additional demand.

 

Strata Plan Comments

An existing strata scheme operates on the site under SP 12279 which consists of 4 strata lots and common property. As part of this application the applicant is seeking a strata subdivision of the site to include the proposed unit within the strata scheme. This will require new strata plans be prepared for the site strata subdividing the existing site into 5 strata lots and common property. Draft strata plans have now been received

 

Tree & Landscape Comments

Growing on Council’s Dolphin Street verge, adjacent the rear portion of the site, there is a row of three, semi-mature Lophostemon confertus (Brush Box), of between 5-8m in height, which all appeared in fair health and condition, and are also covered by the provisions of Council’s Tree Preservation Order (TPO) due to their location on public property.

 

They comprise one roughly in line with the western site boundary, which was observed to have an upright form and a sparse canopy cover, and while the next tree a few metres to its east is not as tall, it can be assigned a good condition rating as its canopy displays a more dense leaf cover and well formed branching structure; however, this tree is in direct conflict with the proposed vehicle crossing, with the third tree further to the east again, about halfway along the length of this frontage, sited well away from all works, so would remain unaffected.

 

No objections are raised to removing the centrally located tree in order to accommodate the proposed works as shown, primarily as the other trees in this area can remain which will minimise any loss of amenity or impact on the streetscape, and consistent with advice provided for the Pre-lodgement, conditions also require that the applicant cover relevant costs, with the other two trees to be protected and retained.

 

The closely growing stand of 10m tall Erythrina x sykesii (Coral Trees) located centrally in the rear yard are the only established vegetation at this property, and while they were also observed to perform a desirable screening function between this area of private open space and the unit block to the west, 39-41 Dolphin Street, they are not deemed suitable for retention in such a residential situation, irrespective of the proposed works, for a variety of reasons.

 

They are in poor condition, with their branching structure consisting entirely of mature sucker growth that has emerged from a common point near ground level, which are also ‘included’, and is justification to support their removal on the grounds of safety, even irrespective of the proposed works.

 

This species is well know for its general instability and propensity for trunk splits, branch drop, and part failure, and as they are also recognised as an invasive environmental weed, are no longer available in cultivation, and so should not pose a constraint to the proposed development in anyway.

 

Consistent with the pre-lodgement advice, approval has been given for their removal so as to accommodate the proposed granny flat as shown, with replacement plantings also needing to be provided to assist with integrating the new building into the surrounding area.

 

While the group of 3-4m tall Dypsis lutescens (Golden Cane Palms) growing in the raised planter along the southern boundary are not significant in size, they are a desirable species, and given their distance from the works, would remain unaffected, so should be incorporated as part of the site improvements.

 

The ground level of the rear yard (in the area of the proposed works) falls steeply by as much as 3m from south to north, which creates an uneven and unusable area of private open space between both buildings, with a condition included requiring that some minor terracing or similar be undertaken so as to improve the area and provide a meaningful area of private open space.

 

10. Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 10,000m2 only if:

 

(a)   A master plan has been adopted; and,

(b)   The consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.

 

The site has a land area of 436.2m² and a master plan is not required.

 

11. Relevant Environmental Planning Instruments

 

Randwick LEP 2012 was gazetted on 1 February 2013 and formally commenced on 15 February 2013, replacing Randwick LEP 1998 (Consolidation).  This development application was lodged before commencement of this Plan and therefore, Clause 1.8A Savings provision relating to development application under the Randwick LEP 2012 applies.  Consequently, this application is primarily assessed under the Randwick LEP 1998 (Consolidation).

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned Residential 2B under RLEP 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal is consistent with the aims of the LEP and the specific objectives of the Residential 2B Zone; in that it will deliver a multi-unit housing development, which is compatible with the desired character for the locality.

 

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

 

Part 2B - Principle Development Standards

The proposal has been assessed against the principle development standards relevant to the Residential 2B Zone, below. The proposal exceeds the LEP development standards in relation to FSR and building heights. State Environmental Planning Policy 1 objections are detailed in Section 5 of this report.

 

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

 

Clause 20E - Landscaped areas

Clause No.

Requirement

Proposal

Compliance

20E (2) - Landscaped Area for Zone 2B

 

 

 

 

 

 

 

50% of site area (or 218.1m²)

 

 

 

 

 

 

 

The proposed landscaped area is 52.7% (or 230m²) and 28.45% (or 124.1m²) is proposed for deep soil landscaped area.

 

Complies

 

 

 

 

 

 

 

 

 

31(3) – Landscaped Area over Basement

 

 

 

 

 

Landscaped areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements. (max. 240.75m2).

Nil

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

Clause 20F - Floor Space Ratio

Clause No.

Requirement

Proposal

Compliance

20F  –  Floor Space Ratio

 

 

0.65:1 (312.975m2)

 

 

 

0.711:1 (or 310.36m² GFA)

 

 

No (SEPP 1 Objection submitted)

 

 

Clause 20G - Building heights

Clause No.

Requirement

Proposal

Compliance

33(1) – Building Height

 

 

 

 

 

 

Maximum height is 9.5m

 

 

 

 

 

 

Applicant’s calculation: Max. 8.4m

 

Council’s calculation: Max. 8.89m

 

Complies

 

 

 

 

 

 

33(3) – External Wall Height

 

Maximum height is 7m

 

 

Max. 8.5m

 

 

No (SEPP 1 Objection submitted)

 

Clause 9 - Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”. With reference to the general aims, the proposed development will not compromise the aims of the LEP in relation to aesthetic character, sustainability, environmental qualities and social amenity of the locality and contribute to the variety of housing types that does not compromise the amenity of the residential area, consistent with the zone objectives as detailed under Clause 11 below.

 

Clause 11 Zone No 2B (Residential B Zone)

The subject site is zoned Residential B under the Randwick Local Environmental Plan 1998 (RLEP). The proposal for a new multi-unit housing development is permissible with Council's consent under the zoning provisions applying to the land.

 

The proposal is also considered to be in general accordance with the relevant objectives of the Residential 2B Zone, which are:

 

·      To provide for a low to medium density residential environment, and

·      To maintain the desirable attributes of established residential areas, and

·      To protect the amenity of existing residents, and

·      To encourage housing affordability.

 

The proposed development is compatible with the desired low to medium density residential environment. The proposal will provide additional residential accommodation for the area and the proposal will have a bulk and scale that is commensurate with the adjoining development.

 

As such, the proposal is considered to satisfy the relevant zone objectives.

 

Clause 22 - Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development.

 

The provision of utility services will be required by appropriate conditions of consent.

 

Clause 40 - Earthworks

Clause 40 of the Randwick LEP contains provisions for undertaking of excavation and filling of land. The proposal will require minor earthworks to be undertaken to construct foundations for the building. The works are required to make the site functional for the proposed development but will not result in any detrimental impact on the topography of the site; subject to conditions is unlikely to interrupt the drainage patterns of the site or result in soil instability. Council Development Engineers have expressed no objections with regard to flooding matters and have imposed appropriate drainage conditions to be incorporated into any development consent granted.

 

Conditions have been recommended requiring dilapidation reports to be submitted in relation to retaining walls and dwellings on adjoining sites that sit within the zone of influence associated with proposed excavations. Recommended conditions also require all excavations to 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 to prevent the movement of soil and to support the adjacent land and buildings where necessary. The volume and nature of earthworks proposed are not likely to have any impact on the future use or development potential of the site. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

(b)    Randwick Local Environmental Plan 2012

Under the LEP 2012, the subject site is located in the R3 Zone – Medium Density Development. The objectives of the zone are:

 

(a)   To provide for the housing needs of the community within a medium density residential environment.

(b)   To provide a variety of housing types within a medium density residential environment.

(c)   To enable other land uses that provides facilities or services to meet the day to day needs of residents.

(d)   To recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition, contribute to the desired future character of the area.

(e)   To protect the amenity of residents.

(f)   To encourage housing affordability.

(g)   To enable small scale business uses in existing commercial buildings.

 

The proposal is consistent with the relevant objectives of R3 zone under the LEP 2012, in that it is compatible with the desired medium density character of the area which is characterised by a mix of residential types including multi dwelling housing and residential flat buildings.

 

The main development standards applicable to the site in accordance with the Randwick LEP 2012 are outlined below. The amended proposal complies with the development standards in Randwick LEP 2012.

 

Draft LEP Clause

Draft LEP Standard

Proposed

Compliance

Floor Space Ratio.

0.9:1

0.711:1 (or 310.36m² GFA)

 

Yes

Building Height.

12 metres measured vertically from any point on ground level.

Applicant’s calculation: Max. 8.4m

 

Council’s calculation: Max. Approximately 8.89m

Yes

 

12. Policy Controls

a.      Development Control Plan - Multi Unit Housing

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

The application was accompanied by a site analysis plan reflecting the elements of the proposed development.  

 

P2 Development sites have appropriate areas/ dimensions to allow for satisfactory siting of buildings.

S2 Sites are of regular shape with frontages of at least 20m.

The site is of regular shape and is a corner allotment having two frontages.  The Carrington Road frontage is 7.01m with a corner splay of 3.45m.  The Dolphin Street frontage is 44.045m. 

 

The development is located to the Dolphin Street frontage. While the main frontage width is to Carrington Road, there is more than adequate dimension along Dolphin Street to cater for the proposed development of an additional unit. 

 

The scale and density of the proposal is considered to be acceptable and adequate setbacks from the side boundaries have been provided which is consistent with adjoining properties.

 

Therefore, it is considered that the dimension and configuration of the site is suitable for the medium density housing purposes.

 

P3 Development on corner sites responds to both street frontages.

 

No works are proposed to the Carrington Road frontage.  The proposed development is along the Dolphin Street frontage and the development addresses this frontage appropriately.

Height

P1 Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.

 

 

 

The building complies with the LEP maximum height controls of 9.5m; however, the external wall height of the development is 8.5m.

 

The proposed wall heights, location and orientation of the building do not cause adverse impacts to the streetscape or adjoining properties in terms of visual bulk, scale or unreasonable overshadowing.

 

The proposed height of the building will sit comfortably in its built form context.  The objectives and performance requirements of the DCP are met.

 

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

Building Setbacks

P1 Front boundary setbacks - The front setback consistent with streetscape.

 

The subject site is located on the corner of Carrington Road and Dolphin Street. Its position as a corner site creates a situation where it effectively has two street frontages; however, it would be unreasonable to impose a requirement that both frontages respect the established front setbacks of both Carrington Road and Dolphin Street and to require that both elevations address the streetscape as a front elevation. As such, the treatment of the Dolphin Street façade is considered to be appropriate and, furthermore, has been designed with respect to the established setback of the site. Also, it would be difficult to achieve the average setback along the street and still providing a functional floor plate.

 

The proposed planter box to the front of the building will soften the appearance of the building once viewed from the public domain.

 

Overall, the building design provides appropriate articulation with use of dormer style windows within the roof form, different building material and finishes to create visual interest to the façade of the building.

 

P2  Side boundary setbacks

Side setbacks to ensure:

·      Solar access maintained and overshadowing minimised.

·      Privacy between adjoining dwellings and open spaces.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

The building is setback 1m on the ground floor level and 1.36m on the first floor level from the northern and southern side boundaries.

 

The proposed development does not adopt a minimum average setback of 5m from any side boundary and the maximum length of wall without articulation is greater than 10 metres on the ground floor level.  Also, the development does not adopt a minimum length of 3m for any step in the wall.

 

While the proposal does not adopt the preferred side setback solution of the DCP, it will achieve the performance requirements of the control in that:

·     Reasonable levels of solar access are maintained to the adjoining properties.

·     Subject to conditions privacy is adequately maintained between adjoining dwellings and adjoining rear private open spaces. 

·     Adequate landscaping and private open space is provided for the site.

·     The amenity of the streetscape will be retained in that the new development sits comfortably in its built form context and is consistent with the setbacks found in the street.

Overall, the detached building is well articulated as it adopting an attic style design on the first level which minimises the bulk of the structure as viewed from the public domain.

P3  Rear Boundary Setbacks

Ensure that:

·      Solar access and overshadowing are minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

·      Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

·      Building built across site.

S3  Zone 2C

 

Minimum average setback 8 metres.

 

No part closer than 6 metres.

 

Maximum length of wall without articulation 10 metres.

 

Minimum length of any step is 3 metres.

 

The proposed setback will not result in any unreasonable overshadowing, visual privacy or visual bulk impacts to surrounding properties or the street. See discussion below for detailed assessment relating to density and privacy. 

 

Adequate communal area is retained to the centre of the site between the existing building and proposed unit which allows for recreation facilities and outdoor clothes drying spaces.

 

Maximum length of wall without articulation is approximately 7.45m. Complies.

 

P4  General

Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on adjoining properties.

S4

No device may encroach more than 25% of the Preferred Solution.

There are no unreasonable adverse impacts on adjoining properties arising from eaves, window hoods and other sun-shading or weather protection devices.

Density

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

The proposed development is not inconsistent with the character of the locality and the proposed detached building maintain even distribution of scale and form to ensure that adequate character/scale elements are afforded to the streetscape.

Building bulk has been distributed to avoid unacceptable impacts upon adjacent properties. (Refer to the SEPP 1 objection in Section 5.1).

Fences

P1  Fences to be/have:   

·    consistent with streetscape;

·    Entrances highlighted; and

·    Planting used to soften and provide privacy.

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

The proposal includes a new planter box to the front of the unit which is located on the Dolphin Street boundary frontage and a vertical blade wall for the mail box.

The proposed planter box and blade wall to the Dolphin Street boundary frontage will create visual interest to the front of the building, will improve the visual athletics of the building and presentation to the rear of the subject site; and will integrate positively with the building and established fencing form and arrangement in the streetscape.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1

Minimum for landscaped area 2 metres.

Landscaped area complies with LEP development standard.

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

A communal area is retained to the centre of the site between the existing building and proposed unit.  Currently the rear communal open space to the rear of the site is not fully utilised due to typography of the site.  The proposal will be slightly improving the rear communal area; however it was advised by Council’s Development Engineers that the site can not be fully flattened due to flooding concerns.

 

In addition to the above, the proposal provided for one new private balcony which is off the open living area.  This balcony provides useful area of private open space for outdoor living and recreation which will serve the needs of the future occupants and provide a reasonable standard of amenity. 

 

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

Private open space in the form of balcony is provided for the proposed unit. As discussed above the balcony is readily accessible from the living area and offer adequate opportunities for outdoor recreation/living.

 

P4 Is located in front of the building only where setback and fence design sympathetic.

 

Not applicable.

 

 

 

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

S6

Minimum of 8m2 and minimum dimension of 2 metres.

The rear private balcony is 8m² and is off the living area. Complies.

 

 

 

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to avoid overlooking windows in adjoining dwellings and private open space.

S1

Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

The window and door openings along the southern elevation are considered to be acceptable as they will overlook the street. The window openings along the northern elevation are also acceptable as they have fixed obscure glazing provided to the bottom panel of the window or are of obscure glazing.  However, some of the proposed window openings to the eastern and western elevations maybe impose privacy impacts to the neighbouring properties and therefore, a condition is included which requires one of the follow design measures to be implemented:

 

·    Use of fixed obscured glazing to a sill height of 1.5m; or

·    Installation of external screening devices; or

·    Provision of 1.5m high sill windows.

 

The following window openings are of concern:

 

 

 

East elevation:

 

The kitchen window opening on the ground floor to the far northern end of the eastern elevation.

 

West elevation:

 

The two bathroom window openings on the first floor level.

 

The remaining window openings to the eastern and western elevation are acceptable as will either overlook the street, rear yard of the subject site or have fixed obscure glazing provided to the bottom panel of the window openings.

 

Provided one of he following privacy measures are implemented to the above window openings, the proposed development should not compromise privacy levels of the adjoining sites. The objectives and performance requirements of the DCP for Visual & Acoustic Privacy will be satisfied.

 

P2 Private open space design and location ensure privacy.

 

The rear facing balcony at the elevated ground floor level is adequately screened to minimise direct overlooking of the adjoining properties.

 

P3  Acoustic Privacy

Building layout and design minimises noise transmission of noise. Quiet areas separate noise-generating activities.

 

Layout is satisfactory for internal acoustic privacy.

 

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

This aspect of the proposal would need to comply with BCA.

View Sharing

P1 Design and location of buildings considers surroundings for assessing impact on views.

 

Not applicable.

P2 Development minimises effects on views and shows how view loss is minimised.

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

 

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

The proposal has been designed to minimise loss of solar access. Complies

 

 

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

The proposal will not result in unreasonable overshadowing impacts on the solar panels on the rooftops of adjoining dwellings.

 

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

The living room windows of neighbouring properties will not be impacted by the proposed development as the shadows will cast on the street.

 

 

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

Shadow diagrams indicate that there will be no unreasonable overshadowing impacts as majority of the overshadowing will cast on the footpath, street and adjoining property’s driveway.

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·    Living areas are orientated to the north.

·    Larger windows are located on the north.

S4

75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The Anthers rating for each dwelling (on a typical unit basis) is provided with the application.

BASIX certificate has been provided and considered acceptable.

P5 Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

 

The proposed roof design is considered satisfactory in relation to supporting any potential future installation of solar panels. Complies

 

Safety and Security

P1 Design allows surveillance.

 

The building design allows for adequate street surveillance with the living and bedroom windows overlooking the street.

P2 Approaches and entries are visible.

 

P3 High walls and structures avoided.

