Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 14 May 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                                                                                                 14 May 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, 14 May 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 - 9 April 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)

 

D33/13      6 Palmer Street, South Coogee NSW  2034 (DA/496/2012).......................... 1

D34/13      189 Fitzgerald Avenue, Maroubra (DA/462/2012)..................................... 79

D35/13      175-249R Arden Street, Coogee (DA/150/2013)..................................... 155

D36/13      211-213 Anzac Parade, Kensington (DA/744/2012)................................. 181

D37/13      710 Anzac Parade, Kingsford (DA/234/2012).......................................... 243

D38/13      94 & 96 Storey Street, Maroubra (DA/696/2012).................................... 283

 

Miscellaneous Reports (record of voting NOT required)

 

M7/13       Affordable Housing Dwelling at 109/2-8 Pine Avenue, Little Bay Classification of Land under Local Government Act 1993....................................................... 327

 

Miscellaneous Reports (record of voting required)

 

M8/13       Draft Comprehensive Development Control Plan - Post Exhibition Report...... 331

M9/13       Inglis Planning Proposal (Rezoning) - Council Submission to JRPP............... 377    

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                 14 May 2013

 

 

Development Application Report No. D33/13

 

 

Subject:                  6 Palmer Street, South Coogee NSW  2034 (DA/496/2012)

Folder No:                   DA/496/2012

Author:                   Wendy Wang, Senior Environmental Planner     

 

Proposal:                     Substantial demolition of the existing dwelling and construction of a new part 2, part 3 dwelling house featuring a double garage accessed from Palmer Street, swimming pool, terraces, herb garden and BBQ area the upper floor.

Ward:                      East Ward

Applicant:                Domus Homes

Owner:                         Mr R B Parsons and Mrs S M Parsons

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Nash, Belleli and Andrews.

 

The subject application is for the substantial demolition of the majority of the existing dwelling and construction of a new part 2, part 3 dwelling house featuring a double garage accessed from Palmer Street, swimming pool, terraces, herb garden and BBQ area the upper floor.

 

The application was notified to the adjoining and nearby properties from 10 – 24 August 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of sixteen (16) submissions were received in response.

 

Preliminary assessment of the application and subsequent site inspections revealed that the proposal was unacceptable in its original form in relation to floor space ratio, view impact assessment, height, forms, materials, setbacks and visual/acoustic privacy.  

 

Following consultation between Council’s Assessment Officer and the applicant, the applicant provided amended plans on 26 October 2012 in response to Council’s review of the design. The revised plans were re-notified to surrounding residents from 5 – 19 November 2012. As a result of the second notification, thirteen (13) submissions were again received raising issues of bulk, scale, visual and acoustic privacy, view loss, drainage and other design matters.

 

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

 

The site is identified as being within Zone No. 2A (Residential A Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a dwelling house that will be consistent with the character of other residential developments in the locality. The development will incorporate suitable design measures that minimise the visual scale and bulk of the structures especially in the context of the existing and future desired character of the area. Accordingly, the proposal is considered to have positive planning merits.

 

It is considered that the proposed dwelling, as amended, will not result in significant adverse amenity or visual impacts on the area. The development complies with the objectives and performance requirements of the DCP and is considered to be satisfactory.

 

The proposal has an FSR of is 0.67:1, which does not meet the DCP preferred solution of maximum 0.6:1 FSR. Assessment of this variation indicates that the relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will not be inconsistent with the existing built form of adjoining and surrounding properties. The bulk of the building is distributed appropriately down the slope of the subject site to respect the outlook of adjoining properties and preserve the privacy, solar access and view sharing for neighbouring residents.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended and is recommended for approval subject to conditions.

2.    The Proposal

 

The application seeks approval for the following works:

 

·      Demolition of most of the existing dwelling house except for a portion of the rear external walls

·      Demolition of the existing single carport;

·      Construction of a new part 2 part 3 dwelling house featuring a double garage accessed from Palmer Street, swimming pool, terraces, herb garden and BBQ area the upper  floor level;

·      Removal of 2 trees;

·      Associated works including landscaping, paving and construction of a new driveway at the western edge of the site to service the garage. The driveway allows for retention of the existing street tree.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Palmer Street and is presently occupied by an existing two storey detached residential dwelling with subfloor garage and carport.

 

The site is known as 6 Palmer Street, Lot 15 in DP 6772. The allotment is of a regular shape, with a street frontage of 15.24m and a depth of 39.98m giving a site area of 609.3m2

 

Site topography falls from the street boundary to the north with change in level of about 3m along the western boundary and 1.2m along the eastern boundary. The site also slopes from west to east, with a change in level of about 1.2m along the Palmer Street frontage.

 

Significant vegetation is generally located adjacent to site boundaries particularly to the rear of the present dwelling, with the exception of a large palm tree positioned in the front setback adjacent to the carport.

 

The surrounding area is residential in character consisting predominantly of detached residential development.

 

Photographs of the site and surrounds

1. Existing dwelling (shown on right) fronting Palmer Street and the adjoining dwelling at No. 4 Palmer Street shown on left. 

2. Existing dwellings east comprising of Nos. 8, 10, 12 and 14 Palmer Street.  

3. Existing dwelling to the south across Palmer Street (Nos. 1, 3 and 5 Palmer Street). 

4. Existing dwellings across Palmer Street to the south east.

5. Dwelling to the west along Close Street  

6. Rear of the subject site. The return section shown in the foreground is to be retained. 

 

4.        Application and site history

 

The application was lodged on 6 August 2012 and notified to surrounding properties from 10 – 24 August 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans.

 

Council’s Assessment Officer, in a letter dated 13 September 2012 raised the following issues (issues have been summarised):-

 

·      The form of the proposed development and potential impacts on neighbours (view loss, privacy, building bulk) do not demonstrate consistency with the objective of the Residential 2A Zone under the Randwick LEP 1998 (Consolidation).

·      Floor area has not been calculated in accordance with the definition of Gross floor area as defined within the DCP Dwelling Houses and Attached Dual Occupancies.

·      The design of the dwelling, at first floor level in particular, should be amended so as to substantially reduce the overall height of the dwelling. A detailed view loss analysis should be undertaken to confirm that any amended design is consistent with the principle of view sharing.

·      The proposed nil setback of the garage to the western side boundary results in a built form which does not integrate with the established setbacks of development on adjoining sites and is likely to result in a structure that would be visually obtrusive when viewed from immediately adjoining sites and the streetscape. The design of the proposed garage should be revised to address these issues.

·      The proposed orientation of openings and balconies at first floor level to the side boundary is not considered to satisfy the above objectives or meet the stated performance requirements in relation to privacy. The design of the first floor level and configuration of balconies should be revised to face north in order to address the above issues.

·      The plans provided show a “9.5m maximum building height limit line”, which is not applicable to the proposed development. A 7m external wall height line, measured vertically from ground level, should be shown on all elevations.

·      Separate plans showing all areas included in the floor area calculation should be provided.

·      All parts of the existing dwelling to be retained should be clearly annotated on plans.

·      An outline of the existing dwelling should be shown on the western elevation to assist neighbours in understanding the potential impacts of the proposal.

 

Subsequently, revised drawings were submitted to Council on 26 October 2012 in response to Council’s comments, which included the following key design amendments:

 

 Lower ground floor

·  Opening in wall to north/west terrace wall indicated as well as paving to this area. and existing subfloor area reduced

·  Deep soil planter box on south/east boundary reduced & deep soil landscaped front courtyard adjacent also reduced to accommodate garage set back

·  Door opening to guest/study room reduced to accommodate entry terrace having moved eastwards to accommodate 900mm garage setback

 

Ground floor

·  Garage set back 900mm off west boundary with deep soil landscaping increased adjacent in set back from west boundary

·  Porous driveway adjusted to suit new garage setback

·  Vehicle crossover adjusted to suit new garage location

·  Entry pathway relocated eastwards to accommodate garage setback

·  Garage access door into courtyard adjacent Bedrooms 2 and 3 removed

First floor

·  Landscaped planter box introduced to full length on eastern side of terrace

·  Pool size reduced and located closer to living area to maximise separation from No. 8 Palmer Street.

·  BBQ terrace on south and pool access terrace on north both reduced in size to accommodate new landscaped planter box

 

Roof

·  Roof set back to suit new garage location

·  Roof pitch reduced resulting in an 800mm roof pitch reduction on the east side, resulting in substantial roof bulk reduction (refer west elevation)

·  Removal of fixed glass highlights on south, east and north elevations of living area

 

General

·  Inclusion of existing house outline to elevation drawings

·  Inclusion of 7.0m wall height lines on elevations

·  Inclusion of 9.5m max building height lines on elevations (as per DCP).

The accompanying letter also details responses to the issues raised by Council’s Assessment Officer in relation to floor space ratio, view impact assessment, height, forms, materials, setbacks and visual/acoustic privacy.  

 

Issues with regard to privacy from the east facing terraces at the upper floor were again raised to the applicant and it was agreed that the proposed BBQ area adjacent to the first floor swimming pool would be rearranged and a herb garden be incorporated such that concerns of overlooking toward the neighbouring dwelling at No. 8 Palmer Street would be adequately addressed. 

 

As a result of further discussions and meetings between Council Officers and the applicants, a final amended first floor plan was received by Council on 18 March 2013 and together with the plans received on 26 October 2012, forms the subject of the current assessment. It is noted that the amended plans are considered to adequately address the issues raised by Council’s Assessment Officer in the 13 September 2012 correspondence.

 

The overall design, height, bulk, scale and critical features of the building have not been altered as a result of the plan amendments. The scope of changes as outlined above did not result in any material change to the nature of the proposal and therefore renotification was not required.

 

The initial public consultation process was completed on 24 August 2012. Due to the potential impacts on scenic and iconic views currently enjoyed by the adjoining and nearby properties as well as the concerns raised in the submissions, Council requested the owners to install timber poles on the site to depict the form and height of the building by email in November 2012 and again in February 2013.

 

The height poles were installed on 28 February 2013. The accuracy of the poles in terms of their locations and height levels has been checked by a registered surveyor from W. Buxton Pty Ltd – Land and Engineering Surveyors dated and received by Council on 28 February 2013 certifying the accuracy of the poles.

 

The properties likely to suffer from view loss impacts (Nos. 1, 2, 3, 4, 5 Palmer Street and 7, 11 Close Street) were inspected on 4 December 2012 and again on 1 March 2013.

 

5.    Community Consultation

 

The application was notified to the adjoining and nearby properties from 10 – 24 August 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of sixteen (16) submissions were received from the residents of

 

1 Palmer Street

2 Palmer Street

3 Palmer Street

4 Palmer Street

5 Palmer Street

7 Palmer Street

8 Palmer Street

9 Palmer Street

10 Palmer Street

12 Palmer Street

7 Close Street

11 Close Street

15 Pearce Street

17 Pearce Street

19 Pearce Street

Coogee Precinct Committee

 

The following issues were raised in the submissions (issues have been grouped at avoid repetition): -

 

·      Non compliance with FSR and overall/wall height controls

·      Non compliance with side setback controls

·      Non compliance with minimum landscaping controls 

·      Overshadowing to No. 7 Close Street

·      Privacy impacts

·      Visual bulk and resultant impact on the foreshore scenic protection area

Refer to section 9.1 of this report for detailed assessment.