 

No unnecessarily high walls. Complies.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

There is no off-street parking currently available on the site. Council’s DCP for parking only requires that additional parking be provided to cater for additional demands arising from increased in floor space or change of use.  

 

The applicant will only be required to provide parking for the additional 2 bedroom unit.  Therefore, the existing parking deficiency of 5 car parking spaces is acceptable and is considered as a parking credit.

 

Council’s DCP-Parking for multi unit dwellings requires that an additional 1.2 (or 1) spaces be provided for a 2 bedroom dwelling. This is proposed within the new garage which is accessed off Dolphin Street. Complies.

 

P1 Garages and parking structures do not dominate the street frontage.

 

The proposed garage is incorporated within the design of the building and will not dominate the frontage in relation to bulk and scale.

 

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access.

 

Not required as the development comprises of only five (5) units.

 

P3 Secure storage for bicycles is provided.

 

No bicycle spaces are currently provided on the site.  Council’s DCP-Parking for multi unit dwellings requires that 1 space per 3 units, plus 1 visitor’s space per 10 units be provided. 

No bicycle spaces are proposed. The proposal is only for one (1) additional unit and therefore, no additional bicycle spaces are required.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised

 

The areas occupied by the access driveway are considered to be satisfactory and will not result in unacceptable visual impacts.

 

P2 Vehicles enter/ leave in a forward direction.

S2 Vehicles enter with a single turn and leave in no more than 2 turns.

The proposed parking design has been assessed by Council’s Development Engineers. No objections were raised on traffic or safety grounds.

 

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

S3 Long driveways provide passing bays.

Not applicable. 

 

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4 Driveways have a minimum width of 3 metres and is at least 1 metre from any side or rear fence.

Driveway measures three (3) metres in width. Complies.

 

Driveway is setback 1.5 metres from the western boundary. Complies.

 

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The proposal does not feature any large expanses of concrete adjacent to the street frontage. Satisfactory.

 

P6 Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds.

 

Storage

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages.

There is adequate area within the unit to provide accessible storage area.  Also a walk-in-wardrobe is included within the dwelling.  Complies

 

 

 

13. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to the “Environmental Planning Instruments” section of this report for details.

 

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

Not applicable.

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

 

The proposal generally satisfies the objectives and performance requirements of the DCP – Multi-Unit Housing.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

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

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

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

 

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

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is consistent with the medium density character of the area which includes a mix of residential types including multi-unit housing.

 

Despite the constraints of the site in terms of topography and flooding issues, the proposal sits comfortably in its built form context and is consistent with similar development within the streetscape in terms of its height, bulk and scale.

 

The SEPP No. 1 Objections lodged with respect to non-compliance with the floor space ratio and maximum external wall height standards as stipulated by the RLEP 1998 (Consolidation) are considered to be well founded. The proposal will not result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The development does not comply with the existing FSR control but is compliant with the control under the Draft LEP 2012 which reflects the desired future character of the area.

 

The design carries satisfactory architectural merits and will be sympathetic to the character of the existing streetscape.

 

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

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F & 20G of Randwick Local Environmental Plan 1998, relating to Floor space ratios & Building heights respectively, on the grounds that the proposed development complies with the objectives of the above clauses, 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/181/2012 for construction of part 2/part 3 storey detached residential unit with garage to rear of existing building with access from Dolphin Street, at No. 230A Carrington Road, Randwick, 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

A-01 (Issue A)

John Spiteri - Design & Drafting

11/02/2013

12 February 2013

A-02 (Issue A)

John Spiteri - Design & Drafting

11/02/2013

12 February 2013

A-03 (Issue A)

John Spiteri - Design & Drafting

11/02/2013

12 February 2013

A-04 (Issue A)

John Spiteri - Design & Drafting

11/02/2013

12 February 2013

 

BASIX Certificate

No.

Dated

Received

 

417480S_02

20 February 2013

22 February 2013

 

Amendment of Plans & Documentation

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

 

a.     The following windows must have a minimum sill height of 1.5m above floor level or be fixed and provided with translucent, obscured, frosted or sandblasted glazing below this specified height. Alternatively, external louvers must be provided below this specified height and fixed at an angle to prevent overlooking:

 

East elevation:

The kitchen window opening on the ground floor to the far northern end of the eastern elevation.

 

West elevation:

The two bathroom window openings on the first floor level.

 

3.       The undercroft area on the lower ground floor plan shall not be used for storage below RL 19.7 AHD.

 

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.

 

External Colours, Materials & Finishes

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

 

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

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $330,000, the following applicable monetary levy must be paid to Council: $3300.

       

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

 

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

 

Long Service Levy Payments

7.       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

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

 

·           $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

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

 

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

 

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

 

10.     The above alignment levels and the site inspection by Council’s Development 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.

 

Driveway Design

11.     The gradient of the internal access driveway and carspace 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 documentation.

 

Stormwater Drainage & Flood Management

12.     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 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 Dolphin Street; or

 

ii.    Directly into Council’s underground drainage system located in Dolphin Street via a new kerb inlet pit and section of pipe

 

b)     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.

 

c)     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.

 

d)     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.

 

e)     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).

 

f)      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.

 

g)     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.

 

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.

 

h)     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).

 

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

 

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

 

k)     Any onsite detention areas shall be located in areas easily accessible.

 

14.     The proposed development shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority with the construction certificate.

 

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

 

15.     All proposed footings located adjacent to the existing drainage easement shall either be:

 

A.       Founded on rock, or;

B.       Extend below a 30 degrees line taken from the level of the pipe invert at the edge of the drainage easement (angle of repose).

Structural details demonstrating compliance with this condition shall be submitted with the construction certificate application.

 

Street Tree Removal

16.     The applicant shall submit a payment of $350.00 (including GST), being to cover:

 

a.       The cost for Council to remove the existing street tree, Lophostemon confertus (Brush Box) from the Dolphin Street verge, being the central tree in the row of three towards the western half of the site, so as to accommodate the new vehicle crossing associated with the proposed granny flat as shown;    

b.       The cost for Council to supply and install 1 x 25 litre replacement, Banksia integrifolia (Coastal Banksia), further to the east, an equal distance between the existing most eastern tree and the corner of Carrington Road 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.

 

Protection of Street Trees

17.     In order to ensure retention of the two remaining street trees on the Dolphin Street verge, being one Lophostemon confertus (Brush Box) to the west of the proposed vehicle crossing, in line with the western site boundary, and then another Brush Box to the east of the proposed vehicle crossing in good health, the following measures are to be undertaken:

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

b.       The plans must show that the western edge of the proposed vehicle crossing will be setback a minimum distance of 1.2m off the trunk of the western street tree (measured off its outside edge at ground level), with any other excavations associated with the installation of new services, pipes, stormwater systems or similar over public property to be located along the eastern edge of the crossing.

c.       Both trees are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1 metre to their east and west (measured off the outside edge of its trunks at ground level), matching up with the back of the kerb to their south, and the pedestrian footpath to their north, in order to completely enclose both trees 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 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".

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

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

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

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

18.     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

19.     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

20.     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

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

 

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

 

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

 

Home Building Act 1989

22.     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

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

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

24.     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

25.     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

26.     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

27.     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.

 

Construction Traffic Management

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

 

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

 

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

 

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

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

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

 

·        A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

Sydney Water

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

 

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

 

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

 

Public Utilities

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·    Monday to Friday - 7.00am to 5.00pm

·    Saturday - 8.00am to 5.00pm

·    Sunday & public holidays - No work permitted

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

 

·    Monday to Friday - 8.00am to 5.00pm

·    Saturday - No work permitted

·    Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

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.

 

Road/Asset Opening Permit

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

 

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

 

Site Amenities

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

 

Road/Asset Opening Permit

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

 

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

 

Tree Removals

47.     Approval is granted for removal of the stand of Erythrina x sykesii (Coral Trees) located centrally in the rear yard, due to their poor condition, being recognised as environmental weeds, as well as due to their direct conflict with the proposed granny flat as shown.

 

Tree Replacement

48.     The approval described above is subject to the planting of at least 1 x 100 litre (pot/bag size at the time of planting) native tree (not a palm) in the rear yard, which shall be located a minimum distance of 3m from any building, and must be a species which will achieve a minimum height of 6 metres at maturity.

 

Landscaping

49.     In order to maintain reasonable levels of environmental amenity at this site, the existing planter box along the southern site boundary, between the proposed granny flat and existing unit block, shall either be retained in-situ along with the existing Dypsis lutescens (Golden Cane Palms); or; shall be re-constructed, to provide a minimum soil width and depth of 1m, to which, species which will achieve a similar size and function to the existing Palms shall be planted.

 

50.     So as to maximise both the amount and usability of private open space that is available to future occupants, the steep fall of the land to the north shall be addressed through terracing to create a level area in the lower, northern half of the rear yard, with details explaining how this will be achieved to be provided to the satisfaction of the PCA.

 

Footings adjacent to easements

51.     Any footings adjacent to the drainage easement/s must be inspected by the applicant's engineer to ensure that these footings are either founded on rock or extend below the "angle of repose”. Documentary evidence of compliance with this condition is to be submitted to certifying authority, prior to proceeding to the subsequent stages of construction.

 

 

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

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

 

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

 

BASIX Requirements

53.     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

54.     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, street verge

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

 

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

 

56.     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.

 

57.     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.

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

The Section 73 Compliance Certificate must be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate or Strata certificate (whichever the sooner).

 

Stormwater Drainage

60.     Upon completion of the works and prior to the issuing of an Occupation Certificate, 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 pumping systems installed (including wet well volumes).

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’ or ‘Strata Certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

62.     A formal subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all relevant conditions of this development consent are required to be satisfied prior to the release of the strata subdivision plans.

 

63.     All floors, external walls and ceilings depicted in the proposed strata plan must be constructed prior to the issue of a strata certificate.

 

64.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in this development consent and construction certificate for the new building.

 

65.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier prior to the issuing of a Subdivision Certificate or Strata Certificate.

 

66.     Prior to the issuing of a strata certificate or occupation of the development (whichever the sooner), a "restriction on the use of land” and “positive covenant" (under section 88B or 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention 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.

 

67.     Prior to the issuing of a strata certificate or occupation of the development (whichever the sooner), a "restriction on the use of land”  (under section 88B or 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure the subfloor area below the  new dwelling must not be enclosed or used for the storage of goods. Such restriction shall not be released, varied or modified without the consent of the Council.

a)    The “restriction on the use of land” is to be to the satisfaction of Council.

 

68.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

69.     The conditions of this development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

 

OPERATIONAL CONDITIONS

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

 

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

Use of premises

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

 

External Lighting

71.     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

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

 

Waste Management

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

 

Plant & Equipment

74.     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.

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

76.     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.

 

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

ADVISORY NOTES

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

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $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     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     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

Nil


Planning Committee                                                                                              12 March 2013

 

 

Development Application Report No. D16/13

 

 

Subject:                  1420 Anzac Parade, Little Bay (DA/547/2011/B)

Folder No:                   DA/547/2011/B

Author:                   Willana Associates, Pty Ltd     

 

Proposal:     Section 96 modifications of the approved development by altering the internal layout and external envelope of the Brodie Avenue ground floor wing including reduction in the number of bedrooms from 15 to 12, deletion of the extension to the southern room and changes to the lounge and dining rooms at first floor level of Brodie Avenue Wing, conversion of the lounge room at the second floor level to a bedroom with modification to northern facade, deletion of the roof garden on Brodie Avenue Wing and extension of the existing rooftop plant area on Brodie Avenue Wing 

Ward:                      South Ward

Applicant:                T L Keeler

Owner:                         Norwent Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject development application proposes some minor alterations to the previously approved residential aged care facility to improve the functionality of the facility.

 

The proposed development is permissible with consent under Randwick Local Environmental Plan 2012.  It has been assessed as being satisfactory with respect to the relevant provisions of the Randwick Local Environmental Plan 2012, Prince Henry Development Control Plan, Prince Henry Master Plan 2003 (as amended in 2005), as well as related heritage policies. 

 

The main issues discussed in this report relate to the ongoing impacts of the existing use and the potential impacts of the expanded facility as originally approved. These issues have been addressed by the applicant in the documentation provided to Council on 25 February 2013, including the amended architectural plans.

 

The proposal constitutes ‘local integrated development’ as the subject site is located within the Prince Henry conservation area gazetted in the State Heritage Register. Accordingly, the application was referred to the Heritage Council of NSW for approval, and notified and advertised for a period of 30 days in accordance with the Environmental Planning and Assessment Act 1979 (as amended). 

 

The Heritage Council has issued General Terms of Approval which have been incorporated and raise no concern with the proposal. 

 

One submission was received in response to the advertising/notification process.  The issues raised in the submission have subsequently been addressed.

 

The application is recommended for approval, subject to conditions

 

2.      Details of current approval

 

On 12 June 2012 Council granted consent for a Section 96 modification of the approved development by the conversion of a meeting room into a bedroom and to convert a couples room into a single bedroom and office.  This application amended the original consent, granted on 8 November 2011 for alterations and additions to the existing aged care facility including construction of a new 3 storey addition to the northern side of the existing building, increase the total number of beds from 137 to 170, reconfiguration of the internal layout, new signage and associated landscape and site works (Heritage Conservation Area) (Integrated Development).

 

3.      The Subject Site and Surrounding Area

 

The proposal relates to 1420 Anzac Parade, Little Bay, also known as Lot 48 DP 1064600.  The subject site is of an irregular shape, with a curved western boundary to Anzac Parade of approximately 109m, irregular northern and southern boundaries of approximately 127m and 129m respectively and a straight eastern boundary to Brodie Avenue of 72.8m.  The site has a total area of 10 350m2.  The site currently contains a four (4) storey aged care facility.

 

 

4.      Details of Proposed Modifications

 

The subject application is for minor internal and external alterations to the existing aged facility, including the following works:

 

§  Acoustic treatment of the existing basement plant, rooftop plant and expanded rooftop air conditioning plant;

§  Kitchen to be retained in its current location and minor works including, relocating of shelving and ice maker, to the existing Kitchen to allow for new doors to the western face;

§  External pathway and associated fencing and gates to western face of the kitchen to allow access from the loading dock to kitchen and basement (via the existing lift);

§  Vegetation buffer in raise planter box to southern end of existing hardstand;

§  Waste compactor to replace current waste management system;

§  Minor footpath and kerb works to support the inclusion of the waste compactor;

§  Two new bedrooms to the southern end of the Behavioural Ward in lieu of relocating the Kitchen;

§  Weather protection along the northern face of the Behavioural Ward to provide shade and protection from the weather for residents using the Dementia Garden.

§  Conversion of the Second Floor lounge to a bedroom with ensuite.

§  A reduction in the number of bedrooms rooms in the Brodie Avenue Wing from 15 to 12.

        Deletion of the roof top garden on the Brodie Avenue Wing and the associated extension of the plant area, with appropriate screening.

        Dimmer system installed on the fire stairs.

 

5.      Application History

 

On 8 November 2011 approval was granted for alterations and additions to the existing aged care facility including construction of a new 3 storey addition to the northern side of the existing building, an increase in the total number of beds from 137 to 170, reconfiguration of the internal layout, new signage and associated landscape and site works.

 

A subsequent Section 96 application was approved on 12 June 2012 for modification of the approved development by the conversion of a meeting room into a bedroom; and to convert a couples room into a single bedroom and office. 

 

The application has been subject to the submission of two (2) separate additional information packages as the result of consultation with the applicants.  The Health and Building Section of Randwick Council have raised a number of concerns with the ongoing operations of the existing aged care facility.  The additional information package provided, received by Council on the 25 February 2013, satisfied the ongoing concerns subject to conditions. 

 

6.      Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been completed with the established test for “substantially the same” development. 

 

6.1      Substantially the Same Development:

The proposal does not involve any significant changes in terms of the original approval.  The proposed changes will be minor in terms of the overall built form, floor space and landscaping area on the site.  Therefore the modified development is substantially the same as the original consent.

 

6.2      Notification and consideration of Submissions

The owners of surrounding properties were notified of the proposed development in accordance with Development Control Plan – Public Notification of Development Proposals from 24 October 2012 to 23 November 2012.  One objection was received during the notification period, which is detailed in the section below.

 

28 Florey Street, Little Bay, 2036

 

Issue

Comment

Proposed garbage store and deletion of vegetative buffer.

 

If the external storage is approved we are also concerned about the visual appearance of the building (ideally it would be of a finish in keeping with the rest of the building. They keep the bins outside and FULL at all times.

 

It is proposed that additional vegetation is provided where there is currently a gap in the landscaping. 

 

The amended proposal now includes the deletion of the bin storage and the replacement with a mobile garbage compactor which will be located within the driveway and is completely sealed for odour control. 

The smell – we are already experiencing unpleasant odours and a fan and its exit point and noise would have negative impacts exacerbating the excessive noise from un-attentuated air-conditioning and condenser pumps already.

The proposed garbage compressor should significantly reduce any ongoing odour concerns. 

Elimination of the planting buffer.

The extension of the pavement and the bus turning bay apron should be deleted as these breach the vegetation buffer. There must be a set back maintained.

The operators of the site regularly store items and bins up against the fence which is undesirable – we are particularly concerned that a flammable liquid store of this nature should be allowed to be put on a boundary so close to residential dwellings.

This area has been removed and landscaping is proposed adjacent to the fence.

Extension of the pavement

The footpath is now proposed to be terminated away from the boundary. 