 

The development application is considered suitable and reasonable in relation to the subject site in that it proposes a dwelling house that does not detract from the existing and future character of the neighbourhood and streetscape as exemplified in the numerous contemporary previously approved in the locality. Additionally, the proposed dwelling responds to the size, shape and topography of the subject site adequately by distributing the bulk and scale of the building and off-setting the proposed FSR and external wall height by providing adequate landscape areas and setbacks. The design of the proposed development is considered suitable and reasonable relative to the size and shape of the subject site as indicated in the proposal’s full compliance with the landscape controls and its predominantly compliant setback provisions as detailed in Section 9.1 below. In particular the height, bulk and scale of the proposal performs adequately in relation to the amenity of adjoining properties given the shape, size and topography and subject to appropriate conditions.

 

·      The proposal has a significant amount of sub-floor area that has potential to be converted into habitable space

Council cannot speculate with regard to future development applications and their potential non-compliance with planning controls. All future applications for the subject site (if any) as well as surrounding sites will be subject to as detailed merit based assessment of the information provided with the proposal at the time of submission.

 

·      Proximity of the building to the rear boundary

·      Additional bulk and scale to the rear of the subject site due to additions to the single storey structure already built to the boundary

·      The rear section of the dwelling should be demolished and appropriate side setbacks be provided

The section of the dwelling which does not meet the DCP preferred solution for side and rear setbacks is existing and currently accommodates the main bedroom of the dwelling. The proposal does not seek to change the use or building envelope of this room. 

 

It is outside the scope of the application to require the applicant to demolish existing portions of the dwelling. Whilst the rear section does not meet the preferred solutions of the DCP with regard to side and rear setback, the proposal does not seek to increase the height of this section of the dwelling. As such, the proposal is not anticipated to exacerbate any impacts to surrounding dwellings. Refer to section 9.1 of this report for detailed assessment.

 

·      The orientation of the dwelling is inconsistent with that of the established streetscape

The application has been amended such that the proposal addresses the street and is consistent with the arrangement of surrounding dwellings.

 

·      Inaccurate and misleading statements in the accompanying documentation

·      Neighbouring properties have not been shown on the respective floor plans to allow for an accurate privacy assessment

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

 

·      Inaccurate landscaping calculations

·      Inadequate and inappropriate landscape

·      The location and planting of any palms which overhang into the adjoining site is not appropriate the trees have a large canopy spread which will result in additional overshadowing

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

 

·      Height poles should be installed on the site to demonstrate the potential impacts on the views currently enjoyed by the surrounding residents.

 

Height poles were installed on the site to demonstrate the potential impacts on the views currently enjoyed by the surrounding residents.

 

·      View loss to various properties

See section 9.2 of this report for detailed discussion and view impact assessments.

 

·      Loss of property value

Changes in property value are not a matter for consideration under Section 79C of the EP&A Act 1979.

 

·      Layout of the proposed dwelling and pool compromises the amenity of surrounding properties

·      Inappropriate location of pool and terraces and associated visual and acoustic impacts

·      Proposed upper level pool and living areas will result in noise and disturbance

·      The location of the pool and outdoor living areas will set a negative precent for future development in the street

Refer to section 9.1 of this report for detailed assessment.

 

·      The proposed garage is visually dominating and excessive in height and scale

The design and location of the proposed garages, as amended, are not obtrusive in the overall scale of the streetscape or inconsistent with parking structures in the vicinity. Refer to section 9.1 of this report for detailed assessment.

 

·      The proposal will exacerbate existing flooding/water runoff issues for adjoining sites

·      Issues of pool overflow during heavy rain events or if the occupants were away have not been addressed.

·      Reliance on a pump-out system for drainage is an inappropriate design solution the existing drainage issues

·      The property is subject to regular flooding.

·      No drainage details for the pool are provided on the Stormwater Plan.

The rear of the site is a potential overland flowpath. Conditions are be applied to any consent to minimise the potential for damage to the rear landscape yard and/or for the overland flowpath to be blocked should approval be granted.

 

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

 

·      Impact on future development potential for nearby properties

·      Negative precent for future development

The development will incorporate suitable design measures that minimise the visual scale and bulk of the structures especially in the context of the existing and future desired character of the area. Whilst it is acknowledged that the arrangement of the dwelling’s openings and outdoor living areas is inconsistent with that of the surrounding dwellings, it is considered that the amended application adequately addresses concerns raised by Council in relation to privacy views, height and bulk/scale. Accordingly, the proposal is not considered to have an adverse impact to the development potential of surrounding sites.

Further, each development application received by Council is considered having regard to its compliance with the relevant planning controls and merits. Approval of the subject application would not establish any undesirable planning precedent in this instance.

 

·      The angled metal roof should be replaced with a flat one to minimise view impacts to surrounding sites

·      Height of the roof could also be reduced

The proposed roof structure is considered to be reasonably low in profile when compared to that of the adjoining dwelling at No. 4 Palmer Street, for example. Impacts of the height and design of the dwelling upon the views and amenity of surrounding dwellings are discussed in detail in sections 9.1 and 9.2 of this report.

The amended plans provide for a revised roof treatment at the upper level. Reducing the angle of the skillion roof plane has enabled the highest point of the roof, at its eastern edge, to be lowered by 800mm to a maximum RL of RL 32.9. When assessed in conjunction with the accompanying survey plan and details, maximum height of the proposal, as amended, is 2.56m lower than the roof ridge height of the dwelling at No. 4 Palmer Street and 920mm above the maximum height of roof of the existing dwelling on the subject site.

 

·      The location of drainage and water pipes should be provided as this could result in acoustic impacts for nearby properties.

This information is not required at DA stage. Appropriate conditions are included to ensure that proposed plant and equipment does not exceed the prescribed noise levels for residential environments.

 

·      A boundary definition survey be provided and be made available as part of any renotified proposal.

·      The plans lack detail and do not show relative heights and locations of surrounding dwellings

The proposal is accompanied by a survey plan and setbacks to all boundaries of the subject site are clearly defined in the plans submitted and allow for a full and proper assessment of the application against relevant setback controls. Further, a standard condition has been included within the consent requiring the submission of a Registered Surveyor’s check survey certificate to be obtained at critical stages of construction to ensure compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA).

 

 

Second notification

Following receipt of amended plans on 26 October 2012, the application was re-notified to surrounding residents from 5 – 19 November 2012. As a result of the second notification, thirteen (13) submissions were again received detailing similar concerns raised in the first round of submissions. To avoid repetition, only new issues have been addressed below with the majority of the issues addressed in the section above.

 

·      The planter box along the eastern edge of the first floor terrace is a safety hazard as pool users can jump from the planter into the pool.

·      Maintenance of the proposed eastern side planter box is not possible.

 

The planter box (as shown in the diagram extracted from the submitted plans) is separated from the pool by the extended wall/coping such that the water is adjacent to the raised wall and cannot be used to gain access to the pool. There is also sufficient space along the eastern edge of the terrace which is not occupied by the pool for access to the planter box for future maintenance.  

 

 

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

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

 

Drainage Comments

Due to the site location being close to the rock shelf the requirement for stormwater to be discharged to a 5 sqm infiltration pit is not required.

 

Landscape Comments

While the SEE details that this development will not achieve compliance with Council’s numerical controls for landscaped area in this zone (39.1% provided – 40% required, which equates to a minor shortfall of 5.4sqm), it will exceed the deep soil landscaping requirement, with the submitted landscape plan showing a high level of detail that will result in a high quality treatment, with conditions requiring that it be fully implemented as part of the works.

 

On Council’s Palmer Street verge, in line with the western site boundary, there is a 3m x 3m Hibiscus tileaceus (Cottonwood, Tree 9, on the Existing Tree Schedule) which appeared in fair health and condition, is covered by the TPO due to its location on public property, and is part of a formal avenue planting of this species in this street and the surrounding area.

 

The plans show that the existing crossing, currently located centrally across the width of the site, will be re-positioned to the western boundary, and while the tree appears to be shown for retention, with the western edge of the crossing ‘splayed’ around its trunk, Council’s design requirements would not allow this, as it would need to be provided perpendicular to the street, which would be directly in conflict with the tree.

 

This particular tree is not overly significant to the local environment or streetscape in anyway, and as such, conditions in this report allow it to be removed at the applicant’s cost, with any impact on area amenity to be minimised through the ability to provide a replacement of the same species back on the verge, to the east of the crossing, with relevant conditions included in this report.

 

Beyond the southeast corner of this site, within the front yard of the adjoining property to the east, 8 Palmer Street, against the common boundary, there is a mature Plumeria acutifolia (Frangipani, Tree 8) which while the minor pruning of some branches from its western aspect that overhang into the site may be needed for clearance reasons, it will remain otherwise unaffected, with relevant conditions to ensure its preservation having been imposed.

 

In the front yard of the subject site, along the eastern boundary, close to the southern edge of the existing awning, there is a self-seeded Phoenix canariensis (Canary Island Date Palm, Tree 7) of around 5-6m in height, which while being shown for retention on the submitted landscape plan, will not be required by Council as this species is regarded as an environmental weed due to the ability of its seeds to be spread by birds and invade native bushland, with its sharp and poisonous spines along both sides of its fronds making it unsuitable for residential situations, with a condition in this report requiring that it be removed and replaced with a native coastal tree in this area of the site.

 

Still within front setback, but on the opposite side of the site, near the southwest corner of the existing dwelling, there is a semi-mature Livistona australis (Cabbage Palm, Tree 10) of 6-8m in height, which is a native species that was observed to be in good health and condition.

 

However, as this palm is already growing within 2m of the existing house, it is exempt from the provisions of Council’s TPO under clause 4.b.vii, so can be removed to accommodate works associated with the new garage and dwelling as shown, with a replacement of the same species to be provided back within the proposed side courtyard.

 

In the rear yard, along the eastern site boundary, between the existing house and rear (northern) boundary, there are a group of mature feature species that appear to have been planted for privacy and screening reasons, and comprise from south to north; three, 8m tall x Archontophoenix alexandrae (Alexander Palms, Tress 6-4), a 5m tall Plumeria acutifolia (Frangipani, Tree 3), and then a Phoenix dactylifrea (Date Palm) which is a rare species of palm.

 

As the roof of the paved patio will finish only 1m to the west of Tree 5-6, and 2m from Tree 4, these three could be removed (without needing to obtain consent) upon completion of building works, as allowed by clause 4.b.vii of the TPO, but as all plans have shown this group being retained as existing site features, conditions to facilitate this have been provided. The Date Palm is a rare species, so its retention should be given priority.

 

The single Syagrus romanzoffianum (Cocos Palm, Tree 1) to the northwest of this group, on the northern boundary, is an exempt species under Council’s TPO due to its low landscape and amenity value, so can be removed and replaced with the evergreen screening hedge (2-3m mature height) as has been shown.

 

Should the application be approved the appropriate nominated conditions shall apply.

 

7.    Master Planning Requirements

 

A master plan is not required for the proposed development.

 

8.    Relevant Environmental Planning Instruments

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

 

The Randwick Local Environmental Plan 2012 was gazetted on 15 February 2013. Clause 1.8A of the RLEP 2012 requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 (Consolidation) that was in force immediately before the commencement of this plan. The subject application was lodged on 6 August 2012, and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

The site is zoned Residential 2A under RLEP 1998 (Consolidation). The proposal is consistent with the general aims of the LEP and the specific zoning objectives, in that the development will deliver a single dwelling, which is compatible with the desired lower density character of the locality.

 

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

Clause

Required

Proposed

Compliance

22  Services

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

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

Complies, subject to conditions

29 Foreshore Scenic Protection

Council to consider the aesthetic appearance and visual amenity impact of the proposed building in relation to the foreshore

 

 

The proposal has an aesthetic appearance that will not be detrimental to the visual qualities and amenity of the foreshore. In particular, the new detached dwelling is not atypical of previously approved new dwelling house developments in the locality in terms of architectural style, bulk and scale and external finish.

Complies

40 Excavation and filling of land

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

Clause 40 requires Council to consider the likely impact of earthworks on the existing drainage patterns and soil stability in the locality.

 

The site has already been modified to accommodate the existing dwelling. The application seeks to carry out minor excavation to a depth of 1.5m to create a portion of sub-floor area. The application has been referred to Council’s Development Engineer for review. It is considered that the proposal will not adversely affect the local drainage pattern and use of the land, subject to the recommended stormwater management conditions. Standard conditions are also recommended to ensure that appropriate soil retention and erosion control measures are undertaken during works on the site.

 

Subject to the above conditions, the proposed development is considered to be satisfactory in this regard.

Complies, subject to conditions

 

8.2      Randwick Local Environmental Plan 2012

 

The 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 RLEP 2012 that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

 

Zoning:

 

The site is zoned Low Density Residential R2.

Yes.

Permissible under the proposed zoning?

Yes

Floor Space Ratio (Max)

0.6:1

0.67:1

 

No, see section 9.1 above for detailed discussion. 

 

Height of Building (Max)

9.5m

8.92m

 

Yes.

 

Lot Size (Min)

No minimum for single dwellings.

609.3m2

N/A

 

 

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

SEPP: BASIX applies to the proposed development. A BASIX Certificate has been submitted with the development application. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.        Policy Controls

 

9.1      Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

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

 

Landscaping

 

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

42% of the site is landscaped area. Complies

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard has an area of 137sqm. Complies

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The above area has minimum dimensions of 10.7m x 9.6m. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above area is located in the rear yard. Complies

S6

20% of the total site area has permeable treatment.

39.1% of the site is permeable. Complies

 

Floor Space Ratio

 

The Objectives and Performance Requirements of the DCP in relation to floor space ratio (FSR) aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimise adverse amenity impacts on the neighbouring properties.

 

The proposed development has an FSR of 0.67:1, which equates to 409.42m2 gross floor area (GFA). The preferred solution of the DCP is 0.5:1 for sites with an area of 600sqm or more and the proposal will deviate from the DCP preferred solution by 0.17:1 FSR or 103.6m2 GFA.

 

Notwithstanding this, the proposed is deemed to be acceptable in this instance for the following reasons: -

·      Due to the topography of the site (sloping away from Palmer Street toward the north/rear) the proposed dwelling adopts a modest double storey scale to the streetscape and does not dominate the appearance of the dwelling or contribute to unreasonable bulk and scale when viewed from Palmer Street.

·      It is considered that the variation is acceptable and the relevant objective and performance requirements of the control have been met and the proposed bulk and scale will not be inconsistent with the existing built form on Palmer Street (refer to figures below for examples of existing dwellings in Palmer and Close Streets).

·      The proposal achieves compliance with preferred solution side setback controls at the upper floor and has the effect of visually reducing the perception of excessive bulk and scale to adjoining properties as well as to the street.

·      The proposal complies with the landscape requirement of the DCP which will ensure adequate plantings and landscaping to soften the proposed built form.

·      The proposal is an infill development in a streetscape character that is predominately two to three storeys in height. It is noted that many of the dwellings along the southern side of Palmer Street (i.e. Nos. 9, 5, 3, 1 Palmer Street) are of a 3 storey scale when viewed from the street and the slope of the subject site reduces the presence of the built form compared with surrounding buildings.

·      As indicated in relevant assessment sections below the proposal has reasonable impacts on adjoining and surrounding properties in that it will preserve the privacy and solar light access for neighbouring residents. For detailed assessment of these issues, refer to the relevant sections below.

·      The relevant objective and performance requirement of the control for floor space ratio have been achieved and the proposed bulk and scale will not be inconsistent with the existing built form of surrounding properties in Palmer Street relative to the size of the subject site. Beyond these immediate adjoining properties, and having regard to the nature of existing development in surrounding streets and the locality, numerous examples of substantial contemporary dwellings exist such that the proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development. It is therefore considered that the development will satisfy the overall objectives and performance requirements of the DCP with regards to floor space ratio. 

·      The exterior of the building has been well articulated with appropriate use of terraced and balcony areas, creating indentations and open areas which serve to modulate walls and articulate the building envelope will ensure its building bulk is compatible with surrounding dwellings. The proposed level of finish along with the distribution of massing and façade articulation will enhance the streetscape.

·      The proposed built form is appropriately articulated by staggered wall planes, window openings, balconies and a combination of compatible modern finishes. The façade treatment will effectively minimise the visual bulk of the building and create visual interest. The proposed roof form will also contribute to minimising the overall building height and shadow impacts on the neighbouring dwellings. 

·      The proposal exceeds the DCP preferred solution for landscaped areas. A specific condition is recommended to require adequate planting in the unbuilt upon areas of the site to create a suitable landscape ambience to the development.

·      This section of Palmer Street is predominantly characterised by two- and three-storey detached dwellings, where the lowest level accommodates parking facility with minimal setback from the property alignment with the upper habitable storeys stepped in to provide an open terrace above the garage. The dwellings do not exhibit any prevailing architectural style. There is a mixture of more traditional hipped and pitched roofed houses interspersed with modern rectilinear shaped dwellings. The buildings, however, sequentially step down the street in response to the topography of the local landform.

 

The subject site occupies the northern side of Palmer Street and is not prominently visible. As illustrated in the figures below, the scale of the proposed dwelling adopts a 2 storey scale when viewed from Palmer Street and responds to the topography of the street (sloping toward the east to Bunya Parade) by achieving a stepping down in height when compared to No. 4 Palmer Street. 

 

Streetscape elevation of the proposed development.

Nos. 7, 9 and 11 Palmer Street to the south of the subject site.

Nos. 8 and 10 Close Street to the west of the subject site.

Nos. 14, 16 and 18 Close Street to the west of the subject site.

Nos. 12 and 14 Palmer Street to the east of the subject site.

Nos. 1 and 3 Palmer Street to the south of the subject site.

No. 5 Palmer Street to the south of the subject site.

 

Height, Form & Materials

 

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 5.5m – 6.5m. Complies.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Not applicable.

S3

Cut or fill does not exceed 1m.

The site has already been modified to accommodate the existing dwelling. The application seeks to carry out minor excavation to a depth of 1.5m to create a portion of sub-floor area. The application has been referred to Council’s Development Engineer for review. It is considered that the proposal will not adversely affect the local drainage pattern and use of the land, subject to the recommended stormwater management conditions. Standard conditions are also recommended to ensure that appropriate soil retention and erosion control measures are undertaken during works on the site.

 

Subject to the above conditions, the proposed development is considered to be satisfactory in this regard.

S3

No excavation within 900mm of a side boundary.

The lower ground/ground level section to the rear of the site has a side setback of 250mm from the western side boundary. However, this portion of the dwelling is existing and will not be altered/require additional excavation as a result of the subject proposal. The new structures proposed for the site are set at least 900mm from the site’s side boundaries.

 

S3

No excavation within 4m of a rear boundary.

The existing single storey rear section of the dwelling is set back 4.8m from the rear of the site. Complies.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

The entire southern (street facing) elevation of the proposed dwelling is 9m from the southern (front) boundary at first floor level. Complies.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

Not applicable.

 

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

Building Setbacks

 

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 7m from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

No part of the building is closer than 4.5m from rear boundary.

The existing single storey rear section of the dwelling is set back 4.8m from the rear of the site. Complies.

S3

Side setbacks be 900mm for any part of the building at ground level.

The proposed development has been afforded with the following side setbacks at ground/lower ground level: -

East – min 1.8m (entry level (guest bedroom etc)

West – min 0.9m (garage and ground floor bedroom etc)

The existing lower ground/ground level section which is to be retained to the rear of the site has a side setback of 250mm from the western side boundary.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1.8m from the eastern side boundary and 2.97m from the western side boundary at the second floor. Due to the topography of the site, the western elevation of the dwelling generally adopts a double storey scale. Refer to the section below for detailed discussion.

S3

Side setbacks be 3.0m at third floor level.

The top floor of the dwelling has been provided with side setback of 2.97m from the western side boundary and 5.92m from the eastern side boundary. Satisfactory.

 

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

The second floor level (seen as first floor level from the street) is setback 2.97m from the western side boundary and 5.92m from the eastern side boundary. A satisfactory level of spatial separation will be retained between the subject and adjoining buildings.

 

The strict adherence to the preferred solution, in this instance, will adversely affect the proposed architectural form without resulting in significant improvement to the amenity of the neighbouring dwellings. The proposed setbacks result in a dwelling of a reasonably modest scale when viewed from the street. 

 

As will be discussed in the above and following sections, the proposal will not generate detrimental privacy or shadow impacts on the adjoining properties. The development is considered satisfactory given its compliance with the relevant objectives and performance requirements of the DCP.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

The proposal includes openings to the street, rear, eastern and western elevations. 

Although the main living/dining area is proposed to be at the top floor of the dwelling, no west facing windows or openings have been included at the upper floor at the top floor. One street facing bathroom window is included at the top floor and the majority of major openings have been proposed for the northern and eastern sides of the living area, adjacent to the outdoor terrace/pool area which wraps around the northern and western side of the top floor.

East facing openings at the ground floor (which due to the slope of the site is elevated at a first floor level) are not anticipated to result in any adverse overlooking impacts for No. 8 Palmer Street as W02 and W03 which service a bedroom and bathroom, both of which are not considered to be high intensity usage areas. Windows W04 through to W08 are glass block viewing windows below the waterline of the top floor pool and are not associated with a habitable area. 

Door 19 services the ground floor master bedroom (which is elevated at a first floor level due to the slope of the site and the existing undercroft area to the rear of the dwelling). Door 15 services a north facing media room also at ground floor but elevated above the ground level as the site slopes toward the area. These doors open to an L shaped balcony at the rear of the property. The portion of the balcony adjacent to the bedroom has a depth of only 1.2m whilst the section adjacent to the media room has a depth of 2.2m – 3.6m.

Whilst these openings overlook the northern and eastern adjacent sites, it is noted that there is an existing north facing terrace in this location already capable of looking into surrounding properties and overlooking impacts are not going to be exacerbated by the proposed development (refer to figure below). Further, bedrooms are considered to be areas of low intensity usage and it is not anticipated that these openings will result in an unacceptable degree of overlooking to the adjoining dwellings.