The air-conditioning plant should not be allowed to be moved any closer as the noise impact is already high and moving it closer to our boundary as well as increasing it will have a large negative impact on all of our residents

An acoustic report has been provided which assesses the impact of the air-conditioning and noise generating plant. This has been reviewed by Council’s Health and Building Officers for comment and conditions have been provided to address this matter. 

 

In addition to this additional noise mitigation measures are proposed in both the basement and roof, to address on going concerns.

The kitchen condensers and other mechanical plant are located in a plant room at the bottom of the ramp. The louvre there has no attenuation and as a result there is a constant loud noise that we can hear. This does not stop and is so loud at night that it is not possible to sleep with the windows of the rear facing bedrooms open.

 

The ramp lights and the fire stair lights do not have cut-off filters and as a result, we experience a significant level of light spill directly into our rear bedrooms.

 

A dimmer system is proposed to reduce the light spill.

Car parking does not seem to have been addressed either. Brodie avenue is largely completely filled during the day by workers cars.

The parking demands of the development were considered by Council’s Development Engineer and deemed to be satisfactory under the previous application.

 

6.3      Consultations with other Approval Bodies or Public Authorities:

The subject site is a State Heritage Item known as “Prince Henry Hospital”. Accordingly the proposal has been referred to the Heritage Office for comment.  The development application was also referred to the Prince Henry Community Association for comment.  

 

Internally, Council has referred the application to the Heritage Planner, the Development Engineer, the Environmental Health and Building Departments for Comment.  The comments of the various bodies are provided as follows.

 

6.3.1   NSW Heritage Office

The NSW Heritage Office as reviewed the application and raises no objection to the proposed modification of the consent. 

 

6.3.2   Heritage Planner Comments

It appears that the proposal will not physically impact on the sandstone outcrop, or the entrance gates to the former CEO’s residence which are part of the subject site.  In relation to Heritage, the DCP Precinct Criteria and Controls recommend that new buildings maintain an appropriate setting for the Historic Precinct and significant buildings and landscape elements in the vicinity.  The proposed external changes to the eastern (Brodie Avenue) wing (generally at ground floor level) and to the central section will not significantly alter the envelope of the building which forms part of the setting for the Historic Precinct and the Flowers Wards.  It is considered that the proposal will not impact on the setting of the heritage items in the vicinity of the site. 

 

6.3.3   Engineer Officer Comments

The Engineering Officers reviewed the updated plans provided and deemed that the proposal was acceptable in terms of traffic movements.

 

6.3.4   Environmental Health and Building Officer Comments

Comments:

Following previous memos and discussions (please refer to D01578510 and D01647589) the applicant has attended to the concerns previously raised.

 

Acoustics:

An acoustical report prepared by Marshal Day Acoustics has now been submitted with this application. This report is titled and referenced “Mark Moran at Little Bay Acoustic Report for Section 96 Application Rp 002 2012436SY” dated 23 February 2013.

 

This acoustic report states on page 3 in the executive statement:

 

“Marshall Day Acoustics has conducted an environmental noise impact assessment of the noise emissions associated with the existing and proposed expansion of the aged care facility located at 1420 Anzac Parade, Little Bay known as Mark Moran at Little Bay.

 

Background noise levels have been measured over a representative period at a location considered appropriate to determine ambient noise conditions in the absence of existing noise from the facility.

 

Operational noise levels of existing mechanical services have been established through detailed on site measurements.

 

Calculations of cumulative noise levels from future and existing plant proposals have been undertaken.

 

Where necessary, acoustic attenuation and mitigation has been recommended to bring existing and future operational noise levels to within compliant limits as established and defined in our assessment against the requirements of the NSW Industrial Noise Policy.

 

All associated operations with the exception of waste collection activities have been assessed to be compliant with the relevant noise criteria subject to incorporation of the recommendations contained in this report.

 

Exceedance of the relevant noise criteria from the waste collection operations is considered to be of marginal significance. It is noted that the number of current waste collection operations will be reduced by incorporation and use of the proposed waste compactor.”

 

With regards to the exceedances from the established noise criteria from the existing and proposed works, plant and equipment noise; the following acoustic mitigating measures have identified within the report (section 5 and 6):

 

·      Replace toilet exhaust fans on roof top of the Brodie Ave Wing

·      Outdoor VRV heat recovery units to be installed on the roof top of the Brodie Ave wing; is to be provided with a three sided acoustic screen, 500mm above the height of the nearest condenser

·      Kitchen outdoor air supply fan; the two existing fans are to be replaced with substantially quieter ones

·      New basement level outdoor air fan

·      Replacement of the kitchen exhaust fan including the exhaust being equipped with a silencer/duct attenuator

·      Replacement of an additional compressor in the basement refrigeration plant room together with full height acoustic louvers.

·      Existing A/C condenser deck on roof top of Anzac Pde Wing is to be provided with acoustic screening around the south western boundary of the condenser compound, extending 500mm above the height of the nearest condensers if necessary.

 

With regards to the loading bay activities, the acoustic consultant has concluded “it is not possible to provide any meaningful acoustic screening between the loading bay” and the neighbouring sensitive /residential receivers. The majority of the activities are determined to be compliant by the acoustic consultant with the exception of waste collection operations (as bolded above).

 

The acoustic report states on page 13-14

 

“The calculated noise emissions associated with waste collection are found to exceed the INP criteria by 6dBA at the nearest representative receiver. However, this exceedance will only occur for a short term duration during the daytime period and will be limited in accordance with the schedule provided in the document ‘Plan of Management for Waste Storage and Removal’. It is important to quantify that these exceedances will only occur for a limited number of events. The reason for the exceedance is because the INP requires assessment Rp002R01 2012436SY IW Acoustic Report for Section 96 Application Page 14 for compliance against any 15 minute duration during the daytime defined period. Essentially, these exceedances will only occur once for each event associated with cardboard collection once every two weeks, medical waste collection once every two weeks, and compactor collection and delivery once every 8 days.”

 

Should this non-compliance be deemed acceptable by the planning officer, I would suggest further restricting the loading bay use so as not to permit trucks attending the site on Sundays and Public Holidays for the collection of waste, card board, compactor collection (unless in extenuating circumstances) so as to minimise the impact on the nearby residential receivers.

 

Planners Comment:

The comments from the Health and Building Officer are noted. Given that the currently aged care facility in its approved form is resulting in ongoing impacts due to its proximity to new residential development that now adjoins the site, the proposed modification to the waste management arrangements represent a significant improvement on the current situation. The proposal will reduce the number of truck movements and will only result in non-compliant noise emissions incidents once every eight days during daytime hours compared to the noise generated by the frequent collections that currently occur.  Accordingly this outcome is considered acceptable as the proposed compactor will provide a net improvement to the amenity of the adjoining residents through reducing the number of garbage collections and resolving existing odour and visual impacts. A suitable condition is included in the recommendation prohibiting waste collection on Sundays and public holidays.

 

Distinct benefit of only having one

 

 

7.    Section 79C Assessment

 

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

 

▪       Environmental Planning and Assessment Act 1979 (As Amended)

▪       State Environmental Planning Policy (Housing for Seniors and Persons with a Disability) 2004

▪       Randwick Local Environmental Plan 2012

▪       Development Control Plan – Prince Henry Site

       Development Control Plan – Public Notification of Development Proposals

▪       City Plan

 

7.1      Environmental Planning Instruments

 

7.1.1          State Environmental Planning Policy (Housing for Seniors and Persons with a Disability) 2004

As this proposal is alterations and additions to an existing residential care facility, the provisions of this State Environmental Planning Policy (SEPP) must be taken into consideration.

 

The proposal is defined as “residential care facility” under Clauses 11 of the SEPP.  The proposal is required to comply with the controls contained within this SEPP.  The relevant controls for the proposed Section 96 Application are outlined in the table below.  The proposal is sufficiently minor for the relevant controls not to apply in this instance, as the original application was previously assessed and deemed compliant in relation to this SEPP.

 

Table 1 | State Environmental Planning Policy (Housing for Seniors and Persons with a Disability) 2004 Controls.

 

Control

Response

Chapter 3 Part 4 Division 2 Residential care facilities—standards concerning accessibility and useability Development standards concerning accessibility and useability for residential care facilities are not specified in this Policy. For relevant standards, see the Commonwealth aged care accreditation standards and the Building Code of Australia.

No change proposed

Chapter 3 Part 7 Division 2 Clause 48 Standards that cannot be used to refuse development consent for residential care facilities

 

A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a residential care facility on any of the following grounds:

 

(a) building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys), or

No change is proposed.

(b) density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,

The FSR is 0.82:1. 

(c) landscaped area: if a minimum of 25 square metres of landscaped area per residential care facility bed is provided,

No major changes to the landscaping are proposed.

(d) parking for residents and visitors: if at least the following is provided:

(i) 1 parking space for each 10 beds in the residential care facility (or 1 parking space for each 15 beds if the facility provides care only for persons with dementia), and

(ii) 1 parking space for each 2 persons to be employed in connection with the development and on duty at any one time, and

(iii) 1 parking space suitable for an ambulance.

Note. The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.

Not applicable to the current proposal. 

 

7.1.2          Randwick Local Environmental Plan 2012

The site is zoned R1 General Residential under Randwick Local Environmental Plan 2012.  The proposed development is defined as “seniors housing”, which means: 

 

(a       a residential care facility, or

(b)     a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or

(c)     a group of self-contained dwellings, or

(d)     a combination of any of the buildings or places referred to in paragraphs (a)–(c), and that is, or is intended to be, used permanently for:

(e)     seniors or people who have a disability, or

(f)      people who live in the same household with seniors or people who have a disability, or

(g)     staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place, but does not include a hospital.

 

Note.    Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

 

“Senior housing” is permissible with consent within the General Residential zone of the land.

 

Other relevant Clauses of the Randwick Local Environmental Plan 2012 are addressed below.

 

Clause 1.8A Savings provisions relating to development applications.

This clause states, “if a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced”.

 

This clause does not apply to section 96 applications; accordingly the subject application has been assessed against the Randwick Local Environmental Plan 2012 where relevant.

 

Zone R1 General Residential

The objectives of this zone are as follows:

 

§  To provide for the housing needs of the community.

§  To provide for a variety of housing types and densities.

§  To enable other land uses that provides facilities or services to meet the day to day needs of residents.

§  To allow the comprehensive redevelopment of land for primarily residential and open space purposes.

§  To protect the amenity of residents.

§  To encourage housing affordability.

§  To enable small-scale business uses in existing commercial buildings.

 

As previously stated, “seniors housing” is a permissible use with consent. The proposal is generally consistent with the objectives of the zone, the proposal will address the facilities and services demands of the existing aged care facility while maintaining the amenity of the residents through the mitigation measures proposed for the noise and visual impacts which have been an ongoing issue with the facility.

 

The section 96 application will maintain the existing residential care facility use on the subject site.  The proposal seeks approval for minor amendments to the existing operations and built form.  These amendments provide an opportunity for Council to review how effectively the existing facility addresses the objectives of the zoning currently. 

 

The application, as previously described, has been referred to the Health and Building Section of Randwick Council, who have raised issues with the ongoing operations of the building.  Currently there are a number of issues with the existing facility in terms of the impact on adjoining dwellings. 

 

In particular, there are issues related to the management of the loading and unloading facilities, the rubbish collection and the noise impacts of the existing use.  The additional information provided, now addresses the ongoing concerns and has amended the scheme to reduce the impacts.  Particularly, additional buffer landscaping is now proposed along the boundary, previous noise generating deliveries have been rescheduled to occur between 7am and 6pm and the garbage store has been replaced with a garbage compressor to reduce odour and frequency of collection associated with the expanded facility.

 

It is considered that the proposal now addresses the main issues and is consistent with the objectives of the zone.

 

Clause 4.3 Height of buildings

The prescribed maximum height of building for the subject site is 15m. The proposal does not see to alter the building height.  The proposal includes some additional screening and the removal of an approved roof top garden. These do not exceed the maximum height of the existing building.

 

Clause 4.4 Floor Space Ratio

The prescribed floor space ratio for the subject site is 0.9:1. The proposed floor space of 0.82:1 complies with the prescribed control.

Clause 5.10 Heritage conservation

The subject site is located within the Prince Henry Hospital Site – conservation area and is adjacent to a number of heritage items and archaeological sites.  The site is also listed on the State Heritage Register as an item of State Significance for its Aboriginal, natural, landscape and heritage values. 

 

The application has been reviewed by both Council’s Heritage Officer and the NSW Heritage Office, both consider the application acceptable in terms of the heritage nature of the area. 

 

7.1.3          Policy Controls

a.      Prince Henry- Development Control Plan

The Development Control Plan (DCP) provides general performance criteria and controls for the whole Prince Henry site and specific criteria / controls for separate precincts.  The subject site is located within Precinct 3.  The relevant provisions, where consistent with the controls contained within the Randwick Local Environmental Plan 2012 of the DCP are assessed in the table below.

 

Table 2 | Prince Henry Development Control Plan

 

Clause / Requirement

Proposal

Complies

Precinct Objectives and Desired Future Character

The proposal reflects the precinct objectives and will not detrimentally impact on the heritage nature or the area.

Satisfactory

4.1 Building Envelope

 

 

Comply with the Built Form Table and envelopes indicated in Precinct Controls.

 

No significant change is proposed. 

N/A

4.3 Building depth.

No change is proposed to the building depth.

N/A

4.5 Setbacks

 

 

The building setbacks must comply with the setbacks contained in the Precinct Controls.

Concern has been raised by the adjoining neighbours regarding the ongoing operations of the subject site. As a result the existing turning bay has been reconfigured.  To improve the setback interface an additional landscaped buffer is proposed. 

 

The approved bin store is also proposed to be removed and replaced by a garbage compressor located further from the boundary, within the driveway.   

Satisfactory

4.6 Building Articulation

The proposal will not result in any significant changes to the building articulations.  All amendments to the exterior of the building are considered acceptable in terms of the building footprint.

Satisfactory

4.7 Landscaped area & private open space

 

The landscaping will remain predominantly status quo, with a small area removed from the roof, and additional landscaping buffer proposed along the boundary at the service area of the building.

Satisfactory

4.8 Landscape Design and Biodiversity

An updated plan has been provided.  Given the nature of the proposal, this element is acceptable.

Satisfactory

4.11 Solar Access

 

 

The Section 96 application is for minor alterations only do not require a detailed solar access assessment given that the major works have been previously approved.

Satisfactory

4.12 Acoustic privacy

 

 

Developments are to be designed to minimise noise transition between apartments. Various internal noise levels for naturally ventilated and mechanically ventilated units are required.

The updated information provided has addressed the acoustic privacy through changes to the delivery process and the operational management of the facility.  An Acoustic Report has been provided and reviewed by Council’s Health and Building section and deemed to be acceptable.

Satisfactory

4.13 Visual Privacy

 

 

Various requirements.

Additional landscaping is now proposed to ensure that visual privacy for adjoining residents is improved. 

Satisfactory

4.18 Materials and Finishes

 

 

A sample board, showing colours and finishes is to be submitted with the development application.

The finishes are consistent with what is currently on the site.

Satisfactory

5.4 Waste Management and Minimisation

 

 

A Waste Management Plan (WMP) must be submitted with each DA

A Plan of Management for onsite Waste Storage and Handling will be conditioned to address the changes proposed. 

Subject to Condition

 

6.3 Vehicle Access and parking

 

 

Parking provision is to be in accordance with Parking DCP

No changes to the parking or access are required.  Minor changes are proposed to the loading dock; these have been reviewed by the Council’s Development Engineer at council and deemed to be acceptable.

Subject to condition

6.4 Driveway Design

 

No changes to the driveway design are required.

N/A.

6.5 Utilities & Site Facilities

Additional information has been provided to demonstrate that the amended proposal will not result in adverse impacts and addresses the ongoing concerns.

 

Satisfactory

7.3 Precinct P3

Building form

 

 

i. Building height, FSR, setback and landscaped area for all lots in Precinct P3 are to comply with the controls set out in the Built Form Control Table.

Note:

 

1. Maximum height and FSR may not be able to be achieved in all instances; however the requirements for minimum landscaped areas must be achieved in all instances.

2. Lofts are permitted in identified locations. These locations have been identified to minimise the impact of development on the existing heritage buildings in the adjacent Historic Precinct.

 

The building form will remain consistent with what currently exists on the site. The section 96 proposal will not significantly affect the design or footprint of the building.

Satisfactory

 

ii. The following minimum building setbacks apply, unless otherwise specified in Figure 12 Precinct P3:

Anzac Parade property boundary 7m

Brodie Avenue property boundary 7m

 

Note: a large setback to Brodie Avenue is required to accommodate a change in

ground level and to ensure landscape elements (rock cuttings and outcrops) are

adequately protected.

 

No amendments to the setbacks are proposed other than additional landscaping adjoining the loading dock, which will provide additional acoustic and privacy attenuation. 

Satisfactory

Landscaping

 

 

vi. Landscaping plans for lots adjacent to remnant bushland must demonstrate that species planted will not result in any weed invasion or overshadowing of this bushland

 

No significant changes are proposed.

Satisfactory

x. Development must demonstrate consideration of the Bushland Plan of Management (POM). In particular, development must meet the objectives of this POM.

No significant changes are proposed. 

Satisfactory

Heritage

 

 

xi. All development must be accordance with the Conservation Management Plan, the Archaeological Management Plan and any relevant Specific Elements Conservation Policy and must demonstrate that:

• New buildings maintain an appropriate setting for the Historic Precinct including significant buildings and landscape features in the vicinity such as the Flowers Wards, Henry’s Trading Post, Heffron House and the Delaney building (see Figures 18-19);

• The entrance gates to the former CEO’s Residence are to be incorporated into the landscaping for the Aged Care facility.

• significant landscape heritage elements such as outcropping sandstone adjoining the Historic Precinct are conserved and incorporated into the landscape design for new development; and

• landscaping in this precinct complements that in the adjoining Historic Precinct.

The application has been referred to the Heritage Officer at council, who has reviewed the application and has deemed it acceptable.

Yes

 

c.    Development Control Plan – Public Notification of Development Proposals

As previously stated the application has been notified accordingly and the objection received has been considered in detail.

 

8.    Environmental Assessment

 

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

 

Table 3 | Section 79C of the Environmental Planning and Assessment Act, assessment.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012

The site is zoned R1 General Residential under Randwick Local Environmental 2012 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of the Randwick Local Environmental Plan 2012 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

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

None applicable.

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

The proposal generally satisfies the requirements in the Prince Henry DCP.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

The proposed development represents minor changes to the approved development which are not likely to generate significant additional impacts.  As a result of a number of complaints relating to the existing operations of the site amendments have been made to the application to address concerns related to acoustic, privacy and odour impacts.  These measures have been discussed and are now considered to address the objections raised.

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

The site currently operates as an “aged care facility”.

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

 

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

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

The proposal promotes the objectives of the zone and the potential for any significant adverse environmental, social or economic impacts have been addressed.  Accordingly, the proposal is considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2d:      The provision of a greater number of aged care beds within the community.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This is a proposal for alterations and additions to an existing aged care facility at 142 Anzac Parade, Little Bay.  The application has been reviewed in detail against the relevant controls and referred to the relevant sections of Council. 

 

An objection was received against the application, which has been considered and additional information was provided to address the concerns raised.  Accordingly the application is recommended for approval subject to conditions.

 

 

Recommendation

 

That Council's Coordinator/Manager Development Assessment under delegated authority from the General Manager, 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/547/2011/B for altering the internal layout and external envelope of the Brodie Avenue ground floor wing including reduction in the number of bedrooms from 15 to 12, new external access pathway with associated fence and gates on the western side of Brodie Avenue Wing, deletion of the extension to the southern room and changes to the lounge and dining rooms at first floor level of Brodie Avenue Wing, conversion of the lounge room at the second floor level to a bedroom with modification to northern facade, deletion of the roof garden on Brodie Avenue Wing and extension of the existing rooftop plant area on Brodie Avenue Wing at 1420 Anzac Parade, Little Bay in the following manner:

 

Amend Condition No. 1 to read:

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

DA.01 Issue B,  DA.02 Issue B, DA.03 Issue B, DA.04 Issue B dated 11/7/11, DA.05 Issue C dated 18/7/11, DA.06 Issue B, DA.07 Issue B, DA.08 Issue B dated 18/7/11, DA.09 Issue A, DA.10 Issue A dated 15/7/11, DA.19 Issue B, DA.20 Issue B, DA.21 Issue B, DA.22 Issue B dated 15/7/11 dated 18/7/11, DA.25 Issue A dated 18/7/11 as amended by detail plan DA.23 Issue A dated 13/10/11.

Eeles Trelease Pty Ltd Architects

Various.

Refer to plan nos.

Landscape Drawing Nos. 11016-DA01 Rev A, 110016-DA02 Rev A, 11016-DA03 Rev A, 11016-DA07 Rev A, 11016-DA08 Rev A

Aspect Studios

All dated 15 July 2011

Equinox: Shadow study isometric, Shadow study in Plan; Winter Solstice; Shadow Study in Isometric; Winter solstice Shadow Study

in Plan; Summer Solstice Shadow Study in Isometric; Summer solstice shadow Study in Plan.

 

 

Statement of Heritage Impact (SHI)

prepared by Graham Brooks and Associates Pty Ltd

dated July 2011.

Statement of Environmental Effect (SEE) Planning

prepared by HMUP Urban

 

dated 18 July 2011.

Visual Impact Study: Setting of Henry’s Trading Post

 Eeles Trelease Pty Ltd.

 

Traffic and Parking Report

Halcrow.

dated 15/07/2011

Storm Water Concept Plan No. 16740 Issue 1 by

Wallis & Spratt.

 

BCA Compliance Report

Blackett Maguire +

Goldsmith.

dated 14/07/2011

 

 

As amended by the Section 96’A’ plan numbered DA.03 Issue C, dated 1 June 2012 and received by Council on 4 June 2012, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application. 

 

As amended by the Section 96 ‘B’ plans numbered DA 00, DA01, DA02, DA03, DA04, DA05, DA19, DA20, DA22, issue E, dated 22 February 2013 and received by Council on 25 February 2013, including all accompanying documentation which forms part of this consent, in particular the letter and attachments dated 23 February 2013 from Thinc Projects, the Acoustic Report by Marshall Day Acoustics, dated 23 February 2013 and the Plan of Management for Onsite Waste Storage and Handling by Thinc Projects, endorsed by Council’s approval stamp.  The plans associated with the S96B application shall prevail over the plans for the previous Section 96 A application and the original development application in the case of any inconsistency.

 

Except as may be amended by the following conditions:

 

B.      Add the new Conditions:

25A     The location and height of the discharge of mechanical ventilation and exhaust systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

 

25B    Emission control equipment shall be provided in the mechanical exhaust system serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils.

 

Details of the proposed emission control equipment must be provided in the relevant plans and specifications for the construction certificate for the development, to the satisfaction of the certifying authority.

 

40A    Any new information which comes to light during demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council immediately. The written concurrence of Council must be obtained prior to implementing any changes to managing and dealing with land contamination.

 

62A     An Operating Procedures Plan of Management that addresses the matters outlined in the email to Council dated 25 February 2013 must be submitted to Council for approval prior to the issuing of an occupation certificate.

 

62B    Upon completion of the work, the commercial kitchen must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained, prior to the issuing of an occupation certificate.

 

62C    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.

 

83A.    The premises is to be designed, constructed and operated 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.

 

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

 

The project specific criteria for noise emissions shall be in accordance with the acoustical report titled ‘Mark Moran at Little Bay - Acoustic Report for Section 96 Application Rp 002 2012436SY” dated 23 February 2013, prepared by Marshall Day Acoustics, when measured at the nearest affected boundary:

 

 

Day

(7am – 6pm)

Evening

(6pm – 10pm)

Night

(10pm – 7am)

 

28 Florey St

Little Bay

 

43 LAeq (15mins)

 

36 LAeq (15mins)

 

36 LAeq (15mins)

 

87.      The proprietor shall establish and maintain a formal and documented system for the recording and resolution of complaints made to the premises by nearby residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the operations manager. The appropriate remedial action, where possible, is to be implemented as soon as possible and the Operations Manager is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon reasonable prior notice, the operations manager must make available the incident book to authorised Council officers.

 

88.      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.

 

89.      Recommendations contained within the Acoustic Report by Marshal Day Acoustics dated 23 February 2013, form part of this consent, namely (but not limited to):

 

•      Replace toilet exhaust fans on roof top of the Brodie Ave Wing

•      Outdoor VRV heat recovery units are to be installed on the roof top of the Brodie Ave Wing; these are to be provided with a three sided acoustic screen, 500mm above the height of the nearest condenser

•      Kitchen outdoor air supply fan; the two existing fans are to be replaced with substantially quieter ones

•      Provide a new basement level outdoor air fan

•      Replacement of the kitchen exhaust fan including the exhaust being equipped with a silencer/duct attenuator

•      Replacement of an additional compressor in the basement refrigeration plant room together with full height acoustic louvers.

•      Existing A/C condenser deck on roof top of Anzac Pde Wing is to be provided with acoustic screening around the south western boundary of the condenser compound, extending 500mm above the height of the nearest condensers if necessary.

 

90.      The hours of Aged Care facility operation for the loading bay are restricted to:

 

(a)       7:00am to 6:00pm daily.

 

91.      Waste collection and compactor bin deliveries are restricted to occur between:

 

(a)       Monday to Saturday:            7:00am – 6:00pm

 

(b)       Sundays and Public Holidays           Not Permitted (unless in the case of an emergency or the prior written approval from the Council is received).

 

92.      The loading bay area is to be adequately fenced and secured so as to restrict unauthorised access to the area/compactor from the public and residents of the facility. The access gate is to remain closed at all times unless a servicing vehicle requires access.

 

93.      The wash bay is to be used solely for the purposes of washing bins and washing ancillary objects.

 

94.      An additional acoustic report/ acoustic statement, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council within 6 months of issuing an occupation certificate, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997 and the noise criteria and requirements contained in this consent has been satisfied (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

95.      The “Plan of Management for onsite Waste Storage and Handling” for the site as prepared by Thinc Projects dated 23 February 2013 forms part of this consent. Operational management and staff responsible for handling waste must be made aware of the requirements and procedures outlined in this Plan of Management.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                              12 March 2013

 

 

Development Application Report No. D17/13

 

 

Subject:                  7 Winchester Road, Clovelly (DA/778/2012)

Folder No:                   DA/778/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing semi detached dwelling to provide for a new upper level and hard stand car space to the front of the dwelling

Ward:                      North Ward

Applicant:                M Evans

Owner:                         M Evans & L Cramp

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council at the request of Councillors Neilson, Shurey and Stavrinos.

 

The application details alterations and additions to the existing semi detached dwelling to provide for an upper level addition and a new car space to the front of the property.

 

The main issue is the impact that the proposed development will have upon the amenity of the adjoining properties in terms of visual bulk, privacy and solar access.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the erection of a new upper level to the dwelling comprising two bedrooms, bathroom and terraces to the front and rear of the dwelling off each bedroom. The proposal will provide for 65m² of additional floor area to the dwelling. Within the front of the property a hard stand car space with open pergola above is to be installed with direct access off Winchester Road.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Winchester Road and has a street frontage of 7.01m, a depth of 40.615m and a site area of 281m². At present there is an existing single storey semi detached dwelling on site.

 

The immediate locality is residential in nature and contains a mixture of semi detached and free standing dwellings.

 

4.    Site History

 

DA/292/2006 – Alterations and additions to the existing dwelling including a new rear addition and deck.

 

5.    Community Consultation

 

5.1 Objections

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

 

Issue

Comment

4 Clifton Road Clovelly

-      The height, bulk and mass of the upper level addition are inappropriate to the established built form in the locality.

 

 

 

 

 

 

 

-      The building is sited much closer to the rear boundary which will make the development stand out and impact the surrounding properties.

 

 

-      There are concerns in relation to privacy and overlooking into their living area.

 

 

 

-      There will be an unacceptable impact on the adjoining and surrounding properties because of the proposed setbacks and wall height.

 

 

 

 

 

 

 

 

 

 

 

 

 

-      Requests more detailed shadow diagrams to ensure that their outdoor landscaped areas will still receive an acceptable amount of natural light and solar radiation.

 

 

 

 

 

 

 

-      The floor space ratio of the dwelling is breached by the proposed development and should adhere to the preferred solution of the DCP for Dwelling Houses.

 

 

 

 

 

 

 

-      The windows and decking arrangement breach the DCP in relation to privacy and overlooking and do not incorporate reasonable measures to diminish the impact on their property.

 

-      The proposal will not comply with the objectives of the DCP with respect to landscaping.

 

 

 

 

 

 

 

 

11 Winchester Road Clovelly

-      The height of the proposed wall will have a significant adverse overshadowing impact over their 28 north facing solar panels.

 

 

 

 

-      The proposed height of the building is influenced by the already elevated ground level of No.7 Winchester Road and that building is already higher than the other buildings.

 

 

 

 

 

 

 

 

-      The proposal includes high ceilings of 3m versus the ‘standard’ 2.4m which increases the height of the proposed dwelling well above the existing pitched roof. The height of the building should be restricted to the same as theirs along it’s entire length, which may include stepping down, to prevent overshadowing.

 

-      The proposal includes a ‘pop up’ roof on the common party wall which adds to the height of the building, flat sky lights could achieve the same purpose.

 

 

 

 

 

 

-      The proposed floor space ratio is significantly in excess of the maximum allowable FSR and the statements in the application to support the FSR do not reflect the facts of the situation.

 

 

 

 

 

-      There is no consideration or recognition of the significant adverse impact on the privacy of adjacent properties all of who have private living spaces at the rear of their dwellings.

 

 

 

 

 

 

 

-      The physical and visual bulk of the building in close proximity to adjoining buildings does not minimise adverse effects of bulk on neighbours as per the DCP and will result in overshadowing and visual and acoustic privacy issues.

 

 

 

-      The already elevated rear first floor level of the property protrudes about 4m from the original building which is significantly further out from the building line of the other buildings either side of No.7.

 

-      The very large terrace will be quite intrusive and whose angle of vision including with a privacy screen will look directly into all the internal and external living areas of all surrounding properties which does not comply with the DCP.

 

-      The large area of the proposed terrace indicates it’s intended use as an entertaining and outdoor living terrace, the terrace should be limited to the rear second level building line of the other second levels either side, which will also reduce the FSR.

 

-      The proposed upper level which significantly protrudes beyond the rear building line will block out daylight and sunlight from the windows and internal living areas of No.s 9 & 11 Winchester Road.

 

 

 

 

 

 

 

 

 

 

 

-      The proposed second level addition is bulky and destroys the character and symmetry of the existing building form and does not integrate with the streetscape which does not comply with the DCP.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-      An upper level similar to other attic style conversions which have no change to the external building should be considered by the owners.

 

 

-      A report should be provided in relation to the possible existence of asbestos that may be present and disturbed and what measures will be taken and overseen by Council for its safe removal.

 

 

 

-      There are already issues with parking in the street which may be exacerbated by parking of contractors working on the development who may use their driveway as a convenient loading, delivery bay or parking spot. Any consent must explicitly state that their driveway is not to be used and that the NSW Road rules are abided by, and that penalties are applied by Randwick Council to the owner if those conditions are breached.

 

The proposed upper level to the dwelling is not out of keeping with the established character of the existing locality which includes numerous examples of two storey dwellings of similar bulk and scale and some residential flat buildings. The dwellings which are similar in this street are No.s  3, 11, 15, 10, 12, 16, 18, 22, 24, 25, 26, 28 & 30 Winchester Road. These dwellings include a mixture of new dwellings and existing dwellings which have had similar upper level additions provided and which approved under the controls of the current DCP – Dwelling Houses and Attached Dual Occupancies.

 

The building footprint remains the same with the new upper level being wholly above the existing building and not encroaching beyond the existing ground level.  It is noted that the existing building satisfies the preferred solution rear boundary setback of 4.5m.

 

The proposal satisfies the preferred solution of the DCP with respect to privacy and has a 9m setback from the rear boundary of the objector’s property.

 

With respect to the boundary setbacks from the proposed new upper level these comply with the preferred solution for rear and southern side boundary setbacks. The northern side boundary setback to the party wall of the adjoining semi detached dwelling does not adopt the preferred solution and is discussed in the DCP section below.

 

The wall height of the dwelling, including the new upper level exceeds the preferred solution, being up to 7.5m. The wall height arises primarily because of the fall of the site towards the rear and the existing floor level of the dwelling, See further discussion in the DCP section below. It is noted that there will not be any significant impact to the amenity of this objector’s property in relation to the height of the building given the considerable distance from their rear boundary and is not orientated so it that would significantly impact on the outlook or sunlight into their property.

 

The shadow diagrams submitted detail the extent of additional overshadowing upon the adjoining properties as a result of the new upper level. The shadow diagram is provided for the winter solstice, the 21st June, which provides for an illustration of the extent of the longest shadows cast. The shadows have been checked by Council’s Officer and reviewed by Council’s solar access consultant. Whilst the diagrams are generally accurate, there is some additional overshadowing to No. 4 Clifton in the afternoon but this overshadowing is consistent with Council requirements in terms of solar access.

 

As noted above the overall bulk and scale of the development is not inconsistent with the established character of the locality which already includes a number of dwellings in this street and the immediate locality of similar bulk and scale. It is noted that other recently approved development to dwellings include numerical floor space ratios of similar and larger area. See further discussion in the DCP section where an assessment of the proposal in relation to the objectives and performance requirements of the DCP is discussed.

 

 

The windows and deck to the upper level satisfy the preferred solution distance of 9m from the objector’s premises. See additional comments in relation to privacy to the other properties in the DCP Assessment Section.

 

The existing levels of landscaping to the site comply with the preferred solution.  The degree of variation with this development arises because of the conversion of part of the front yard to accommodate the car space. The primary outdoor space to accommodate the needs of the occupants of the building for outdoor space and recreation which is within the private rear yard is not reduced by this proposed development. See further discussion with regards to the car space in the DCP section of the report.

 

 

The elevational shadow diagrams provided have been reviewed by Council solar access expert. The upper level to the dwelling will result in overshadowing upon the adjoining properties which are directly to the south. However, the shadow cast in elevation will be upon the roof of the adjoining dwelling at No.9 and not on the solar collectors to the roof of No. 11 Winchester Road. (See Section 8)

 

The existing site at 7 Winchester Road falls from the street towards the rear with a difference in levels of between 600mm and 700mm. The existing ground level of the dwelling is consistent from the front to rear of the dwelling and the resultant height of the rear floor level of the dwelling as a consequence is elevated above the rear ground level by 1m. Therefore, the existing floor level of the building is determined by the existing ground levels and that height of the building arises from those adjoining ground levels and not from a building that is higher than is necessary. In this case the floor level and resultant wall height of the building is not regarded as being excessive because of the existing site conditions. 