 

 

 

Existing north facing terrace and large windows to master bedroom shown at an elevated level on the upper right hand corner.

Openings at the lower levels are screened by existing boundary fencing and most windows are adequately offset and sufficiently protect the privacy of adjacent properties.

Overall, the location and design of proposed windows to the dwelling are sympathetic to the privacy needs of adjoining dwellings and satisfactorily address the relevant objectives and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.

S1

Direct view into open space of an adjoining dwelling is obscured or screened within 9m and is beyond a 45 degree angle.

Refer to discussion below for detailed assessment or privacy impacts from proposed balcony and terrace areas.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

Not applicable.

S3

Buildings comply with AS 371 and AS 2107.

The proposal has incorporated appropriate materials to minimize adverse acoustic impacts on the adjoining properties. Appropriate conditions have been imposed to ensure compliance with BCA provisions.

 

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

A number of submissions have been received from neighbouring properties with regard to the location and arrangement of the proposed first floor pool and terraces. Concerns were raised in relation to the implications of the proposal on the visual and acoustic privacy of surrounding sites. 

It should also be noted that, with regard to overlooking from the proposed north facing first floor and ground floor (elevated) terrace areas, that that open decks, terraces and balconies are evident to a number of properties located in this section of Palmer Street (as well as on surrounding streets). These deck and terraces are generally unscreened (see images below) and are located to take advantage of district and ocean views to the north and east toward Coogee Bay and Wedding Cake Island. In this regard, a certain level of mutual overlooking is evident and expected in the area.  As such, the proposed development adopts a similar arrangement that already characterises the area. Any requirements for privacy screening would exacerbate potential view loss issues for surrounding sites. The proposed arrangement of open space and terrace areas are considered to be acceptable in this instance. 

 

View into the rear yards of surrounding properties from the first floor deck and rear living area of No. 4 Palmer Street.

 

View (to the east) from the existing elevated ground floor terrace at the rear of the subject site.

 

View (to the north/north west) from the existing elevated ground floor terrace at the rear of the subject site.

 

The proposed pool and associated terrace areas have been provided with a 1m wide planter box along the entire eastern edge of the top floor. Further, the amended plans indicate the replacement of the BBQ area (initially proposed for the south eastern corner of the terrace) with a non trafficable herb garden and the relocation of the BBQ to the area adjacent to the eastern wall of the top floor.

 

Access to the eastern portion of the upper floor terrace would be limited as pool fences must be installed (extending from the north eastern corner of the first floor living room, perpendicular to the rear elevation). Further, the pool itself has an extended coping along the eastern side and does not allow for an occupant to stand at terrace level and overlook into the adjoining site.

 

The balcony associated with the proposed master bedroom is in excess of 9m from the western elevation of No. 8 Palmer Street and has a depth of only 1.2m. Further, bedrooms are considered to be areas of low intensity usage and it is not anticipated that these openings will result in an unacceptable degree of overlooking to the adjoining dwellings.

The proposed north facing media room at the ground floor (but elevated above the ground level as the site slopes toward the area) leads to an L shaped balcony at the rear of the property with a depth of 2.2m – 3.6m. There is an existing north facing terrace in this location already capable of looking into surrounding properties and overlooking impacts are not going to be exacerbated by the proposed development (refer to tables above for photos).    

 

In light of the above, it is considered that the application, as amended, adequately addresses concerns of overlooking toward the neighbouring dwelling at No. 8 Palmer Street.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

Dwellings have at least one habitable room window overlooking the street.

The proposed dwelling has windows that overlook the street. Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

Suitable condition included.

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The proposed dwelling has parking for 2 cars. Complies.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The dimensions of the parking spaces are 5.4m x.6m. Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

The proposed driveway is 5.7m wide and is set back 0.5m – 0.9m from the side boundary. Does not comply, see assessment below.

S1

Driveways have a maximum width of 3m at the property boundary.

The proposed driveway is 5.7m at the front boundary. Does not comply, see assessment below.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

The proposed driveway gradient is less than 1 in 8. Complies.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

The proposed garage is located behind the building line. Complies.

S2

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

The proposed garage occupies about 35%. Complies.

 

The Objectives of the DCP are to ensure on-site parking and driveway facilities are not visually intrusive and do not detract from the local streetscape.

Generally, the parking structure and driveway design is considered to be adequately integrated into the design of the building and does not dominate the southern (street) elevation in terms of bulk and scale. There is adequate opportunity for landscaping to satisfy the relevant objectives of the DCP. The design and location of the proposed garages, as amended, are not obtrusive in the overall scale of the streetscape or inconsistent with parking structures in the vicinity. The areas occupied by the access driveway are considered to be satisfactory and will not result in unacceptable visual impacts.

The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds. Suitable conditions have been included in this report.

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

 

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

 

Not applicable.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

The application does not include details of any proposed front/boundary fencing. A suitable condition has been included to address the future provision fencing for the site.

 

Generally, the Objectives and Performance Requirements for fences in the DCP are to ensure that front fencing is integrated with the streetscape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

 

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

The proposed external finishes schedule shall be amended (to incorporate more neutral tones) to minimise the reflectivity of the building upon surrounding environment. Conditioned to comply.

 

P3

Stepped buildings on sloping sites are articulated.

Appropriate level of articulation.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Sufficient setbacks to allow for reasonable sharing of views – refer to view impact assessment section below for detailed discussion.

P5

Ancillary structures do not detract from the appearance of developments.

 

Not applicable.

 


Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

SEPP: BASIX applies to the proposed development and the application is accompanied with a BASIX Certificate. The provisions of the certificate indicate that compliance with the current targets set for energy and water conservation have been met by the development. Standard conditions requiring compliance with the commitments stated in the certificate have been included in the “Schedule of Conditions” section of this report. 

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

 

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

 

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

 

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

 

 

9.2      View Impact Assessment

 

The proposed development has implications on the views currently obtained from the following properties and submissions from the owners have been received:

 

·      1 Palmer Street

·      2 Palmer Street

·      3 Palmer Street

·      4 Palmer Street

·      5 Palmer Street

·      7 Close Street

·      11 Close Street

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case, Tenacity v Warringah Council (2004).

 

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

 

It is noted that the height poles shown in some of the images below are installed at the highest sections of the proposed dwelling (north eastern and south eastern corners as shown in the diagram below). The red dots denote the location of the height poles. In the photos below, the height poles have also been shown in red. 

 


 



No. 1 Palmer Street

Ground floor living room and terrace area

1. Views from inside the living room 

2. Views from street facing terrace (ground floor with height poles) 

Current views

At present, the north (street facing) portion of the dwelling enjoys views to Wedding Cake Island over the subject site and other dwellings to the north across the street. The Clovelly Bay headlands and horizon are also visible from the terrace. Views down Palmer Street toward Bunya Parade are also visible toward the east from the side of the terrace. The views are available at both standing and sitting positions.

Anticipated view loss

The height poles shown in figure 2 are representative of the expected impacts.

It is anticipated that up to approximately 20% of Wedding Cake Island will be obscured following the proposed development, with the majority of the island and ocean/horizon views to be maintained.

 

Where a person deliberately leans out toward the eastern section of the living room/terrace, the view loss would be reduced to approximately 10% of Wedding Cake Island or less, depending on the height of the person.

First floor street facing bedroom and terrace

3. Views captured from first floor terrace

4. Views captured from first floor bedroom

Current views

At present, the north (street facing) portion of the dwelling enjoys views to Wedding Cake Island over the subject site and other dwellings to the north across the street. The Clovelly Bay headlands and horizon are also visible from the terrace. Views down Palmer Street toward Bunya Parade are also visible toward the east from the side of the terrace. The above elements are captured at both standing and sitting positions.

Anticipated view loss

The proposed development is situated at a more downhill location and none of the iconic and scenic elements in the views will be affected.

 

 

 


No. 2 Palmer Street

Ground floor rear (north facing sunroom and deck)

1. Ground floor deck (single storey element of the subject dwelling shown in middle with red face brick and white colour bond roof).

2. View from inside ground floor sunroom

Current views

The ground floor sunroom and deck currently obtains restricted views of the horizon with partial water views which are punctuated by existing buildings and vegetation. The above elements can be captured at both standing and sitting positions.

Anticipated view loss

The proposed development is situated at a more downhill location. As shown in figure 1 above, the existing rear section of the subject dwelling (containing the main bedroom) is not proposed to be built upon. The bulk of the new building will not be highly visible from this location. As such, the existing views are unlikely to be affected.

First floor rear (north) facing living area and deck

3. Views captured from first floor living area

4. Views captured from first floor deck

Current views

The upper floor living area and associated deck enjoys northerly and easterly views over existing dwellings toward the north and east. The Clovelly Bay headlands, Wedding Cake Island and horizon are also visible from the deck. Views of the horizon toward the east contain the horizon with partial water views which are punctuated by existing buildings and vegetation

Anticipated view loss

Northerly views are unaffected by the proposal as the subject site is due east of No. 2 Palmer Street. As shown in figure 1 above, the existing rear section of the subject dwelling (containing the main bedroom in red face brick with white flat roof in the middle of the photo) is not proposed to be built upon. The bulk of the new building will not be highly visible from this location. As such, the existing views will remained largely unaffected with all iconic views retained.

 


No. 3 Palmer Street

Ground and first floor street (north) living areas and terraces

1. Ground floor living room window (subject site shown on left)

2. First floor living area and terrace looking toward the north

Current views

The ground floor living room windows are currently able to obtain restricted views of the horizon with partial water views which are punctuated by existing buildings and vegetation. Partial view of wedding cake island is available in the north easterly direction. The above elements can be captured at both standing and sitting positions.

 

 

 

 

 

 

 

 


No. 4 Palmer Street

First floor bedroom (north and east facing) doors, deck and window


 

1. View from the first floor east facing bedroom window over the side boundary of the subject site with height pole shown to be approximately the same height as the white building further to the east.

2. Panoramic views toward the west, north, north east from the upper floor rear deck.

3. Easterly views over the rear portion of the subject site are significantly restricted due to established vegetation and existing built elements. The highest (north eastern corner of the proposed dwelling is indicated by the height pole as being in between the 2 tallest palm trees in the distance.

 

Current views

The top floor bedroom and associated deck enjoys northerly north easterly views over existing dwellings toward the north and east. The Clovelly Bay headlands, Wedding Cake Island and horizon are also visible from the deck. Views of the horizon toward the east contain the horizon with partial water views which are punctuated by existing buildings and vegetation. The above elements are captured at both standing and sitting positions.

 

Anticipated view loss

Northerly views are unaffected by the proposal as the subject site is due east of No. 4 Palmer Street as shown in figures 2 and 3 above. As such, the existing views will remained largely unaffected with all iconic views retained.

 

The current partial horizon/ocean view obtained over the side boundary is likely to be obscured. 

 

1. View toward the east from a ground floor living room window.

 

Current views

A small portion of restricted horizon/water view from the ground floor east facing living room window is available over the side boundary of the subject site. The height pole indicates the south eastern corner of the proposed first floor. The above elements are captured at both standing and sitting positions. This can be viewed at both standing and sitting positions.