 

The existing 3m ceiling height of the front portion of the dwelling is not altered or increased by this proposal and the new upper level has a floor to ceiling height of 2.7m, except at the pop up roof element on the central northern side of the roof. The ceiling height of 2.7m is considered to be a minimum to achieve good internal amenity in constrained and smaller floor plates

 

The pop up roof element is to the central northern side of the roof and provides for direct sunlight and ventilation into the upper and lower levels of the building. The pop up roof is not to the whole roof and being to the northern boundary is not directly adjoining the objector’s property and will not contribute to any impacts to that dwelling with regards to overshadowing. In the context of the appearance of the dwelling within the streetscape the pop up roof form will provide a point of interest to the roof of the building.  

 

The proposed upper level to the dwelling is not out of keeping with the established character of the existing locality which includes numerous examples of two storey dwellings of similar bulk and scale and some residential flat buildings. The dwellings which are similar in this street are No.s 1, 3, 10, 11, 12, 15, 16, 18, 22, 24, 25, 26, 28 & 30 Winchester Road. These examples include a mixture of new dwellings and existing dwellings which have had similar upper level additions provided.

 

The new terrace to the rear includes a planter box 800mm in width to the rear and southern side perimeter which restricts the extent of overlooking from the edge of the terrace. The terrace also includes a 1500mm high privacy screen to the southern side. A condition of consent is recommended to require that a similar screen also be installed to the northern side of the terrace. This condition will ensure that the expected levels of privacy to the adjoining properties are maintained. In relation to the properties to the rear it is noted that the 9m distance nominated in the DCP to maintain privacy is satisfied.

 

The visual bulk and scale of the building and proximity of the upper level in comparison with the adjoining buildings is not out of keeping with the locality which is characterised by semi detached dwellings on small allotments which in many instances have upper levels that are similarly sited. It is noted that the side boundary setback of the dwelling at 1500mm from the southern boundary complies with the preferred solution of the DCP.

 

A condition of consent is recommended to require that the proposed rear upper level terrace be reduced in depth and include a privacy screen to both side boundaries.

 

 

There is no stipulated rear building line contained in Council’s DCP. Notwithstanding, the rear setback is considered to be generally consistent with other buildings in the street. The proposal also adopts a stepped form at rear reducing the impacts from the upper level.

 

The building footprint remains the same with the new upper level being wholly above the existing building and not encroaching beyond the existing ground level.  It is noted that the existing building satisfies the preferred solution rear boundary setback of 4.5m.

 

As noted above, the new roof terrace includes a planter box 800mm in width to the rear and southern side perimeter which restricts the extent of overlooking from the edge of the terrace. The terrace also includes a 1500mm high privacy screen to the southern side. A condition of consent is recommended to require that this screen be raised in height to 1800mm and a similar screen also be installed to the northern side of the terrace. A condition is also recommended that the depth of the terrace be reduced to a maximum of 2m, excluding the planter box which is consistent with the depth of other rear upper level balconies to nearby buildings. These conditions will ensure that the expected levels of privacy to the adjoining properties are maintained. In relation to the properties to the rear it is noted that the 9m distance nominated in the DCP to maintain privacy is satisfied.

 

See discussion in Section 8 with regards to overshadowing and solar impacts to the adjoining development. 

 

 

The existing streetscape contains a variety of buildings of various styles and forms with a mixture of older style dwellings that are in original condition, new dwellings and existing dwellings which have had alterations and additions which primarily have resulted in two storey development. This development which provides for a two storey dwelling amongst of group of similar two storey dwellings is in keeping with the established character of the street.

In relation to the symmetry of the pair of semi detached dwellings, the existing buildings are not symmetrical with the dwelling at No.5 having a gable roof form to the front of the dwelling which incorporates a hipped form that extends across the whole roof of No.7. The new upper level is sited behind a substantial portion of that existing roof form which satisfies the preferred solution of the DCP.

 

It is noted that other dwellings have included attic style additions, however that form of upper level addition is not necessarily a preferred form and can only provide for a limited amount of floor area that may not suit all residents requirements.

 

A condition of consent is included which requires that the removal of any asbestos be undertaken in accordance with Workcover requirements and Councils asbestos removal policy. Council has no authority to supervise the removal and disposal of any identified asbestos which is undertaken by specialised contractors licenced by Workcover.

 

A contractors associated with the building work are required to observe the road rules.

 

5.2      The applicant  - Justin Long Design has provided the following response in relation to the objections

·        The proposal retains the existing ground floor ceiling height of 3m as this is a desirable height and retains the internal period features. A 2.4m ceiling is the minimum required for a habitable room and is not suitable for a home of this size.

·        The proposal complies with the maximum allowable building height and although the wall height exceeds Council control by 100mm to 300mm, this is due to the fall of the land and the elevated rear ground floor level being approximately 1.2m above natural ground level.

·        The pop up proposal will provide cross ventilation and filter northern light into the centre of the ground floor without the undesirable heat gain associated with a skylight. The pop up roof implements essential passive solar design principles and does not cause any additional overshadowing. The pop up roof is not able to the seen from the street.

·        The floor space ratio of the building is 0.72:1 presents a departure from the control of 0.65:1 by approximately 7%, which does not generate any loss of amenity to neighbouring properties and does not present an unreasonable bulk or scale.

·        The proposed FSR is prevalent in the area and does not set any new precedent that may affect the area. The adjoining property at No.9 is not adversely impacted as outlined on the elevational shadow diagrams included with the application.

·        The owners of the adjoining property at No.9 Winchester Road were made aware of the proposal and have not objected.

·        The second level addition is a well considered addition to a late Federation/Californian bungalow that retains the front portion of the roof whilst integrating a contemporary housing solution to meet the requirements of it’s occupants. The style and scale of the proposed upper level is prevalent in the immediate locality and does not set any new precedence that may affect the area.

·        The proposal will not have any impact on the solar panels of No.11 Winchester Road as they sit well above the line of overshadowing from the proposed development as shown on the elevational shadow diagrams.

·        The proposal will have little impact on No.11 Winchester Road with regard to overshadowing as outlined in the shadow diagrams, especially the elevational shadow diagrams.

·        The proposed second storey is well considered and seeks to reinstate the ground floor period features, it is proposed to replace the existing aluminium windows with new timber framed windows to match the neighbouring property.

·        In relation to privacy, the proposed upper level has a setback from the rear boundary of 12m to the outer edge of the planter box, which is generally considered acceptable.

·        The proposal has an elevated built in planter to the rear terrace which is approximately 900mm in width that is designed to keep the occupants of the terrace in from the edges and lessen the impact of overlooking into the neighbouring properties. The proposal also includes screening to the sides of the terrace.

·        The proposed upper level addition is sited entirely within the ground floor envelope and does not reduce the landscaping of the site. The car port will reduce the landscaping area but will comply with the soft landscaping.

·        This proposal has been designed to make the best use of the existing site while enhancing the character of the property and the streetscape, with positive improvements to the property and streetscape and minimal environmental impact.

 

6.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineers for comment and conditions have been provided for inclusion with any consent granted with respect to the installation of the new car space, removal of the existing street tree and landscaping to the site.

 

7.    Relevant Environmental Planning Instruments

 

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

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.    Policy Controls

 

8.1      Development Control Plan Dwellings and Attached Dual Occupancies

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

 

Preferred Solution

Proposal

Compliance with Objectives and Performance Requirements of DCP for Dwellings

Floor Space ratio

0.65:1

 

0.72:1

 

The proposal does not adopt the preferred solution of the DCP and therefore an assessment is necessary to determine if the proposal will satisfy the objectives and performance requirements of the DCP.

 

The existing locality contains a mixture of semi detached and free standing dwellings with many having being modified in some form, including upper level additions. The proposal is commensurate with the size and scale of these recent developments and will maintain the pattern of development in the locality in terms of the relationship between setbacks, landscaping and built form.

 

Therefore, whilst the preferred solution of the DCP is not met, the proposal is consistent with the bulk and scale of the other dwellings in the immediate locality and there will not be any resultant significant adverse impact upon the amenity of the adjoining properties.

Height Form, Materials

The external wall height does not exceed 7m. The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

 

The proposal has an external wall height of up to 7.5m. The length of the second storey portion is not sited less than 1.5m from the southern side boundary.

 

The wall height of the dwelling, including the new upper level exceeds the preferred solution, being up to 7.5m. This wall height arises primarily because of the fall of the site towards the rear and the existing floor level of the dwelling. The degree of non compliance is not significant and arises because of the existing site conditions and not because of a design that incorporates an excessively high building with regards to either internal floor to ceiling heights or roof pitch.

Landscaping

A minimum of 40% of the total site area provided as landscaping area, each dwelling provided with 25m² of usable private open space with 20% of the site area provided as soft landscaping

 

The resultant landscaping to the site represents 38% of the site area and the area of soft landscaping is 26.5% of the site area.

 

The proposal includes the provision of a car space within the front yard of the property which necessitates the removal of 14m² of the existing front garden to accommodate the car space which as a consequence reduces the total area of landscaping to the site. The degree of non compliance is not significant and will not impact upon the amenity of the occupiers as the primary open space within the rear yard of the property which is all soft landscaping is not reduced by the development.

Side Setbacks

Ground – 0.9m

1st floor – 1.5m

Front set back

6m on dominant setback

 

Rear set back

4.5m

 

No change to the existing ground level setback. The first floor level of the building is sited 1500mm from the southern side boundary and up to the northern side boundary.

The existing front setback of the dwelling is maintained.

The existing rear setback of 10.8m is maintained.

 

The are no major objections to the northern side boundary setback not complying with the preferred solution as this setback is to the party wall between the two semi detached dwellings which is necessary to maintain fire separation between the two dwellings and will not result in any adverse impact to that adjoining dwelling.

 

Privacy

Where a direct view is available into the private open space of an existing dwelling, outlook from windows is obscured or screened within 9m and beyond a 45 degree angle from the plane of the wall containing the opening. Windows have sill heights of 1.5m above floor level or fixed glazing to any part of the window less than 1.5m above floor level.

 

The upper level contains three windows in the southern side elevation which serve the two bedrooms/living area and the bathroom.

 

To the front of the upper level there is a double door from bedroom 3 which leads to a terrace to the front with return to part of the southern side of the dwelling.

 

 

 

To the rear of the upper level there is a terrace which leads off bedroom 4, which is also nominated as being a living room.

 

 

 

 

 

 

 

The three windows in the southern elevation of the building all have sill heights of 1.5m.

 

 

 

 

The southern side of the terrace includes a 1.5m high privacy screen to prevent direct overlooking into the private living areas of the adjoining property. The front portion of the terrace will not look into any private living areas and only upon the front of the subject and adjoining properties and roadway.

 

The terrace to the rear of the site includes a planter of 800mm in width which extends across the rear and southern side of the terrace which restricts viewing from the edge of the terrace. The terrace also includes a 1.5m high privacy screen to the southern side of the terrace. A condition is recommended to require that a privacy screen also be provided to the northern side of the terrace as well. A condition of consent is also recommended to reduce the depth of the terrace to a maximum of 2m, excluding the planter box. That will further restrict potential overlooking and also be more in keeping with similar rear upper level balconies to nearby balconies. The terrace also exceeds 9m from the rear boundary.

Garages

Car parking spaces have a minimum dimensions of 5.5m x 2.5m. Driveways have a minimum width of 3m and are setback at least 1m from the side boundary. Driveways have a minimum width of 3m at the property boundary. Driveway gradients do not exceed a maximum of 1 in 6. The gradient for the first five metres from the street alignment does not exceed 1 in 8.

 

The proposal includes the installation of a hard stand car space having dimensions of 2.99m x 6m. The existing verandah to the front of the dwelling will be modified to accommodate the car space. An open timber frame pergola structure is proposed to be erected over the car space.

The proposed driveway is 2.9m in width, is sited more than 1m from the side boundary and is at grade.

 

Within this street there are a number of other properties that have provided car spaces and carports with the front yard to provide for off street parking which have also removed the existing front garden and modified the dwelling façade to accommodate the parking area.

Given that the existing street contains examples of similar car spaces and structures it cannot be argued that the provision of this car space and pergola structure above will be visually obtrusive and detract from the appearance of the dwelling and the overall streetscape.

 

Solar access

Private open space and north facing windows receive at least 3 hours of sunlight over at least part of it’s area between 9.00am and 3.00pm on 21 June.

The principal outdoor recreation space to neighbouring dwellings receive at least 3 hours of sunlight over at least part of its area between 9.00am and 3.00pm on 21 June, if less than 3 hours is available currently access to sunlight is not reduced.

 

 

Due to the orientation of the site the proposed new addition to the rear of the dwelling will result in some unavoidable additional overshadowing to the adjoining properties to the south.

 

 

Solar access to the rear outdoor living areas of the adjoining properties will maintain a minimum of 3 hours of sunlight between 9.00am and 3.00pm on the 21st, June. (see “view from the sun” analysis diagrams below).

 

Council’s solar access expert has advised that “this technique is widely considered the industry standard to test and illustrate the impact of development on the access to sunlight.”

 

The images show the existing building line of No. 7 Winchester Road in a dashed line as a means of depicting the differences or similarities in the alignment of frontages and massing. For example, the 9am image shows the rear elevation of No. 7 and the alignment of the existing with the proposed building line. In this instance the existing building line of No. 7 over-shadows the rear elevation of No.’s 9 and 11, so in this instance there is no further impact arising from the application.

 

The dashed line in these drawings also refer to the building line and property boundaries which are obscured by the proposal, and therefore overshadowed. At 9am these areas include the roof of No. 9. At 12pm the roof of No. 9 and part of its, No. 11’s rear garden are overshadowed. At 3pm, the entire rear garden of No’s 9 and 11 are overshadowed, and part of No’s 4 and 6 Clifton Road. These identified areas match the conclusions drawn from the analysis in 3.1 and 3.2.

 

The north facing windows to the adjoining dwelling at No. 9 Winchester are already overshadowed to some extent throughout most of the day during the winter solstice and whilst the proposal will result in additional overshadowing during that period the amount of overshadowing is not to a degree that would be unexpected in the context of the site orientation and the nature of the development.

In relation to the impact upon the existing solar collectors to the nearby property at 11 Winchester Road the DCP preferred solution states that ‘solar access to existing or future solar collectors on adjacent buildings is maintained between 9.00am and 3.00pm each day throughout the year’.

The analysis conducted by Council solar access expert indicated that the proposal will not overshadow the roof and solar collectors of No. 11 Winchester Road.

 


 

8.2      “View from Sun” Analysis Diagrams – Prepared by SJB Urban

 

 

9.      Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

Not applicable

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

 

Zoning: R2 Low residential.

Is development permitted under zoning?

Development for the purpose of dwellings is permitted with consent.

The application details alterations and additions to the existing dwelling

Yes

Floor Space Ratio (Maximum)

On merit

The proposed floor space ratio is 0.72:1.

Yes, The existing locality contains a mixture of semi detached and free standing dwellings with many having being modified in some form, including upper level additions. The proposal is commensurate with the size and scale of these recent developments and will maintain the pattern of development in the locality in terms of the relationship between setbacks, landscaping and built form.

 

Height of Buildings

9.5m

8m.

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

It is recommended that the application to carryout alterations and additions to the existing dwelling be approved.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 778/2012 for alterations and additions to the existing dwelling at 7 Winchester Road Clovelly subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

A01

MZ

22.11.12

28th November 2012

A03

MZ

22.11.12

28th November 2012

A04

MZ

22.11.12

28th November 2012

A05

MZ

22.11.12

28th November 2012

A06

MZ

22.11.12

28th November 2012

A07

MZ

22.11.12

28th November 2012

A08

MZ

22.11.12

28th November 2012

 

BASIX Certificate No.

Dated

Received by Council

A151590

27 November 2012

28 November 2012

 

Amendment of Plans & Documentation

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

 

a.     Privacy screens to a height of 1.5m above the floor level must be provided to the northern and southern sides of the upper level rear terrace.  The privacy screens 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 constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.     The depth of the upper level rear terrace must be reduced to a maximum of 2m, with the total depth of the terrace and planter box being a maximum of 2.91m.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces are to be consistent with the External Colour Scheme dated November 2012 and received with the Development Application on the 28th November 2012.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $302 500, the following applicable monetary levy must be paid to Council: $3 025.00.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Security Deposit

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

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

 

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

 

Design Alignment levels

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

 

10.     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.

 

 

 

Street Tree management

11.     The applicant shall submit a total payment of $415.25 (including GST) being to:

 

a.       Cover the cost for Council to remove, stump grind and dispose of the existing street tree, Hibiscus tileaceus (Cottonwood), located on the Winchester Road verge, centrally across the width of the site, so as to accommodate the new vehicle crossing and internal hardstand as shown, and

b.       Being the cost for Council to supply and install 1 x 25 litre tree of the same species at the completion of all works, back on the verge, in line with the southern site boundary.

 

This fee 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 tree.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

13.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the additional storey.

 

Smoke Alarms

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

 

BASIX Requirements

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.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Site Management Plan

19.     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.

 

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, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

23.     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

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

 

Activity

Permitted working hours

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

·    Monday to Friday - 7.00am to 5.00pm

·    Saturday - 8.00am to 5.00pm

·    Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, 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.