 

Anticipated view loss

The current partial horizon/ocean view obtained over the side boundary is likely to be obscured. 

Ground floor rear (east facing) living area

1. View from ground floor rear facing living area (single storey element of the subject dwelling shown on right hand side with red face brick and white colour bond roof).

 

Current views

Highly restricted horizon/water views are available from this part of No. 4 Palmer Street toward the north east. The height pole indicates a small increase in height of the existing roof (450mm from RL28.92 to RL29.38). This view is captured at standing level only.

 

Anticipated view loss

The current partial horizon/ocean view obtained over the side boundary is likely to be obscured.

 


No. 5 Palmer Street

Ground floor street (north) facing living area and terrace

1. Views from street facing terrace (ground floor with height poles) 

 

Current views

Highly restricted horizon/water views area available from this part of No. 5 Palmer Street toward the north. However, slightly to the east (shown on right hand side of the photo), a partial view of Wedding Cake island is available. This will remain visible following the construction of the proposal. This view can be captured at both standing and sitting levels.

 

Anticipated view loss

The current horizon/ocean view obtained over the subject site is likely to be partially obscured. However, Wedding Cake Island and the distant Clovelly Bay Headlands will remain unaffected.

First floor street (north) facing bedroom(s) and terrace  

2. View from first floor bedroom(s)

3. View from first floor terrace

Current views

At present, the north (street facing) portion of the dwelling enjoys views to Wedding Cake Island over the subject site and other dwellings to the north across the street. The Clovelly Bay headlands and horizon are also visible from the terrace. Views down Palmer Street toward Bunya Parade are also visible toward the east from the side of the terrace. The above elements are captured at both standing and sitting positions.

 

Anticipated view loss

The proposed development is situated at a more downhill location and none of the iconic and scenic elements in the views will be affected.

 

 

 

 

 

 


No. 7 Close Street

Ground floor bedroom (east) 

1. View from ground floor east facing bedroom.

 

Ground floor east facing kitchen/lounge and small landing

2. View from east facing ground floor kitchen and living area.

 

3. View from east facing ground floor kitchen and living area.

 

4. View from east facing elevated ground floor landing

 

Current views

The ground floor areas of No. 7 Close Street currently obtain restricted views of the horizon with partial water views which are punctuated by existing buildings and vegetation. The above elements can be captured at standing only for the bedroom and both standing and sitting at the lounge/kitchen area. 

 

Anticipated view loss

As shown in the photos above, the existing rear section of the subject dwelling (containing the main bedroom shown in red face brick with white flat roof) is not proposed to be built upon. The bulk of the new building will be in a due easterly direction when viewed from this property. Whilst a small portion of the water line immediately above the roof area of the existing single storey section of the subject dwelling will be obscured, the majority of the existing water view (shown on left) will remain unimpeded. 


No. 11 Close Street

Ground floor street (north) facing living area and terrace

1. Views from street facing terrace (ground floor without height poles) 

 

2. Views from street facing terrace (ground floor with height poles) 

 

 

3. View from street facing living room window at ground floor 

 

Current views

No. 11 Close Street currently enjoys a distant band of horizon/water views from the ground floor (elevated) deck facing north. This view can be captured at both standing and sitting levels.

 

Anticipated view loss

As demonstrated in figure 2 above (with height poles), the proposal is likely to result in a moderate loss of this view (approximately 40%).

First floor street (north) facing bedroom and terrace  

1. View from first floor terrace

 

2. View from first floor bedroom

 

Current views

At present, the north (street facing) portion of the dwelling enjoys views to Wedding Cake Island over the subject site and other dwellings to the north across the street. The Clovelly Bay headlands and horizon are also visible from the terrace. Views down Palmer Street toward Bunya Parade are also visible toward the east from the side of the terrace. The above elements are captured at both standing and sitting positions.

 

Anticipated view loss

The proposed development is situated at a more downhill location and none of the iconic and scenic elements in the views will be affected.

 

Step 2: The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.”

 

Property address

Area where view is obtained 

Is the view obtained from standing/sitting position 

View to be affected

1 Palmer Street

Ground floor living room and terrace area

Standing and sitting over the front boundary

Partial land/ocean views and wedding cake island

First floor bedroom and terrace area

Standing and sitting over the front boundary

Partial land/ocean views and wedding cake island

2 Palmer Street

Rear ground floor sunroom

Standing and sitting over the side boundary

Partial ocean views

Rear ground floor deck

Standing and sitting toward the north and over the side boundary of the subject site

Partial ocean views

First floor rear living area and deck

Standing and sitting toward the north and over the side boundary of the subject site

Full views of the ocean, the horizon line, the whole Wedding Cake Island and Clovelly Bay headlands.

3 Palmer Street

First floor street facing living area

Standing and sitting over the front boundary

Partial land/ocean views and wedding cake island

Second floor street facing lounge and balcony

Standing and sitting over the front boundary

Full views of the ocean, the horizon line, the whole Wedding Cake Island and Clovelly Bay headlands.

4 Palmer Street

First floor bedroom (side and rear view) from windows and associated rear deck

Standing and sitting north and over the side boundary of the subject site

Restricted water views to the side over the subject site and full views of the ocean, the horizon line, the whole Wedding Cake Island and Clovelly Bay headlands to the rear.

Ground floor living room

Standing and sitting over the side boundary

Restricted water views

Rear ground floor living area  

Standing north and over the side boundary of the subject site

Restricted water views and wedding cake island between 2 existing dwellings to the north

5 Palmer Street

First floor street facing living areas and associated balcony

Standing and sitting over the front boundary

Partial view of the ocean, the horizon line, and Clovelly Bay headlands.

Second floor street facing bedrooms

Standing and sitting over the front boundary

Full views of the ocean, the horizon line, the whole Wedding Cake Island and Clovelly Bay headlands.

7 Close Street

Ground floor east facing bedroom

Standing over the side boundary of the subject site

Restricted water views

Ground floor east facing kitchen and lounge

Standing and sitting over the side boundary of the subject site

Restricted water views

11 Close Street

Ground floor street facing living room and associated deck

Standing and sitting over the front boundary

Restricted water views

First floor street facing bedroom and associated deck

Standing and sitting over the front boundary

Full views of the ocean, the horizon line, the whole Wedding Cake Island and Clovelly Bay headlands.

 

Step 3: The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

1 Palmer Street

Ground floor living room and terrace area

It is anticipated that up to approximately 20% of Wedding Cake Island will be obscured following the proposed development, with the majority of the island and ocean/horizon views to be maintained.

 

Where a person deliberately leans out toward the eastern section of the living room/terrace, the view loss would be reduced to approximately 10% of Wedding Cake Island or less, depending on the height of the person.

Degree of impact: minor

First floor bedroom and terrace area

The proposed development is situated at a more downhill location and none of the iconic and scenic elements in the views will be affected.

Degree of impact: negligible

2 Palmer Street

Rear ground floor sunroom

The proposed development is situated at a more downhill location. The existing rear section of the subject dwelling (containing the main bedroom) is not proposed to be built upon. The bulk of the new building will not be highly visible from this location. A large section of potential outlook toward the east is already obscured by the dwelling at No. 4 Palmer Street to the east. No iconic views are to be impacted.

 Degree of impact: negligible

Rear ground floor deck

As above.

First floor rear living area and deck

The whole Wedding Cake Island and majority of Clovelly Bay headlands and water/horizon view will continue to be visible.

Degree of impact: negligible

3 Palmer Street

Ground floor street facing living area

The ground floor living room windows are currently able to obtain restricted views of the horizon with partial water views which are punctuated by existing buildings and vegetation. Partial view of wedding cake island is available in the north easterly direction.

 

Given the angle of views at the ground floor toward wedding cake island and the proposal’s more downhill location, only a small section of the water will be obscured and all iconic views will be retained.

 

Degree of impact: minor

First street facing lounge and balcony

The whole Wedding Cake Island and majority of Clovelly Bay headlands and water/horizon view will continue to be visible.

Degree of impact: negligible

4 Palmer Street

 

First floor bedroom (rear view) from windows and associated rear deck

The whole Wedding Cake Island and majority of Clovelly Bay headlands and water/horizon view will continue to be visible.

Degree of impact: negligible

First floor bedroom (side view) from bedroom window

The existing small portion of the water elements will be obscured. No iconic views are to be impacted.

Degree of impact: severe

Ground floor living room view (front of the dwelling) over the side boundary.

The existing small portion of the water elements viewed between the dwellings on either side of Palmer Street will be partially obscured. No iconic views are to be impacted.

Degree of impact: moderate

Rear ground floor living area  

Highly restricted horizon/water views area available from this part of No. 4 Palmer Street toward the north east. The height pole indicates a small increase in height of the existing roof (450mm from RL28.92 to RL29.38). No iconic views are to be impacted. The existing small portion of water view will be obscured.

Degree of impact: severe

5 Palmer Street

 

First floor street facing living areas and associated balcony

The current horizon/ocean view obtained over the subject site is likely to be partially obscured. However, Wedding Cake Island and the distant Clovelly Bay Headlands will remain unaffected.

Degree of impact: negligible

Second floor street facing bedrooms

The whole Wedding Cake Island and majority of Clovelly Bay headlands and water/horizon view will continue to be visible.

Degree of impact: negligible

7 Close Street

 

Ground floor east facing bedroom

The existing water/horizon outlook over the side boundary of the subject site is expected to be partially obscured. All views toward the north/north east remain unimpeded and there will be no impacts to iconic views.

Degree of impact: moderate

Ground floor east facing kitchen and lounge

The existing restricted views of the horizon with partial water views which are punctuated by existing buildings and vegetation are expected to be retained as the bulk of the new building will be in a due easterly direction when viewed from this property. Whilst a small portion of the water line immediately above the roof area of the existing single storey section of the subject dwelling will be obscured, the majority of the existing water view will remain unimpeded and there will be no impacts to iconic views.

Degree of impact: minor

 

11 Close Street

 

Ground floor street facing living room and associated deck

No. 11 Close Street currently enjoys a distant band of horizon/water views from the ground floor (elevated) deck facing north. The proposal is likely to result in a moderate loss of this view (approximately 40%). No iconic views are to be impacted.

Degree of impact: moderate

First floor street facing bedroom and associated deck

The whole Wedding Cake Island and majority of Clovelly Bay headlands and water/horizon view will continue to be visible.

Degree of impact: negligible

Note: Although the extent of view impact caused by the proposed development is considered to be acceptable within the circumstances of the site and surrounds, it is considered appropriate that an additional condition be imposed to reduce the eastern side roof overhang to a maximum of 450mm to minimise any unnecessary visual bulk and resultant impacts on existing views obtained from dwellings on the southern side of Palmer Street. This condition has been included within the recommendations section of the report.

 

Step 4: The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

·      1 Palmer Street

·      3 Palmer Street

·      5 Palmer Street

·      11 Close Street

 

The views are presently obtained from the north-facing rooms of these dwellings, which by virtue of the topography of the street are elevated above the subject site and generally feature ground floor garages/elevated ground floor terraces with living areas and bedrooms above. These areas are expected to be intensively utilised living space for the occupants.

 

These dwellings generally enjoy views over the subject site and other dwellings to the north across the street. The views include the Clovelly Bay Headlands, Wedding Cake Island, horizon views and water elements. Views down Palmer Street toward Bunya Parade are also visible toward the east from these dwellings.

 

At the upper floors, there will be no discernable impact to any iconic views toward the north.

 

The main living rooms and bedrooms at the elevated first and second floor levels will continue to capture whole or majority views of Wedding Cake Island where available and the more distant Clovelly Bay headlands and their interface with the water. The wide horizon and ocean views will be retained. Only partial view obstruction to some land and water elements will occur. There will be minimal impact to the quality of the views obtained from the living rooms and outdoor recreation terraces.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on these properties.

 

Furthermore, a specific condition is recommended to require the reduction of the roof overhand along the eastern section of the top floor of the proposed dwelling to assist in reducing some of the impact to views across Palmer Street.

 

·      2 Palmer Street

 

The ground floor sunroom and deck currently obtains restricted views of the horizon with partial water views which are punctuated by existing buildings and vegetation. A large section of potential outlook toward the east is already obscured by the dwelling at No. 4 Palmer Street to the east. The restricted view (which does not include any iconic elements) over a side boundary, by virtue of the heads of consideration under the planning principle, is considered difficult to protect.

 

The upper floor living area and associated deck enjoys panoramic northerly and easterly views over existing dwellings toward the north and east. The Clovelly Bay headlands, Wedding Cake Island and horizon are also visible from the deck. Views of the horizon toward the east contain the horizon with partial water views which are punctuated by existing buildings and vegetation. This view will not be affected by the proposal.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on these properties.

 

·      4 Palmer Street

 

The dwelling will continue to enjoy panoramic views of the ocean, the whole of Wedding Cake Island and the Clovelly Bay headlands from the upper floor bedroom and deck toward the north.

 

The loss of a small amount of water views and tiny section of sky view at the first and ground floors over the side boundary of the subject site is not considered to constitute a material impact. The views are obtained directly across the side boundaries of the subject site, which by virtue of the planning principle, are much more difficult to protect.

 

Highly restricted horizon/water views are available from the rear ground floor living area toward the north east. This current partial horizon/ocean view obtained over the side boundary is likely to be obscured. Again, this is not considered to constitute a material impact. The views are obtained directly across the side boundaries of the subject site, which by virtue of the planning principle, are much more difficult to protect.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

 

·      7 Close Street

 

Although impacts to the existing views of No. 7 Close Street will be more severe than that of the properties across the street from the subject site, due to its location perpendicular to the subject site, the majority of the more bulky elements of the proposed dwelling will not have any impact upon the outlook from its east facing openings.

 

There will be no impact on the existing iconic views of Wedding Cake Island.

 

The partial water/horizon views do not constitute “whole” views as defined in the planning principle, as the majority of the headlands are already obscured by the existing dwellings to the north and east. The views do not present panoramic or wide outline of the natural landform. Given that the horizon, the overwhelming majority of the water elements as well as the whole Wedding Cake Island cannot be seen, therefore will not be affected, the proposal is considered to have achieved adequate view sharing.

 

Further, the views are obtained directly across the side boundaries of the subject site, which by virtue of the planning principle, are much more difficult to protect. The views most impacted are obtained from the bedroom area, which is less intensely utilised spaces within the dwelling than the main living room and kitchen, which will remain largely unaffected as a result of the proposal.

 

It should be noted that the existing dwelling is single-storey in height and is not considered to have realised the full development potential having regard to the preferred solutions for external wall height and FSR as contained in the DCP – Dwelling Houses and Attached Dual Occupancies. Where this property is altered or redeveloped in the foreseeable future, it could be reasonably anticipated that a first floor level would be constructed, and hence would “recapture” some of the lost views.

 

10.      Conclusion

 

The proposal does not comply with the Preferred Solutions of the DCP – Dwelling Houses and Attached Dual Occupancies with respect to FSR.  This non-compliance has been assessed in the relevant assessment sections above and has been found to be reasonable and acceptable. Notwithstanding the proposal’s deviation from the DCP preferred solutions, the development complies with the other remaining relevant objectives and performance requirements of DCP.

 

The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

The proportions, massing, materials and finishes proposed are considered to be satisfactory. The design carries satisfactory architectural merits and is sympathetic to the existing and intended character of the surrounding foreshore area.

 

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

 

11.      Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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 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.

 

12.      Conclusion

 

The proposal does not meet the Preferred Solutions of the DCP – Dwelling Houses and Attached Dual Occupancies relating to FSR, external wall height and setbacks.  These non-compliances have been assessed in the relevant assessment sections above and have been found to be reasonable and acceptable. Relevant objectives and performance requirements are satisfied.

 

The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties and heritage conservation area in terms of visual bulk and scale, view loss, solar access and privacy.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design carries satisfactory architectural merits and is sympathetic to the surrounding Foreshore Area. 

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/496/2012 for demolition of majority of existing dwelling and carport, construction of part 2/part 3 storey dwelling with double garage, swimming pool and associated works at 6 Palmer Street, SOUTH COOGEE  NSW  2034 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

2/7 Issue B

Domus Homes

May 2012

26 October 2012

3/7 Issue B

October 2012

26 October 2012

4/7 Issue C

March 2013

18 march 2013

5/7 Issue B

May 2012

26 October 2012

6/7 Issue B

May 2012

26 October 2012

7/7 Issue B

May 2012

26 October 2012

 

BASIX Certificate

No.

Dated

Single dwelling

433803S

26 June 2012

 

 

Amendment of Plans & Documentation

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

 

a)       The eastern side roof overhang shall be reduced to a maximum of 450mm to minimise the impacts on existing views obtained from dwellings on the southern side of Palmer Street. Details of compliance are to be included in the construction certificate.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.      

a)   An amended schedule of external colours and finishes shall be to be submitted for the approval of Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

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

 

b)   All materials used within the development shall be treated so as to minimise the impact of reflectivity upon neighbouring sites prior to installation. This may be achieved through powder coating or anodizing treatments.

 

c)   Given the visibility of the proposed south and west elevation, the zinc cladding proposed at first floor level shall be suitably treated for glare prior to installation.

 

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 $1,191.556, the following applicable monetary levy must be paid to Council: $11915.55.

       

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

 

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

 

Long Service Levy Payments

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

 

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

Security Deposit

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

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

 

The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $732.00 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

The height of the building must not be increased to satisfy the required driveway gradients.

    

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Stormwater Drainage

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

 

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

 

12.     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 Council’s kerb and gutter outside the development site.

d)     Details of the design and construction of the stormwater drainage system and sediment site arrestor pit/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.

 

e)     Any rainwater tank overflow/stormwater runoff which cannot be directed to the kerb and gutter at the front of the property (due to topographical constraints), shall be discharged by the use of a pump out system.

 

f)      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,

 

g)     Any pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

h)     Details of the design and construction of the stormwater drainage system, sediment silt arrestor pit/s and pump out pits 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.

 

13.     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. 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.”

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

               

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

 

Street Tree Management

15.     The applicant shall submit a total payment of $415.25 (including GST) being to cover:

 

a.    The cost for Council to remove, stump grind and dispose of the existing street tree, Hibiscus tileaceus (Cottonwood, Tree 9) from the Palmer Street verge, near the western site boundary so as to accommodate the proposed relocated vehicle crossing as shown; and

 

b.    The cost for Council to supply and install 1 x 25 litre street tree of the same species back on the verge, an equal distance between the eastern edge of the crossing and the power pole 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 tree.

 

Tree Protection Measures

16.     In order to ensure retention of the group of five feature species in the rear yard, along the eastern site boundary, between the existing house and rear (northern) boundary, being from south to north, three Archontophoenix alexandrae (Alexander Palms, Tress 6-4), a Plumeria acutifolia (Frangipani, Tree 3), and a Phoenix dactylifrea (Date Palm, Tree 2) in good health as has been shown on the submitted plans, the following measures are to be undertaken:

 

a)     Relevant architectural, building, demolition, engineering (structural, stormwater & drainage, services) and landscape plans submitted for the construction certificate application must show the retention of these five trees, with the position of their trunks and full diameter of the crowns/canopies to be clearly and accurately shown in relation to the proposed works.

 

b)     Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear yard, must be setback a minimum distance of 3.5 metres off their trunks, measured off their outside edge at ground level. If stormwater/drainage lines do need to be installed along the eastern side setback, they must be located as close as practically possible to the proposed patio/dwelling so as to minimise root damage

 

c)     This group of five trees/palms must be physically protected as one group by installing a row of evenly spaced star pickets that shall be installed hard up against the trunks of Trees 4-6 (so as to maintain the eastern side access), then step out to a setback of 1.5 metres off the trunks of Trees 2 & 3, extending 1.5m to the north of Tree 2, and matching up with the eastern site boundary, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached, so as to completely exclude this group 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)     Ground levels within this TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and must remain as undisturbed, deep soil.

 

f)      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.

 

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

 

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

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, 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

18.     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

19.     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

20.     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

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

The report (including photographs) 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

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·            Details of hazardous materials (including asbestos)

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

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

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

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

·            Other relevant details, measures and requirements to be implemented

·            Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Demolition & Construction Waste Plan

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

 

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

 

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

 

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

 

Demolition & Construction Waste

27.     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

28.     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.

 

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

 

29.     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

30.     Prior to the commencement of site works, the PCA must ensure that the Landscape Concept Plan by Formed Gardens, dwg no.001, job no. FG 12 157, revision B, dated 25.6.12 is amended to include the following requirement:

 

a)  1 x 100 litre (pot/bag size at the time of planting) native feature tree (not a palm) being provided within the front setback, in the area of deep soil to the east of the driveway, selecting a species which will achieve a minimum height at maturity of between 4-7m, in place of the Canary Island Date Palm which needs to be removed.

 

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

31.     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

32.     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

33.     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

34.     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

35.     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

36.     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

37.     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

38.     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.

 

39.     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.

 

40.     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

41.     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

42.     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

43.     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

44.     Approval is granted for removal of the following vegetation from within the site, subject to full implementation of the approved landscaping:

 

a)  The Phoenix canariensis (Canary Island Date Palm, Tree 7), within the front yard, along the eastern site boundary, close to the southern edge of the existing awning, as despite being shown for retention on the plans, is regarded as an environmental weed due to the ability of its seeds to be spread by birds and invade native bushland, with its sharp and poisonous spines along both sides of its fronds making it unsuitable for residential situations, so must be removed as part of the works;

 

b)  The semi-mature Livistona australis (Cabbage Palm, Tree 10) within front setback, along the western boundary, as it is exempt from Council’s Tree Preservation Order (TPO) due to its location within 2m of the entry area of the existing house, and is also in direct conflict with the works associated with the new dwelling as shown;

 

c)  The single Syagrus romanzoffianum (Cocos Palm, Tree 1) to the northwest of this group, on the northern boundary, as it is an exempt species under Council’s TPO due to its low landscape and amenity value, and can be replaced with the evergreen screening hedge (2-3m mature height) as has been shown.