 

Removal of Asbestos Materials

25.     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.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          Landscaping

27.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon both the streetscape and neighbouring properties, with a predominance of species that are not reliant on high quantities of moisture and fertilizer for survival to be used, with a high quality selection and arrangement of decorative species to be provided throughout the front setback so as to assist with presentation of the development to the streetscape.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

29.     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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

a.       Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

31.     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.

 

32.     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.

 

33.     That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense.

 

ADVISORY NOTES

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

A9      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.

A10     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                              12 March 2013

 

 

Development Application Report No. D18/13

 

 

Subject:                  36 Melody Street, Coogee (DA/537/2012)

Folder No:                   DA/537/2012

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Demolition of existing structures, construction of two storey dwelling with garage, swimming pool and outbuilding to rear with associated work

Ward:                      East Ward

Applicant:                Alec Pappas Architects Pty Ltd

Owner:                         Mrs K Ibrahim and Mr A Ibrahim

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

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

 

The proposed development is for the demolition of the existing building to allow for the construction of a new two storey dwelling with garage, swimming pool, an outbuilding to the rear, new front boundary fence and associated landscape works.

 

Amended plans were received by Council on 26 October 2012 to address a number of issues raised by Council’s Planning Officer and Development Engineers in relation to the southern side setback and the building being partially constructed on the existing Right of Way.

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification on two separate occasions.  The first occasion was on 24 August 2012 to 7 September 2012 and the second occasion was on 5 November 2012 to 19 November 2012.  A total of 3 objections were received, which primarily related to the bulk, scale and height of the development, insufficient setbacks to allow adequate sunlight, inconsistent roof design, overshadowing and privacy impacts, asbestos and access to the right of way. 

 

The above issues have been addressed within the body of this report and it is considered that the proposed built form in terms of height, bulk and scale is generally consistent with other dwelling houses within the area.

 

The proposal complies with the relevant aims and objectives in Randwick LEP 1998 (Consolidation), and is generally compliant with the objectives and performance requirements in Randwick Council Dwelling Houses and Attached Dual Occupancies DCP. The proposal also complies with the zoning provisions and relevant development standards contained in the draft LEP 2012.

 

The amended proposal is acceptable and has been recommended for approval, subject to conditions.

 

2.    The Proposal

 

The proposed development is for the demolition of the existing building to allow for the construction of a new two storey dwelling with garage incorporated, swimming pool, outbuilding to the rear, new 1.5m high front boundary fence constructed of sandstone face with open metal infill gate and fencing in-between and associated landscape works.

 

Ground floor level

On the ground floor level the dwelling consists of an entry, two-car garage, living, study, laundry, WC, cellar, open-planned kitchen with dining and family area opening to a rear porch.

 

First floor level

On the first floor level the dwelling consists of a master bedroom opening to a front balcony, ensuite and walk-in wardrobe, central open-planned sitting area, bathroom, three other bedrooms with two opening to a rear balcony and one with walk-in wardrobe and ensuite.

 

Note:  Amended plans have been received by Council on 26 October 2012 to address a number of issues raised by Council’s Planning Officer and Development Engineers in relation to the southern side setback and the building being partially constructed on the existing Right of Way. The changes are as follows:

 

§ Ground floor southern side setback of the dwelling is increased from 1m/1.2m to 1.63m;

§ Ground floor northern side setback reduced from 1m to 0.9m;

§ First floor southern side setback increased from 1.2m to 1.5m;

§ First floor northern side setback reduced from 1m to 0.9m;

§ All fencing and gates upon the Right Of Way have been removed and reconfigured to be entirely clear of Right Of Way; and

§ The floor area of bedrooms 2, 3 and 4 are reduced in size.

 

The assessment is based on the above amended plans.

 

3.    The Subject Site and Surrounding Area

 

The subject site is identified as Lot 1 in DP 305742, known as 36 Melody Street, Coogee. The site is located on the western side of Melody Street between Alison Road and Bream Street, Coogee. The site is occupied by a two storey dwelling house and a single detached garage and above ground swimming pool that is located to the rear of the property.

 

The site has a frontage width of 10.06m, a depth of 56.945m and a total site area of 572.8sqm. The subject site is rectangular in shape and has a fall of approximately 1.7m from the front to the rear.

 

The locality is predominantly characterised by lower density residential developments which consists of a mixture of mainly single detached dwelling houses and some multi unit developments. The surrounding buildings are in a mixture of building forms.

 

4.    Site History

 

There is no relevant history related to this development application.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development on two occasions in accordance with the DCP – Public Notification. As a result of these notifications, the following submissions were received:

 

5.1 Objections

 

34 Melody Street, Coogee

 

Issue

Comment

The proposed development is excessively large and extends to far to the rear of the site.  The length and height of the development will have significant visual impact, compromise their privacy and have an over crowding effect.

As discussed below in Section 8.3 of this report the bulk & scale, height and setback of the development are considered to be acceptable and satisfy the relevant objectives and performance requirements of DCP for Dwelling Houses and attached Dual Occupancies.

 

The proposal is considered to be an acceptable design within the context of the area, which is zoned 2B and allows for medium density development. The scale and bulk of the development is also generally compatible with the surrounding built forms.

 

 

In addition, amended plans have been received increasing the southern side setback of the dwelling, in order to comply with the preferred solution requirement of the DCP of 1.5m.

 

Overall, the dwelling is well articulated and the form and materials of the proposal are considered to be appropriate to the locality; and will not result in detrimental visual impacts on the adjoining properties and the public domain.

 

The proposal is not considered to result in any unreasonable overshadowing impacts to the objector’s property. Refer to the “DCP” section of this report which demonstrates that the proposal satisfies the relevant objectives and performance requirements with regard to solar access.

 

The proposed FSR & Building height are considered acceptable.  Refer to detailed assessment below in Section 8.3, which demonstrates that the proposed development will not unreasonably impact on the amenity of the adjoining properties and streetscape.

 

The large box like structure with flat roof is not compatible with the distinctive style of pitched roofing within Melody Street. The design is not in keeping with the characteristic visual environment for Melody Street.

Whilst the dominant architectural style of dwellings on this side of Melody Street is of interwar buildings, the street has not been identified as having the aesthetic significance of a Heritage Conservation area and exhibits a number of intrusive additions to the streetscape. Further, the land is zoned for medium density development and as such is likely to undergo a significant transition in character. In such circumstances, it would be inappropriate to require a new dwelling house to adopt a historicist architectural style. A flat roof design will also minimise the overall building height, and visual bulk and scale of the development.

 

 

38 Melody Street, Coogee & Plan Zone Consultant Planners on behalf of the owner at 38 Melody Street, Coogee

 

Issue

Comment

Overshadowing  Solar Access

The proposed development will have a detrimental impact on the north facing living room windows of the existing dwelling at no. 38 Melody Street.  The proposed development eliminates all existing solar access available between 9:00am and 3:00pm during the winter solstice on 21 June. The proposal also, eliminates any opportunity for solar collectors to the north facing roof plane of the existing dwelling.

 

Further, the shadow diagrams are incomplete as they fail to illustrate the extent of overshadowing the proposed outbuilding would cause onto the private open space of the adjoining property at no. 38 Melody Street.

 

The proposal fails to satisfy the solar access planning principle established in The Benevolent Society v Waverley Council [2010] NSWLEC 1082.

 

 

Refer to DCP section 8.3, which demonstrates that the proposed development will not have any unacceptable overshadowing impacts on the neighbouring dwellings; and therefore, the objectives and performance requirements of the DCP and the planning principles established by the courts for sunlight are satisfied.

Also, amended shadow diagrams have been received by Council on the 16 January 2013 which includes the extent of overshadowing by the proposed outbuilding structure. The amended shadow diagram demonstrates that the private open space of the adjoining property at no. 38 Melody Street will still receive the required three (3) hours of sunlight to a significant portion of their private open space between 9:00am and 3:00pm on 21 June.

 

 

Ecologically Sustainable Development

Concept Stormwater Plans have not been provided. Concern is raised by the property owners at no. 38 Melody Street that existing stormwater run-off problems will be exacerbated by the proposed development.

 

Council’s Development Engineers have reviewed the proposal and have recommended that a number of conditions be included within the consent. The conditions also requires that the stormwater drainage system be designed and constructed to satisfy the relevant requirements in the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage).

 

These design measures will ensure that adequate drainage measures are provided for the premises, to maintain adequate levels of amenity and to avoid nuisance or damage to the adjoining premises.

 

Tree removal

The location of the proposed pool will impact on the root structure of a mature Magnolia (Magnolioideae) tree that is located at no. 38 Melody Street.

 

Council’s Landscape officer has reviewed the plans and has indicated that the 1.1m setback shown between the pool and common boundary will be sufficient to ensure that the tree will not be impacted.

Floor Area

The proposed development is excessive in bulk and scale and has a significant visual bulk and massing when viewed from the southern elevation.  The proposal fails to complement existing built forms of development in the streetscape.

 

The proposed FSR as scaled from the plans is approx. 375m².  The application therefore, proposes an FSR of 0.66:1 which exceeds the maximum FSR control by 26%.  The non compliance is considered excessive given the impacts the proposed development will have on adjoining properties.

 

Whilst the proposal does not adopt the preferred solution for FSR it has been demonstrated that the overall objectives and performance requirements of the DCP are satisfied.  The proposed development will not become a distracting visual element in the area and is not considered excessive in respect to bulk and scale.

 

Refer to detailed assessment below in section 8.3, which demonstrates that the proposed development will not unreasonably impact on the amenity of the adjoining properties and streetscape.

 

In relation to the FSR calculation; this has been checked and is correct. It appears that the objector has included the garage area into the calculation. The DCP for Dwelling Houses and Attached Dual Occupancy excludes garage areas less than 40m² from the FSR calculations.

 

Height, Form & Material

The maximum wall height of 7.2m is over the allowable maximum by 200m. While the non-compliance is minor the additional height will create overshadowing and loss of solar access for the adjoining property at no. 38 Melody Street.

 

Refer to DCP section 8.3, which demonstrates that the proposed development will satisfy the objectives and performance requirements of the DCP for Height, Form & Material.

 

Building setback

The rear and southern side setbacks of the first floor level of the proposed development is insufficient to allow for adequate access to natural light and solar access for no. 38 Melody Street.

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation. The proposal is considered to be satisfactory and will meet the above requirements. 

 

Refer to DCP section 8.3, which demonstrates that the proposed development will satisfy the objectives and performance requirements of the DCP for setbacks and not unreasonably impact on the amenity of the adjoining properties and streetscape.

 

Visual and Acoustic Privacy

The proposed rear first floor balcony spans the entire width of the dwelling and will have substantial opportunities for overlooking into the private open areas of adjoining properties.

 

 

Whilst the proposed near balcony extends the width of the dwelling it is recessed within the built form having a depth of only 1.5m. It is also situated outside bedrooms which are low use areas.

 

Contamination/hazardous materials

Concern is raised that the existing site has potential asbestos hazards due to age of construction. 

The concern raised in the objection in relation to asbestos is addressed by standard conditions.  This will ensure that any asbestos products and materials are handled in accordance with the following requirements:

 

·      Relevant Occupational Health & Safety legislation and Work Cover NSW requirements; and

 

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

 

Existing Easements/Right-of-way

The side passageway and shared driveway provide pedestrian access to a side entry/exit door on the adjoining property to the south at no. 38 Melody Street. Concerned that the stairs can not be used if access is revoked.  Also, the garage bins are stored along the shared passageway near the rear of the building. 

 

Further, there is insufficient details regarding any proposed side boundary fencing and if a side boundary fence is proposed to be installed along the shared boundary, this would eliminate access to the side and rear of the existing dwelling.

 

Amended plans have been received increasing the southern side setback to maintain the right of carriageway.  Also, a condition is included which states that no structures are to be located within the Right of Carriageway which would interfere with its use.

 

The amended plans clearly indicate that the proposed south fencing will be located off the southern side boundary by 1.63m and will not hinder access to the Right of Carriageway.

 

Draft Randwick Local Environmental Plan 2012

The Statement of Environmental Effects accompanying the application fails to take the Draft LEP into consideration.

The applicant has provided additional information addressing the Draft Randwick Local Environmental Plan 2012. The proposal is consistent with the aims of the Draft LEP and the specific zoning objectives and will not unreasonably impact on the amenity of the adjoining properties.

 

 

40 Melody Street, Coogee

 

Issue

Comment

The proposed garage occupies majority of the front building.  Recommends that the building be setback 2.7m to coincide with the adjoining properties at no.’s 38 & 40 Melody Street.

The size and location of the garage is not anticipated to have any unreasonable adverse impacts upon the established streetscape or surrounding area as the garage structure is incorporated within the design of the dwelling and is shown to be setback at least 5 metres from the front boundary.  The proposed materials, front balcony and window openings to the front of the façade will create visual interest to the dwelling; and also landscaping is proposed to the front of the dwelling which will soften the impact, therefore making the garage less dominant in the streetscape. 

 

The proposal will overshadow their back yard and is depressingly daunting. The amendments made make only miniscule difference.

Refer to DCP section 8.3, which demonstrates that the proposed development will satisfy the objectives and performance requirements of the DCP for Solar Access and Energy Efficiency.

 

Also, a condition is included deleting the rear balcony from the plans; this will slightly improve the overshadowing impacts.

 

Contest the proposed FSR as indicated in the Statement of Environmental Effects as it does not include the floor area for the proposed garage. The bulk, scale and external appearance of the proposal is not consistent or compatible with other dwelling houses along Melody Street.

The DCP for Dwelling Houses and Attached Dual Occupancy excludes garage areas less than 40m² from the FSR calculations.

 

The proposed development will not result in significant additional building bulk that will dominate the site or detract from the character of the surrounding area; refer to DCP section 8.3, which demonstrates that the overall objectives and performance requirements of the DCP are satisfied.

 

The proposal will have a negative and unreasonable impact on the privacy, light and enjoyment of their home.

Refer to DCP section 8.3, which demonstrates that the proposed development will not unreasonably impact on privacy and solar access and satisfies the relevant objectives and performance requirements of the DCP.

 

Also, the objectors property is located two doors down from the subject site and any privacy and solar access impacts will be further mitigated.

The statement that the proposed development will enhance the street character is not true as the design of a flat roof will clash with the existing street character where house have pitched, terracotta tiled roofs.

Whilst the dominant architectural style of dwellings on this side of Melody Street is of interwar buildings, the street has not been identified as having the aesthetic significance of a Heritage Conservation area and exhibits a number of intrusive additions to the streetscape. Further, the land is zoned for medium density development and as such is likely to undergo a significant transition in character. In such circumstances, it would be inappropriate to require a new dwelling house to adopt a historicist architectural style. A flat roof design will also minimise the overall building height, and visual bulk and scale of the development.

 

5.2      Support

There are no supporting letters attached with this application.

 

6.        Technical Officers Comments

 

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

 

6.1      Development Engineers

This report is based on the following plans and documentation:

·      Amended Architectural Plans by Alec Pappas Architects P/L dated Oct 2012;

·      Statement of Environmental Effects by Alec Pappas Architects;

·      Detail & Level Survey by Watson Buchan dated 7/2/2012.

 

Landscape Comments

While the Macrozamia communis (Burrawang) in the front yard, adjacent the northeast corner of the existing dwelling is a mature native feature species, it is not covered by the TPO, and while the perimeter shrubs in the rear yard, being those 3-4m specimens along the southern boundary, as well as the Elaeocarpus reticulatus (Blueberry Ash) and Callistemon species (Bottlebrush) along the northern boundary assist with screening and privacy, none are significant, so can be removed where necessary as part of the proposed works.

 

While several established trees were observed within adjoining properties, being a 6m tall Howea fosteriana (Kentia Palm) and Archontophoenix cunninghamiana (Bangalow Palm) within the rear yard of no.38, the 1.1m setback shown between the pool and common boundary will be sufficient to ensure they are not affected.

 

Similarly, the row of three, 4-5m tall Cupressus sempervirens (Italian Cypress) beyond the western site boundary, should not be affected as the proposed outbuilding will be constructed in the same area that is currently occupied by the garage and pool, with these structures to have acted as physical barriers to the growth of roots into the site, with conditions not required.

 

7.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

8.    Relevant Environmental Planning Instruments

 

Randwick LEP 2012 was gazetted on 1 February 2013 and formally commenced on 15 February 2013, replacing Randwick LEP 1998 (Consolidation).  This development application was lodged before commencement of this Plan and therefore, Clause 1.8A Savings provision relating to development application under the Randwick LEP 2012 applies.  Consequently, this application is primarily assessed under the Randwick LEP 1998 (Consolidation).

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

a. Clause 11 – Zone No 2B (Residential B Zone)

The subject site is zoned Residential B under the Randwick Local Environmental Plan 1998 (RLEP). The proposal for a new two storey dwelling is permissible with Council's consent under the zoning provisions applying to the land. The proposal is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will:

 

·      provide for a low to medium density residential environment,

·      maintain the desirable attributes of established residential areas; and

·      protect the amenity of existing residents.

 

As such, the proposal is considered to satisfy the relevant zone objectives and will not unreasonable impact on the amenity of the adjoining properties or streetscape.

 

 

b. Clause 22 – Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

 

The proposal will require additional services. A specific condition is recommended to require the applicant to make all necessary arrangements with the service authority for any adjustments to the utility services connections. The proposal will comply, subject to conditions.

 

c. Clause 40 Earthworks

The proposal will require some minor excavation works to accommodate the proposed dwelling. Subject to appropriate drainage recommended by councils development Engineers and building conditions, the proposed excavation works are not considered to result in any detrimental impact on the topography of the site and is unlikely to interrupt the drainage patterns of the site or result in soil instability. Council’s Development Engineer has assessed the proposal and raised no objections on drainage grounds. Subject to the recommended conditions, the proposed excavation works are not considered to adversely impact on the stability and future use of the land.  Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

8.2      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

R3 - Medium Density Residential

 

Is development permitted under zoning?

Dwelling Houses are permitted within the Zone.

The proposed Dwelling House is permissible within the zone and will satisfy the relevant objectives, aims and provisions under the Draft RLEP 2012.

 

Yes

Floor Space Ratio (Maximum)

Max. FSR = 0.65:1 if the lot is between 451 – 600m² in R3 Zone

0.55:1

(or 315.84m² GFA)

 

Yes

Height of Building (Maximum)

9.5m

7.2m

Yes

Lot Size (Minimum)

Not applicable to existing single dwelling houses.

 

n/a

n/a

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

n/a

n/a

n/a

 

8.3 Policy Controls

8.3.1   Development Control Plan - Dwelling Houses & Attach Dual Occupancies

The Dwellings and Attached Dual Occupancies DCP contains objectives, performance requirements and preferred solutions. Applications are assessed on how well they achieve the objectives and performance requirements, whilst the preferred solutions illustrate a way the performance requirements may be achieved.

The following table is derived from the preferred solutions contained in Part 4 of the Dwellings and Attached Dual Occupancies DCP. The preferred solutions (rather than the performance requirements) have been used in the table as they provide a simple, and quantifiable way of achieving compliance. Where the applicant has chosen to address a performance requirement through a means other than the suggested preferred solution, a detailed assessment of the proposal against the relevant performance requirement is provided.

Preferred Solutions Table

Development Standard

Preferred Solution

Proposal

Compliance

Landscaped area

(S1) Minimum 40% of total site area.  Each dwelling is to be provided with at least.

 

Approx. 45% (or 256.14m²)

Yes

(S1) 25m² of useable private open space.

 

Approx. 12.6m x 10.06m (or 127.3m²)

Yes

(S6) A minimum of 20% of site area has a permeable (soft landscaped) treatment.

 

Approx. 21.1% (or 121m²)

Yes

Floor space ratio

(S1) The maximum floor space ratio of a dwelling house for a site area of 572.8m² is 0.52:1 (or 297.8m² GFA).

 

0.55:1

(or 315.84m² GFA)

 

No, see comments below.

Building heights

(S1) The maximum external wall height of a dwelling house is 7m.

 

 

The dwelling has a maximum external wall height of 7.2m.

 

No, see comments below.

(S1) The maximum external wall height of buildings or additions to the rear is 3.5m.

The rear outbuilding structure has a maximum external wall height of 3.49m from the natural ground line.

 

Yes

 Building Setbacks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(S1) Front setback is average of adjoining dwellings or 6m.

Ground level: 5m

 

First floor level: 6.7m

Yes, the setback generally matches the adjoining development along Melody Street.

 

(S2) No part of the building is closer than 4.5m from rear boundary.

Dwelling: The dwelling is setback at least 19.5m from the rear boundary.

 

Outbuilding: The rear outbuilding structure is setback 500mm from the rear boundary.

 

Dwelling: Yes

 

 

 

 

Outbuilding: No, see comments below.

(S3) Side setbacks should be 900mm for any part of the building at ground level.

North side:

 

Dwelling: The dwelling is setback at least 900mm on the ground floor level from the northern side boundary.

 

Outbuilding: The outbuilding structure is setback 1.06m from the northern side boundary.

Dwelling:

Yes

 

 

 

 

 

 

 

Outbuilding:

Yes

 

South side:

 

Dwelling: The dwelling has a varied setback of 1.5m to 2.2m from the southern side boundary.

 

Outbuilding: The outbuilding structure is setback 600mm from the southern side boundary.

Dwelling: Yes.

 

 

 

 

 

 

 

 

Outbuilding: No, see comments below.

 

(S3) Side setbacks should be 1.5m at first floor level.

North side:

 

Dwelling: The dwelling is setback generally 900mm from the northern side boundary and to the centre of the building is setback 927mm.

Dwelling:

No, see comments below.

 

 

 

 

 

South side:

 

Dwelling: The dwelling has a varied setback of 1.5m to 2.2m from the southern side boundary.

Dwelling:

Yes

 

 

 

 

(S3) Side setbacks be 3.0m at second floor level.

n/a

n/a

                               

FSR

Section 4.2 of the DCP outlines the following objectives, performance requirements, and preferred solutions in regards to floor space on the site:

 

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

 

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

 

The proposed FSR is 0.55:1 (or 315.84m²), which exceeds the maximum FSR permitted for this site as stipulated in the DCP. The development is considered to be acceptable based on the following reasons:

 

·      The proposed two storey dwelling is generally consistent with the established development pattern in the locality.

 

·      The design scheme adopts a flat roof form, which will minimize the overall building height, and visual scale and bulk of the development.

 

·      The variation from the preferred solution is 18.04m², which is not a substantial amount given the site area; and as discussed in the following sections, the proposal is not considered to unreasonably impact on the amenity of the adjoining properties in terms of privacy, fresh air and overshadowing. 

 

·      The proposal satisfies the performance requirement, namely, that the building bulk is generally compatible with the surrounding built forms. The proposed two storey dwelling will not result in significant additional building bulk that will dominate the site or detract from the character of the surrounding area. The proposed development is appropriately setback from the front, side and rear boundaries minimising the overall bulk and scale of the development as viewed from Melody Street.

 

·      The dwelling is well articulated and the form and materials of the proposal are considered to be appropriate to the locality; and will not result in detrimental visual impacts on the adjoining properties and the public domain.

 

·      The proposal satisfies the objectives and performance requirements for building setback and height requirements; and will comply with the landscaped area and permeable surfaces preferred solutions stipulated in the DCP.

 

As such, it cannot be argued that this development will be substantially out of keeping with the established character of the locality; and for the above reasons, the proposed FSR of the development is considered acceptable.

 

Height, form & materials

The submitted plans illustrate the proposed dwelling will achieve a maximum external wall height of 7.2m metres measured from the natural ground level.

 

The proposed development adopts a two storey dwelling that is consistent with other dwelling houses with the area. In this instance the design scheme is considered acceptable in that it will not result in unreasonable adverse visual impacts on the adjoining properties and streetscape. The proposed development is considered acceptable on the following grounds:

 

·      The proposed development is generally consistent in height with other adjoining buildings in the streetscape.

 

·      The variation from the preferred height is minimal (200mm) and is limited to only a small portion of the building at the south-western corner.

 

·      The overall height of the proposed development is lower than the ridge height of the existing building by approx. 1.7m.

 

·      As will be discussed in the following sections of this report, the external wall height element does not result in any unreasonable adverse amenity outcomes such as, solar access, fresh air, view loss or privacy, to adjoining properties.

 

·      Whilst the dominant architectural style of dwellings on this side of Melody Street is of interwar buildings, the street has not been identified as having the aesthetic significance of a Heritage Conservation area and exhibits a number of intrusive additions to the streetscape. Further, the land is zoned for medium density development and as such is likely to undergo a significant transition in character. In such circumstances, it would be inappropriate to require a new dwelling house to adopt a historicist architectural style. A flat roof design will also minimise the overall building height, and visual bulk and scale of the development.

 

·      The proposed built form has incorporated window openings, louvre screening devices and a combination of surface finishes on all elevations, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a flat roof, which will minimize the overall building height. The above design measures will minimize the visual scale and bulk of the structures. Overall, the architectural character and form of the proposal is considered to carry positive design merits.

 

·      The proposal is considered to be an acceptable design within the context of the area, which is zoned 2B and allows for medium density development. Therefore, the scale and bulk of the development is generally compatible with the surrounding built forms.

 

Given the above reasons, the height of the development is considered acceptable and will satisfy the overall objectives and performance requirements of the DCP.

 

Colours, finishes and materials

The exterior finishes schedule submitted by the applicant is satisfactory and will be generally consistent with the architectural style and colour scheme of the surrounding buildings. 

 

The proposed front balconies, window and door openings, awning structures and different wall materials will create visual interest to the front and sides of the façade and will integrate positively to the street frontage.

 

Building setbacks

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

Section 4.4 of the DCP outlines the following provisions in regards to setbacks:

 

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

·           To ensure dwellings have adequate access to natural light, daylight and fresh air.

 

Front Setbacks

P1       Front building setback generally conforms with the setback of adjoining development or dominant setback along the street.

 

Side Setbacks

P3       Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air. Side setbacks adjoining a street frontage, regarding corner allotments, must integrate with the established setbacks of the side street and maintain the environmental amenity of the streetscape.

 

S3      Side setbacks are no less than:

·    900mm for any part of a building over 1 metre above ground level and up to one level in height.

·    1.5 metres for any part of a building, the height of which is two levels at that point.

 

a. Front setback

The Objective of the front setback control aims to integrate new developments with the established streetscape pattern and to ensure retention of established vegetation.

 

The proposed dwelling is setback 5m on the ground floor level and 6.7m on the first floor level from the front street boundary. This is generally consistent with the average setback of adjoining development within the streetscape and therefore, is not considered to detract from any established development pattern in the locality. The development is well articulated at the front of the dwelling and the form and materials of the proposal are considered to be appropriate to the locality; and will not result in detrimental visual impacts on the adjoining properties and the public domain.

 

b. Side Setbacks

Dwelling: To the southern side boundary on the first floor level the dwelling is generally setback 900mm from the northern side boundary and to the centre of the building is setback 927mm.

 

Outbuilding: The rear outbuilding structure is setback 600mm from the southern side boundary.

 

Part of the development does not complying with the preferred solution requirement of the DCP. The development is considered to be acceptable based on the following reasons:

 

§ The dwelling and outbuilding structure are not considered to have an unreasonable environmental impact on the street character nor will they impact unreasonably on the amenity of the adjoining properties in terms of privacy, fresh air or overshadowing as discussed in the relevant sections of this report.

§ Adequate landscaping and private open space is provided for the site.

§ The bulk and scale of the outbuilding structure is not considered to be excessive when seen in the context of the site and surrounds and will be consistent with the setback and built form of other outbuilding structures which are sited relatively close to the rear of the property boundary.

 

Given the above reasons, the proposed building setbacks are considered acceptable and will satisfy the objectives and performance requirements of the DCP.

 

c. Rear setback

The rear outbuilding structure is setback 500mm from the rear boundary.

 

It is not considered that the proposed setback and height of the proposed outbuilding structure will have any unreasonable adverse impacts on the amenity of the adjoining properties in terms of privacy, fresh air or overshadowing.  The size and height of the outbuilding structure is consistent with the built form of other similar outbuilding structures which are sited relatively close to the rear of the property boundary and therefore, the objectives and performance requirements of the DCP are meet. 

 

Solar Access and Energy Efficiency

Section 3.1 of the DCP outlines the following in regards to overshadowing:

 

·      To protect solar access enjoyed by neighbours.

 

P2      Buildings are sited and designed to maximise solar access to north-facing living areas and areas of open space.

P9      The design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

In Parsonage v Ku-ring-gai [2004] NSWLEC 347; (2004) 139 LGERA 354, Roseth SC published a planning principle concerning access to sun light. The planning principle published in that Parsonage is in the following terms:

 

Numerical guidelines dealing with the hours of sunlight on a window or open space usually leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level. Numerical guidelines should therefore be applied with the following principles in mind, where relevant:

 

§ The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

§ The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

§ Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

§ To be assessed as being in sunlight, the sun should strike a vertical surface at a horizontal angle of 22.5o or more. (This is because sunlight at extremely oblique angles has little effect.) For a window, door or glass wall to be assessed as being in sunlight, half of its area should be in sunlight. For private open space to be assessed as being in sunlight, either half its area or a useable strip adjoining the living area should be in sunlight, depending on the size of the space. The amount of sunlight on private open space should be measured at ground level.

§ Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

§ In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

 

The shadow diagrams demonstrate that the subject site will have reasonable solar access provided to their private open spaces.

 

The shadow diagrams also demonstrate that the proposed development will not prevent the adjoining properties from obtaining the required three (3) hours of sunlight to a significant part of their private open spaces between 9:00am and 3:00pm on 21 June nor will the development significantly impact on any future solar collectors.

 

However, the shadow diagrams indicate that the proposed development will result in unavoidable overshadowing to the north facing windows of the adjoining property at No. 38 Melody Street. This is unavoidable and largely due to the orientation of the site where the front of the subject site is orientated east and the rear is to the west.  At 9:00am the windows are already over shadowed by the existing two storey dwelling. At 12:00 noon majority of the windows are already over shadowed by the existing two storey dwelling, the proposed development will be impacting only two windows, of which the majority of the window is already overshadowed. At 3:00pm the majority of the windows are over shadowed by the existing two storey dwelling; however, three of these windows currently receive a small amount of sunlight and one of the windows receives total sunlight.

 

In order for these windows to receive direct sunlight the dwelling would need to be reduced in height and setback substantially from the southern side boundary.  This would require the design of the development to be substantially altered which would reduce the amenity on the subject site without achieving any real benefit or gain in solar access. The design of the dwelling is of high quality and is considered to be well thought out.

 

In addition, the proposed development is setback at least 1.5m from the southern side boundary, which is adequate separation between the dwellings to allow daylight into these windows.

 

An objection was raised in relation to future solar collectors being impacted by the proposed development. It would be unreasonable to insist that the subject development remain single storey so that future solar collectors are not impact to a single storey dwelling which is orientated east west.

 

Overall, it is not considered that the proposal will not have any unreasonable overshadowing impacts on the neighbouring dwellings and therefore, the objectives and performance requirements of the DCP and the planning principles established by the courts for sunlight are satisfied.

 

Visual & Acoustic Privacy

Section 4.5 of the DCP outlines several objectives, performance requirements and preferred solutions for visual and acoustic privacy, specifically as follows:

 

P1       Overlooking of internal living areas and private open spaces of residential development is minimised through appropriate building layout, location and design of windows and balconies and, where necessary, separation, screening devices and landscaping.

S1      Where a direct view is available into the private open space of an existing dwelling, outlook from window, balconies, stairs, landings, terraces and decks is obscured or screened within 9m and beyond a 45-degree angle from the plane of the wall containing the opening.

S1      Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

a. Window and door openings

It is not expected that the proposed development will result in any additional unreasonable adverse privacy impacts to the neighbouring properties. 

 

The proposal includes new openings to the east and west of the dwelling which primarily overlook the street and rear yard of the subject site, respectively. The window openings along the northern elevation have been laid out appropriately to avoid direct overlooking and the neighbouring properties window sill height (at no.34 Melody Street) on the first floor level is approximately 1.8m above the floor height of the proposed first floor level which makes it difficult to view into this window. The window opening to Bedroom 3 is limited in size and service area/room of low intensity usage such that the privacy of the adjoining properties will not be unreasonably compromised. The view out from this window would be limited only to a small area of the yard. Also, it is expected that internal privacy measures will be implemented, i.e. blinds.

 

The window openings along the southern elevation will not have any unreasonable adverse privacy impacts to the neighbouring properties as these windows are either laid out appropriately to prevent direct overlooking of adjoining openings, are of obscure glazing, has a sill height of 1.5m to avoid direct overlooking or are limited in size and are to a bedroom. Bedrooms are considered to be of low intensity usage. These attributes to the development assures that there will be no unreasonable privacy impacts to the neighbouring property at no. 38 Melody Street.

 

The ground level openings are not considered to compromise privacy of the adjoining sites as they are either highlight windows, are offset from adjacent window openings, screened by the dividing fencing or are of obscure glazing.

 

The proposed openings are not considered to compromise privacy of the adjoining sites. The objectives and performance requirements of the DCP for Visual & Acoustic Privacy will be satisfied.

 

b. Balconies

It is not expected that the proposed first floor balcony to the front of the dwelling will result in any unreasonable adverse privacy impacts to the neighbouring properties in that it will primarily overlook the front yard of the subject site and street. Whilst the proposed near balcony extends the width of the dwelling it is recessed within the built form, having a depth of only 1.5m. It is also situated outside bedrooms which are low use areas.

 

The proposal meets the objectives and performance requirements of the DCP for Visual & Acoustic Privacy.

 

c. Swimming pool

The proposed in-ground swimming pool is setback sufficiently from the side and rear boundaries. It is not considered that the location of the pool will result in any unreasonable adverse impact upon either the amenity of the adjoining premises or the character of the locality. In addition, the proposed outbuilding structure to the rear will act as an acoustic and privacy buffer to the property at the rear and the fence structures to the side boundaries are sufficient in height, such that any privacy concerns of the adjoining properties will adequately be resolved.

 

The proposed swimming pool is considered to satisfy the relevant objectives and performance requirements of the DCP.

 

Safety and Security

Section 4.6 of the DCP outlines a number of objectives, performance requirements and preferred solutions, in regards to safety and security. As relevant to the subject application, these are highlighted as follows:

 

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

 

P1     Buildings are designed to face the street and overlook streets and other public areas to provide casual surveillance of the public domain.

 

S1, 3 Dwellings have at least one habitable room window overlooking the street.

 

The east elevation sees opportunity for street surveillance of Melody Street through the inclusion of front entry off the living room, a master bedroom and a front balcony.  The front entry doors are designed to face the street and are readily identifiable by visitors and emergency services.