 

Pruning of neighbours tree

45.     Permission is granted for the minimal and selective pruning of only those lower growing branches from the western aspect of the Plumeria acutifolia (Frangipani, Tree 8), which is growing beyond the southeast corner of the site, within the front yard of the adjoining property at no.8, only where they overhang the common boundary and need to be pruned in order to avoid damage to the tree; or; interference with the works.

 

46.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

47.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

Site Amenities

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

Occupation Certificate Requirements

49.     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

50.     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

51.     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

52.     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

53.     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

 

a)     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

                 

b)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

c)     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

54.     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

55.     The owner/developer must meet the full cost for Council or a Council approved contractor to:

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

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

c)  Reconstruct the concrete footpath along the full site frontage, where required by Council, TO IMPROVE GRADES OF THE Council footpath.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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 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.

 

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

 

Stormwater Drainage

59.     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.

 

Landscaping

60.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Concept Plan by Formed Gardens, dwg no.001, job no. FG 12 157, revision B, dated 25.6.12, and relevant conditions of consent, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

61.     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

62.     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

63.     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

64.     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

65.     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

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

 

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

 

Swimming/Spa Pools

67.     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

68.     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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

A10     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                                                                                                 14 May 2013

 

 

Development Application Report No. D34/13

 

 

Subject:                  189 Fitzgerald Avenue, Maroubra (DA/462/2012)

Folder No:                   DA/462/2012

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of the existing dwelling and construction of a 3-storey residential flat building comprising 8 units, basement car parking for 7 vehicles, landscaping and associated works (SEPP1 Objections to external wall height & FSR standards)

Ward:                      Central Ward

Applicant:                    Level Orange

Owner:                         Robertson Gray Developments Pty. Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee Meeting for determination as it contains variation to the FSR and external wall height development standards by more than 10%.

 

The application was advertised and notified from 1 to 15 August 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans. The application was re-notified from 8 to 29 November 2012 following the receipt of amended plans. A total of nine (9) submissions were received at the conclusion of the public consultation processes. The issues raised in the submissions are primarily related to streetscape, floor area, height, bulk and scale, privacy, overshadowing, traffic and parking generation, vehicular access arrangement, road safety, street trees removal, structural damage to adjoining buildings and property devaluation.

 

A further set of revised drawings was submitted in April 2013 following discussions with Council’s assessment officer.

 

The site is zoned Residential 2B under RLEP 1998 (Consolidation). The proposal is considered to be consistent with the zoning objectives in that it will deliver multi-unit housing, which is compatible with the desired character for the locality.

 

The proposed development has an FSR of 0.81:1, which exceeds the LEP standard of 0.65:1 by 0.16:1. The proposed external wall height amounts to 9.5m and exceeds the development standard by 2.5m.

 

The proposed development presents a built form that contains two full storeys plus an attic level on top. The loft level is finished with metal claddings and incorporates a low profile skillion roof. The loft storey would appear as light weight structures above a more solid masonry mass. Accordingly, the overall proportions and massing would not dominate the prevailing residential character of the locality, despite the non-compliance with the external wall height control.

 

The proposed design is contemporary and modern. The facades are articulated through various architectural elements, including balconies, windows, sun hoods, screens and juxtaposition of contrasting finishes and materials, which will divide the wall planes and building mass. The proposed development would not create a monolithic visual mass that detracts from the existing streetscape character.

 

The proposal will not result in unreasonable amenity impacts upon the adjoining properties in terms of overshadowing, privacy and visual bulk and scale.

 

The submitted SEPP 1 Objections in relation to the non-compliance with the FSR and external wall height standards have been reviewed and are considered to be well founded.

 

The Randwick Multi-Unit Housing DCP specifies detailed built form, setbacks and amenity controls for residential flat buildings. The proposed building height, setbacks, landscaped open space provision, façade treatment, privacy protection measures and solar access of the development are considered to be satisfactory.

 

The proposal involves a shortfall in parking provision of 3 spaces. However, the development has already maximised off-street parking provision due to constraints of the site configuration and location of the sewer lines. The surrounding area has sufficient kerb side parking to cater for any overflowed parking demand. The site is also located within reasonable distance from public transport services on Anzac Parade.

 

The proposal satisfies the matters for consideration under Section 79C of the EP&A Act, and is recommended for approval, subject to conditions.

 

2.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of the existing structures on the site.

·      Construction of a 3-storey residential flat building comprising 8 dwelling units and basement car parking for 7 vehicles.

·      General landscape works.

 

Dwelling mix:

·      4 x studio units

·      3 x 1-bedroom units

·      1 x 3-bedroom unit

 

The owner has clarified in his email dated 28 February 2013 that approval for Strata subdivision is not being sought in the current application.

 

3.      State Environmental Planning Policy No. 1 Development Standards

 

The proposal seeks to vary development standards contained within RLEP 1998 (Consolidation). SEPP 1 Objections have been submitted to Council.

 

(i)     Floor space ratio

Pursuant to Clause 20F(1) of RLEP 1998 (Consolidation), the maximum FSR for buildings, other than buildings erected for the purpose of a dwelling house, within Zone 2B is 0.65:1 or 357.2m2 GFA. The proposal has an FSR of 0.81:1 or 445.6m2 GFA, and exceeds the development standard by 0.16:1 or 88.4m2. The proposal entails a variation to the standard by 24.7%.

 

The proposed variation is summarised in the table below:

 

Floor space ratio (FSR)

Gross floor area (GFA)

Proposed FSR / GFA

0.81:1

445.6m2

Permissible FSR /  GFA

0.65:1

357.2m2

FSR / GFA in excess of LEP standard

0.16:1

88.4m2

 

(ii)    External wall heights

Clause 20G(3) specifies a maximum external wall height of 7m in Residential 2B Zone. The proposed external wall height amounts to 9.5m, and exceeds the LEP development standard by 2.5m. This represents a variation to the development standard by 35.7%.

 

(iii)   Planning principle assessment

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

 

Matter 1

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

Comments:

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

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

 

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

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 written SEPP 1 Objections, which outline the following key justifications for the variation to the standards:

 

Comments relating to FSR:

 

 

Comments relating to external wall height:

 

 

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

 

-      The subject locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments. The adjoining buildings to the east and west are both double storeys in height.

 

The proposed development presents a built form that contains two full storeys plus an attic level on top. The attic or loft storey is generally recessed from the side balconies of the storey below, and does not cover the whole of the building footprints. It is finished with metal claddings and incorporates a low profile skillion roof with two pitches. The loft level would appear as light weight structures above a more solid masonry mass. Accordingly, the overall proportions and massing would not dominate the prevailing residential character of the locality, despite the non-compliance with the external wall height control.

 

The proposal fully complies with the 9.5m building height control of the LEP, and is consistent with the general scale of developments anticipated in the locality.

 

-      Despite the fact that there are single- and double-storey dwellings in the locality, the objectives for Zone 2B also allow for medium density residential developments. The proposed land use is suitable for the area and the size and scale of the development represents an appropriate built form for the site.

 

-      The proposed design is contemporary and modern. The facades are articulated through various architectural elements, including balconies, windows, sun hoods, screens and juxtaposition of contrasting finishes and materials, which will divide the wall planes and building mass. The proposed development would not create a monolithic visual mass that detracts from the existing streetscape character.

 

-      In terms of floor space, the proposed FSR is 0.81:1 when the gross floor area (GFA) is calculated in accordance with the definition of RLEP 1998 (Consolidation).

 

The map of the Draft RLEP 2012 (which has been gazetted and came into effect on 15 February 2013) stipulates an FSR of 0.75:1. The definition for GFA under this Draft LEP is different from that of RLEP 1998 (Consolidation). In particular, the common stairwells are excluded from GFA calculation under the Draft LEP. Where the floor space is calculated as per the Draft LEP definition, the proposal will yield an FSR of only 0.749:1 (411.9m2 GFA), which would comply with the development standard of the draft instrument. In this context, the proposal is consistent with the housing density deemed suitable for this locality under the Draft LEP.

 

-      The proposed development will provide adequate landscaped and deep soil areas that enhance privacy between buildings and visually soften the structures on the site.

 

-      The proposed development will significantly improve the streetscape by replacing an aged, deteriorated dwelling house with a modern residential flat building with careful articulation and high quality finishes. The proposal will allow orderly and economic use of the land for urban consolidation. The proposed housing density and resultant height are justified by the site’s location on a wide street and proximity to public transport services along Anzac Parade.

 

-      As will be discussed in the following sections, the proposal will not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing and privacy.

 

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

 

Matter 2

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

 

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

 

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

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

 

Comments:

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

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it will allow multi-unit housing, which is consistent with the desired character for the locality.

 

 

Matter 3

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

 

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

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

 

Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

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

Fourth

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

 

Comments:

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

 

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

Fifth

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

 

Comments:

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

 

The Draft LEP 2012 has zoned the site to R3 Medium Density Residential, where the objective is to “provide for the housing needs of the community within a medium density residential environment”. The FSR for the site has also been raised from 0.65:1 to 0.75:1. In this context, the proposal is not inconsistent with the proposed zoning and housing density in the Draft LEP.

 

4.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 256 in DP 36345, No. 189 Fitzgerald Avenue, Maroubra. The site is located on the southern side of Fitzgerald Avenue to the east of its intersection with Perkins Way. The site slopes gently from the street to the rear with a fall of approximately 2m. The land area and dimensions of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, Fitzgerald Avenue boundary

17.375m

549.6m2

Southern, rear boundary

12.19m

Eastern, side boundary

37.155m

Western, side boundary

39.53m

 

At present, the site accommodates a single-storey detached dwelling of brick and tiled roof construction. A driveway is located adjacent to the eastern boundary.

 

To the east of the site is a two-storey detached dwelling with driveway and garage adjacent to the common boundary with the subject allotment (No. 191 Fitzgerald Avenue). To the west are a two-storey townhouse development comprising 3 units (No. 187 Fitzgerald Avenue) and a two-storey detached dwelling (No. 1 Perkins Way). To the rear is a two-storey attached dual occupancy with frontage to Yorktown Parade (Nos. 36-36A Yorktown Parade).

 

The adjoining dwelling at No. 191 Fitzgerald Avenue (centre) and the existing dwelling on the subject site (right)

The Port Jackson Fig located within Council’s nature strip on Fitzgerald Avenue

The adjoining townhouse development at No. 187 Fitzgerald Avenue

The rear dwelling of the adjoining dual occupancy (36A Yorktown Parade) as viewed from the rear yard of the subject site

 

Aerial photograph of the subject site and the surrounding environment

 

5.      Site History

 

5.1    Previous development consent relating to the site

DA/638/2010

Demolition of the existing dwelling, construction of a part 2- and part 3-storey multi unit housing development containing 3 dwellings and basement car parking for 5 vehicles, fencing, landscaping and associated Strata subdivision.

 

Approved by Council on 7 December 2010.

 

5.2    Plan amendments

1 November 2012

Following the Design Review Panel meeting, the applicant submitted amended drawings incorporating the following changes:

 

·     Utilisation of the existing driveway crossing servicing No. 187C Fitzgerald Avenue in order to retain the fig tree within Council’s nature strip.

·     Re-orientation of the upper floor balconies of Units 1.03 and 1.04 to the east.

·     Simplification of the roof form.

·     Various changes to windows and fenestration of the building facades. 