 

The objectives and performance requirements relating to safety and security are considered to have been generally satisfied and as such, this component of the application is supported by this assessment.

 

Garages, Carports and Driveways

Section 4.7 of the DCP outlines several objectives, performance requirements and preferred solutions in regards to Garages, Carports and Driveways:

 

·      To ensure onsite car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings or the local streetscape.

·      To provide convenient and safe car parking and access. 

 

Car parking areas are designed to:

P1    Conveniently and safely serve users;

 

P2    Not dominate or detract from the appearance of the development and the local streetscape;

 

       Be compatible in scale, form, materials and finishes with the associated dwelling.

 

S1   Driveways have a minimum width of three (3) metres and are setback at least one (1) metre from the side boundary.

 

S1   Driveways have a maximum width of three (3) metres at the property boundary.

 

S2 Where vehicular access to available form the rear of the allotment, access and parking is located behind the building.  

 

S2   Driveways, car parking spaces and car parking structures do not occupy more than 35% of the width of the site.

 

The application proposes vehicular access via a 3.8 metre wide vehicular crossing at the front boundary which tappers to 5.39 metres to the kerb. The garage occupies 57.65% of the width of the site. 

 

The proposal provides the required two (2) onsite parking spaces for the dwelling. 

 

The size and location of the garage is not anticipated to have any unreasonable adverse impacts upon established streetscape or surrounding area as the garage structure is incorporated within the design of the dwelling and is shown to be setback at least 5 metres from the front boundary.  Also, landscaping is proposed to the front of the dwelling which will soften the impact and therefore, making the garage less dominant in the streetscape. 

 

A driveway width of 3.8 metres which tapers to 5.39 metres to the kerb is proposed in order to facilitate efficient and safe manoeuvring of vehicles into and out of the garage to the site, of which is generally common in the street. This width will enable two (2) vehicles to be contained within the site. The driveway will not unreasonably detract from the appearance of the site or the streetscape, nor pose a detrimental impact upon neighbouring sites.

 

With the imposition of conditions recommended by Council’s Development Engineer, the driveway and parking situation proposed is considered practical and safe. As such, the proposed garage and driveway is considered acceptable in relation to Section 4.7 of the DCP.

 

Fences

It is proposed to construct a 1.5m high masonry fencing with open metal gates to the Street frontage.  New open metal fencing is also proposed to the side boundaries at the front of the dwelling.

 

The proposed new fencing to the front of the dwelling will integrate with the landscaping and will contribute positively to the street character.  The form and height of the fence is consistent with the established fencing in the streetscape and will be compatible with the appearance of the building. 

 

The design of the front & side boundary fencing will satisfy the objectives and performance requirements of the DCP.

 

9    Environmental Assessment

 

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

 

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to the “Environmental Planning Instruments” section of this report for details.

 

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

The provisions of Draft Randwick LEP 2012 have been considered in the assessment of the application and are generally satisfied by the proposed development.

 

 

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

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

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

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

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

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

 

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

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The site is located within Zone No. 2B (Residential B Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives, in that the development will deliver a detached dwelling, which is compatible with the desired character for the locality.

 

The proposal complies with the objectives and performance requirements contained in DCP – Dwelling Houses and Attached Dual Occupancies.

 

The design scheme adopts a contemporary architectural expression with modern finishes and materials. The proposed first floor balconies, windows, awning structure and a combination of different materials to the development will enhance the façade articulation.

 

The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of solar access, fresh area and privacy. An adequate level of amenity will be retained for the surrounding residents and the public domain.

 

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

 

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

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/537/2012 for demolition of existing structures, construction of two storey dwelling with garage, swimming pool and outbuilding to rear with associated work, at No. 36 Melody Street, Coogee, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

A-01 (Revision A)

Alec Pappas Architects Pty Ltd

October 2012

26 October 2012

A-02 (Revision A)

October 2012

26 October 2012

A-03 (Revision A)

October 2012

26 October 2012

A-04 (Revision A)

October 2012

26 October 2012

A-05 (Revision A)

October 2012

26 October 2012

A-06 (Revision A)

October 2012

26 October 2012

A-07 (Revision A)

October 2012

26 October 2012

Schedule of external finishes and colours

August 2012

21 August 2012

 

BASIX Certificate

No.

Dated

Received

 

438667S_02

19 November 2012

19 November 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Section 94A Development Contributions

3.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $735,000, the following applicable monetary levy must be paid to Council: $7350.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

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 match the back of the existing footpath along the full site frontage.      

7.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $483.00 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.

 

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.

 

 

 

Right Of Carriageway

9.       No structures are to be located within the Right of Carriageway which hinder its purpose. Any landscaping is to be of turf only. Plans submitted for the construction Certificate are to show compliance with this requirement.

 

Stormwater Drainage

10.     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.

 

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

 

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

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

 

c)    The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit which drains to a suitably designed infiltration area having a minimum base area of 5m²,

 

d)    A stormwater overflow pipe (located a minimum 50mm above the outlet to the infiltration area) is to be provided from the sediment/silt arrestor pit to drain to Council’s kerb and gutter,

 

e)    The design and construction of the infiltration areas must be appropriate having regard to the site and ground characteristics.

 

Should the site or ground conditions preclude the construction of an infiltration pit (i.e. due to rock being located within 300mm of the base of the infiltration area), an infiltration pit need not be provided and the stormwater is to be discharged directly to the kerb and gutter via a sediment/silt arrestor pit.

 

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

 

g)    Any rainwater tank overflow/stormwater runoff which cannot be directed to the infiltration area and to the kerb and gutter at the front of the property (due to topographical constraints), shall be discharged either:

 

i.     Through private drainage easements to Council’s kerb and gutter (or underground drainage system); or

 

ii.     To a separate suitably sized infiltration area to the satisfaction of the Certifying Authority.  As a guide, infiltration areas which do not have an overflow to the street should be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

 

h)    The design and construction of any infiltration areas must be appropriate having regard to the site and ground characteristics.

 

If there is no formal overland escape route from the infiltration area to Council’s kerb and gutter/street drainage system, a suitable  investigation is required to be carried out by a professional engineer to determine the suitability of the ground for infiltration and the design of the proposed infiltration system,

 

Infiltration may not be appropriate if the site is subject to rock and/or a water table within 2 metres of the base of the infiltration area, or the ground conditions comprise low permeability soils such as clay.

 

Should ground conditions preclude construction of an infiltration pit (i.e. rock and/or a high water table be present on the site) and the owner/applicant be unable to obtain a private drainage easement to dispose of the stormwater to Council's stormwater drainage system, consideration may be given to the use of a pump out system.

 

i)     Pump-out systems must be designed by a suitably qualified and experienced hydraulic consultant/engineer and the pump-out system designed and constructed generally in accordance with Council's Stormwater Code.

 

Pump-out systems must be provided with two pumps and be installed, connected in parallel (with each pump being capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well is required to be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working,

 

j)     Any pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

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

 

12.     Sediment/silt arrestor pit/s are to be provided within the site at or near the street boundary prior to stormwater being discharged from the site or into any infiltration areas. The sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements, to the satisfaction of the principal certifying authority:

 

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

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

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

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

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

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

·        A sign adjacent to this pit stating that:

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

 

13.     Any Infiltration area which the overflow discharges to Council’s kerb and gutter in Melody Street is to be constructed generally in accordance with the following requirements:-

 

·         Provision of a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaped area).

·         Located a minimum of 3.0 metres from any structures (note: this set back requirement may not be necessary if a structural engineer or other suitably qualified person certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

·         Having a minimum base infiltration area of 5.0 m2 with a suitable means of dispersing stormwater over the area of infiltration.

·         Locating the outlet from the silt arrestor pit to the infiltration area at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

Street Tree Management

10.     The applicant shall submit a total payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Cupaniopsis anacardioides (Tuckeroo) on the Melody Street verge, to the north of the vehicle crossing at the completion of all works.

 

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

 

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

14.     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

15.     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

16.     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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

18.     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

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

20.     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

21.     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

22.     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

23.     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.

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

Landscaping

27.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon both the streetscape and neighbouring properties. A landscape plan detailing proposed species, quantity and their location shall contain:

 

a)    A predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions;

 

b)    A high quality selection and arrangement of decorative species throughout the front setback so as to assist with presentation of the development to the streetscape;

 

c)    Perimeter screening shrubs that are strategically selected and located to maintain amenity for both neighbours and occupants.

 

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

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

 

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

 

Site Signage

29.     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

30.     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

31.     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

32.     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

33.     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

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:

 

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

35.     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.

 

36.     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.

 

 

37.     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

38.     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

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

 

Site Amenities

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

 

Road/Asset Opening Permit

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

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

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

 

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

 

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

 

Tree Management

42.     No objections are raised to removing any of the existing vegetation throughout the site where necessary in order to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

44.     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

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

 

Options may include one or more of the following measures:

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

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

 

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

 

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

 

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

 

Swimming Pool & Spa Pool Requirements

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

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

 

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

 

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

 

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

 

 

Notification of Swimming Pools & Spa Pools

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

 

Council’s “Notification & Registration of a Swimming Pool” (which can be found on Council’s website under ‘Find a Form’) form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

49.     The owner/developer must meet the full cost for Council or a Council approved contractor to:

a)  Construct a new concrete vehicular crossing opposite the vehicular entrance to the site. This shall include possible removal of existing red oxide concrete and replacing with standard white concrete.

Note: the existing concrete crossing servicing the right of carriageway between the 2 properties is to remain.

 

50.     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.

 

51.     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.

 

52.     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.

 

 

Right Of Carriageway

53.     Any damage to the right of carriageway is to be repaired/replaced prior to the issuing of any Occupation Certificate.

 

 

Stormwater Drainage

54.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development consent.

 

The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

55.     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.

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

External Lighting

57.     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

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

 

Waste Management

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

 

Plant & Equipment

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

 

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

 

Swimming pool

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

 

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

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

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

63.     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.

 

64.     Comply with requirements of the Right of Carriageway as stated on the Title of the property.

 

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     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     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.

 

A12     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                              12 March 2013

 

 

Development Application Report No. D19/13

 

 

Subject:                  158 Moverly Road, South Coogee (DA/584/2012)

Folder No:                   DA/584/2012

Author:                   Scott Williamson, Development Assessment Officer     

 

Proposal:                     Alterations and additions to the existing dwelling and change of use to a child care centre with capacity of 46 children, operating between the hours of 8.30am to 5pm weekdays. Works include construction of a subfloor parking area for six (6) vehicles, disabled access and associated works

Ward:                      East ward

Applicant:                Design 23 P/L

Owner:                         Raymond Noel Bird

Summary

Recommendation:     Approval, subject to conditions.

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at request of Councillors Andrews, Nash and Stavrinos.

 

The application proposes conversion of the existing dwelling house into a child care centre catering for up to 46 children (between the ages of 2 to 5) and operating between 8.30am and 5pm, Monday to Friday. Building works associated with the change of use are also proposed, including the construction of a subfloor parking area for six (6) vehicles, disabled access at the front of the site and reconfiguration of the internal floor plan.

 

The application was notified and advertised between 26 September 2012 and 11 October 2012. A total of 73 individual submissions and one (1) petition of 20 signatures were received expressing objection to the proposal. Submissions detailed issues predominantly in relation to traffic and safety implications, parking availability, compatibility of child care uses in residential zones and noise associated with the proposal. One (1) submission of support was received.

 

Council raised issues with the applicant in relation to traffic and parking implications of the proposal. Clarification of operational detail was also sought throughout the assessment process. In response, the applicant formally amended the proposal on 20 December 2012, introducing a subfloor parking area accommodating six (6) vehicles, for a total of seven (7) onsite parking spaces.

 

Following amendments, the application was re-notified between 16 January 2013 and 31 January 2013. A total of four (4) individual submissions and one (1) petition of 20 signatures were received expressing objection to the amended proposal. Submissions generally reiterated previous concerns of traffic and safety implications, parking availability, location in a residential zone and noise.

 

Council’s Environmental Health Unit has advised that the noise expected to arise from the proposal is capable of complying with the provisions of the Protection of the Environment Operations Act 1999 and is consistent with established Land and Environment Court case law. The proposed management procedures have also been reviewed by Environmental Health and been found to be acceptable.  Recommended conditions relate to requirements for acoustic sealing, the restriction of hours of outdoor play and ensuring maximum numbers of children outdoors at a single time, in order to preserve residential amenity. 

 

Both Council’s Development Engineers and Integrated Transport Unit have indicated the proposal is acceptable with regard to traffic, safety and parking issues, subject to conditions. The application proposes a parking shortfall of five (5) onsite spaces, providing seven (7) spaces where the Parking DCP requires 12 spaces. Both the Development Engineers and Integrated Transport Unit have advised that this is acceptable, with the surrounding street network capable of absorbing some overflow.

 

Traffic and parking conditions will requires for construction of a footpath to the adjoining Council car park to the east and installation of ‘No Stopping’ signage on Moverly Road, both to be funded by the applicant. The applicant will also remove vegetation on the Moverly Road verge, in order to allow suitable view lines for vehicles entering and exiting the premises and improving vehicular safety to the Moverly Road frontage of the site.

 

Council’s Building Surveyors have indicated the proposal is capable of compliance with the BCA, subject to the application standard conditions.

 

The proposal generally meets the requirements of the relevant Environmental Planning Instruments and Council’s Child Care Centres Policy. It is considered that through conditions, the potential environmental impacts can be minimised, allowing the proposed use to effectively operate within the existing residential context.

 

The application is recommended for approval, subject to conditions.

 

2.    The Proposal

 

The application involves the use of the existing dwelling as a child care centre for 46 children, operating between the hours of 8.30am and 5.00pm. Various works to facilitate the change of use are proposed. Specifically:

 

Proposed works:

·    Excavation and construction beneath the existing dwelling to provide for a basement with parking for six (6) vehicles, accessed via the existing Moverly Road crossing;

 

·    Works to the Moverly Road frontage of the site, including an additional staff parking space, disabled access ramp, widening of existing driveway and modification of the existing masonry front fence to 1800mm in height;

 

·    Demolish and reconfigure internal layout of the building to provide for three (3) playrooms, toilets, kitchen and staff facilities;

 

·    Modify and extend the existing terrace area to the rear of the dwelling;

 

·    Provide ‘soft fall’ artificial turf to the rear open space of the site;

 

·    Provide rear pedestrian access to Roper Ave;

 

·    Various fencing works internally for child safety.

 

Operational detail:

The proposed child care centre use is inclusive of the following operational detail:

 

·    Capacity of 46 children aged between two (2) and five (5) years;

 

·    Staff of five (5) to be onsite at all times during operation. A cook will also attend for approximately two (2) hours per day;

 

·    Centre operation between 8.30am and 5.00pm, Monday to Friday. The centre will be closed weekends, public holidays and for four (4) weeks over the Christmas period;

 

·    Outdoor activity time for children restricted to 30 children at any one time, for no longer than an hour and a half per day, per group;

 

·    Outdoor play area within the rear open space to comprise an ‘active’ area for play on the eastern side of the site and a ‘passive’ area for storey telling on the western side.

 

3.        Site context

 

The subject site is described as Lot 4781 in DP 752015, known as 158 Moverly Road, South Coogee. The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 (Consolidation). The site is zoned R2 Low Density Residential under Local Environmental Plan 2012.

 

The site is located on the northern side of Moverly Road, opposite the intersection of Moverly Road and Coldstream Street. The parcel is of regular shape and is oriented roughly north-west to south-east. The site incurs a fall in topography of roughly three (3) metres across the site, in an easterly direction. This fall occurs as a result of a sandstone outcrop that roughly dissects the parcel longways.

 

The dimensions and land area of the site are summarised as follows:

 

Boundary

Length

Land area

North-west, rear boundary

15.24m

663.9m2

South-west, side boundary

42.265m

North-east, side boundary

38.075m

South-east, Moverly Road boundary

18.288m

 

The site is presently occupied by a single dwelling of part one (1), part two (2) storey scale. The building was constructed circa 1954 and is built over the above discussed sandstone outcrop, of which initiates a two (2) storey building scale to the north-eastern elevation.

 

The vicinity of the site comprises low density residential development, the Randwick General Cemetery (a listed heritage item), multi-unit development owned by the NSW Department of Housing, South Coogee Public School and a Council reserve occupying the unformed road of Roper Ave.

 

The site has only one (1) immediate nieghbour, a two (2) storey residential dwelling on it’s south-west boundary, at 156 Moverly Road. Similar residential development exists further to the south-west and across Moverly Road to the south-east.

 

The subject site is not recognised as having any heritage significance within the provisions of RLEP 1998.

 

4.        History

 

4.1      Site History

·      BA/689/1954 – 158 Moverly Road, South Coogee:

The most recent application received by Council in relation to this site was BA/689/1954, which gave consent for the existing dwelling on the site.

 

4.2      Application History

Throughout the assessment of the application, issues of traffic and parking were raised with the applicant. Amended scheme proposing basement parking for six (6) vehicles was received on 20 December 2012.

 

The application was re-notified and has been assessed in accordance with the amended proposal of 20 December 2012.

 

5.        Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the application between 26 September 2012 and 11 October 2012, in accordance with the DCP – Public Notification. As a result of this notification, 73 individual submissions and a petition of 20 signatures were received, expressing objection to the proposal. One (1) submission of support was received.

 

Of those individual objections received, a total of 48 were received through the website change.org. These submissions have not been considered a petition as each received contains a personalised concern of each submitter, alongside a standard text.