 

2 April 2013

Following meeting with Council’s assessment officer, the applicant submitted revised drawings incorporating the following amendments:

 

·     Re-design of the access driveway so that it does not utilise the existing layback of No. 187C Fitzgerald Avenue.

·     Adjustment to the layout of the basement car park.

·     Retention of the fig tree within Council’s nature strip.

·     Increase in the front setbacks, with all 3 levels in the northern most section of the building amalgamated into one dwelling unit. Conversion of the original cantilevered balcony (northern elevation) on the first level to a Juliette style balcony.

 

Revised plan-view and new elevational shadow diagrams were also submitted.

 

6.      Community Consultation

 

The subject application was advertised and notified from 1 to 15 August 2012 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The application was re-notified from 8 to 29 November 2012 following the receipt of the first set of amended plans.

 

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

 

·      187A Fitzgerald Avenue, Maroubra

·      187B Fitzgerald Avenue, Maroubra

·      187C Fitzgerald Avenue, Maroubra

·      198 Fitzgerald Avenue, Maroubra

·      202 Fitzgerald Avenue, Maroubra

·      204 Fitzgerald Avenue, Maroubra

·      1 Perkins Way, Maroubra

·      5 Perkins Way, Maroubra

·      36A Yorktown Parade, Maroubra

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development has an excessive bulk and scale and is not compatible with the existing character of the locality.

The scale, massing and articulation of the proposed development are considered to be satisfactory and will deliver a positive contribution to the streetscape. Refer to the body of this report for further details.

 

The proposal will exceed Council’s FSR control. The proposed development density is excessive and will result in overcrowding.

A SEPP 1 Objection has been submitted to justify the variation to the FSR standard in RLEP 1998 (Consolidation). The reasons outlined in the Objection are considered to be well founded.

 

Refer to the “SEPP 1” section of this report for details.

The proposal will exceed Council’s building and external wall height standards.

 

The 3-storey scale will adversely affect the streetscape character.

The proposal complies with the 9.5m building height standard of RLEP 1998 (Consolidation).

 

A SEPP 1 Objection has been submitted to justify the variation to the external wall height standard. The reasons outlined in the Objection are considered to be well founded.

 

The overall height, scale and massing of the proposed development are considered to be satisfactory.

 

Refer to the “SEPP 1” section of this report for details.

The proposal does not comply with Council’s setback controls.

 

The front setback is inconsistent with the streetscape pattern.

The proposed setbacks satisfy the relevant objectives of the Multi Unit Housing DCP.

 

The proposed front setback is compatible with the existing streetscape character.

 

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

The site is too small for the proposed development. The proposal has an excessive site coverage.

The site has adequate size and dimensions for multi unit housing development.

 

The proposal fully complies with the landscaped area standard stipulated in RLEP 1998 (Consolidation).

The proposal does not comply with the planning controls for the Coral Sea Park Estate in terms of scale, massing setbacks and provision of garden areas.

The proposal satisfies the objectives of relevant planning controls for the Coral Sea Park Estate within the DCP – Multi Unit Housing. Refer to the “DCP” section of this report for details.

The proposed building will overlook the adjoining properties and intrude into their privacy.

 

Privacy screens should be installed for all windows.

 

The screening devices for the upper floor balconies should be fixed with the louvre blades angled away from the adjoining properties.

The proposal will not result in unreasonable visual privacy impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

The proposal will generate excessive noise, including noise from vehicular traffic.

The proposal is domestic in nature and will not result in unreasonable noise impacts on the surrounding properties. Refer to the “DCP” section of this report for details.

The proposed building will overshadow the adjoining properties.

 

The application has not adequately addressed the potential shadow impacts on existing and future solar panels at the adjoining properties.

The proposal will not result in unreasonable overshadowing on the adjoining and nearby residential properties. Refer to the “DCP” section of this report for details.

The proposed building will obstruct air flow and ventilation of the adjoining properties.

The proposed building incorporates adequate setback from the common boundaries and will not obstruct natural ventilation to the adjoining dwellings.

The proposed development will create light pollution.

The proposal is domestic in nature and is not considered to create unreasonable light pollution.

 

A standard condition is recommended to ensure any external lighting is properly designed and does not cause a nuisance to the surrounding areas.

The proposal necessitates the removal of two mature trees from the nature strip, which currently perform a buffer function for the adjoining dwellings at No. 187 Fitzgerald Avenue.

 

The likelihood of success of transplanting the existing fig tree is questionable.

The revised proposal incorporates an amended access arrangement so that the alignment of the driveway and cross-over will retain the existing Port Jackson Fig within the nature strip.

 

The proposal will still require removal of the Saw Toothed Banksia to the south of the aforementioned fig tree. Council’s Landscape Officer has raised no objection to its removal due to the relatively lower landscape value. Refer to the “Technical Officers Comments” section of this report for details. 

The proposed development does not include adequate off-street parking.

 

No visitor parking has been provided in the proposal.

 

The proposal will significantly increase vehicular traffic and reduce kerb side parking in the area. The proposal will cause detrimental traffic hazard.

The proposed parking provision is considered to be acceptable. Refer to the “Parking DCP” section for details.

 

Council’s Development Engineer has assessed the access design and raised no objections on safety grounds, subject to standard conditions.

 

The proposed amalgamation of the driveway with that of No. 187C Fitzgerald Avenue (as contained in the amended scheme) will cause detrimental safety risks. There is a high risk of collision between vehicles exiting the subject development and No. 187C.

 

The shared driveway solution would impact on pedestrian safety.

 

The shared driveway arrangement would cause headlight glare and privacy intrusion to No. 187C.

 

The shared driveway arrangement would not guarantee the retention of the mature trees on the nature strip.

The amended scheme incorporates a revised access arrangement so that separate driveway and cross-over to the subject development will be provided.

 

The alignment of the driveway and cross-over will ensure retention of the fig tree within Council’s nature strip.

 

The proposed construction and excavation works will result in structural damage to the adjoining properties.

Standard conditions are recommended to ensure proper construction management on the site. A further condition is recommended to require the preparation of a dilapidation report, which will serve as a monitor for any construction related damage to the immediate adjoining properties.

The application contains inadequate information on the management of stormwater.

 

The proposed development would increase flooding risks to the adjoining properties.

Council’s Development Engineer has assessed the proposal and raised no objections on drainage grounds, subject to specific conditions requiring the installation of adequate stormwater management system. 

The submitted Statement of Environmental Effects contains incorrect information relating to the height of the existing common boundary fences.

The revised drawings have clearly indicated the height and profile of the boundary fences.

The Draft Randwick LEP 2012 has not been gazetted and should not be taken into account.

The Draft RLEP 2012 (already gazetted and came into effect on 15 February 2013) is a matter of consideration under Section 79C of the Environmental Planning and Assessment Act. The relevant provisions of the above Draft LEP must be taken into account.

The approval of the subject development will establish an undesirable precedent for similar proposals in the future.

The proposed development satisfies the objectives and performance requirements of relevant planning controls. The design scheme would contribute to the streetscape character. The proposal is not considered to create any undesirable precedent.

The proposal will reduce the values of the surrounding residential properties.

Variations in property values are not considered to be a valid objection on town planning grounds.

 

 

7.      Technical Officers Comments

 

7.1    Building Surveyor

Council’s Building Surveyor raises no objections to the proposal, subject to standard conditions being imposed in any consent granted.

 

7.2    Development Engineers and Landscape Development Officer

Council’s Development Engineering Section provides the following comments:

 

Drainage Comments

On site stormwater detention will be required for this development.

 

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

 

Flooding Comments

The site lies within the catchment for the Maroubra Bay Flood Study commissioned by Council. The study indicates that the site will not be subject to flooding during major storm events.

 

Parking Comments

Parking Provision

Council’s DCP-Parking requires for multi-unit housing that parking be provided at a rate of 0.5 spaces per studio unit and one space per one bedroom or bedsitter unit over 40m2. Visitor parking is to be provided at the rate of 1 space per 4 units.

 

Although the traffic and parking assessment states that the proposal comprises 4 x studio units 3 x 1 bedroom and 1 x 3 bedroom unit  the Development Engineer agrees with the assessing officers assessment that units G.04 & 1.04 should not be counted as studio units since they exceed 40m2 in area.

 

The development is therefore considered to comprise of 2 x studio + 5 x 1 bedroom + 1 x 3 bedroom units

 

Parking Demand     = 2 x 0.5 + 5 x 1 + 1 x 1.5 + 8/4

                          = 9.5

                          = say 10 spaces (including two visitor spaces)

 

Parking Provided     = 7 spaces

 

Parking Shortfall     = 3 spaces (30%)

 

To address the parking shortfall the applicant has submitted a parking and traffic assessment which attempts to justify the deficiency by conducting a parking survey of on-street parking in the vicinity of the site. It should be noted that the traffic and assessment report incorrectly calculates the shortfall as 2 spaces.

 

In assessing the study and parking deficiency the Development Engineer notes the following;

§ The study area included both sides of Fitzgerald Avenue in the vicinity of the site as well as both side of Perkins Way which is approximately 20m west of the site (total capacity of 72 spaces).

§ The parking survey was conducted on Tuesday 26th March between 5am and 10pm and demonstrates that on-street parking was readily available with occupancy rates reaching a maximum of only 26.4% (19 spaces) of capacity at 5:30pm leaving 53 spaces available.

§ The average occupancy was around 17% (12 spaces) leaving 60 spaces available in the immediate vicinity of the site.

§ It is noted that 2 of the 3 spaces deficiency relate to visitor parking only.

§ The site is located approximately 100m from bus stops in Fitzgerald Avenue serving route 353 (Bondi Junction to Eastgardens). Services to the city are available in Yorktown Parade to the south approximately 350m walk from the subject site. Further services are available in Malabar Road 650m to the east.

§ The deficiency will have negligible impact on the availability of on-street parking

§ Due to the readily availability of on-street parking it is likely that any visitor parking which would be accessed across a long crossing and down a ramp into basement would be under-utilized.

 

Development Engineering prefers the requirements of Council’s DCP-Parking to be met wherever possible as there is always the danger of setting undesirable precedents when parking deficient developments are approved.

 

In consideration of the above factors however the Development Engineer considers that the parking deficiency is not critical enough in this instance to warrant refusal of the application.

 

Carpark layout –

Following concerns raised in previous memos the parking layout and level of basement were amended to meet the requirements of Development Engineering and are now satisfactory. To ensure compliance a condition has been included in the consent requiring compliance with AS 2890.1:2004.

 

Driveway and Access–

Australian Standard 2890.1:2004 does not require a widened driveway for the proposed development when assessed against the number of units and expected number of vehicle movements however the site is unusual in that it will have a long access driveway access across the council verge.

 

This has the potential to increase the likelihood of vehicle conflict and may lead to vehicles driving on the surrounding grass verge. It was therefore considered that a widened driveway at the front property alignment was appropriate in this instance. Amended plans were requested and submitted which will allow two vehicles to pass based on sweeping paths for the B-85 design vehicle in AS 2890.1:2004. To ensure compliance additional conditions have been included in this report.

 

Bollards will also be required on both sides of the new crossing to prevent parking on Council’s verge.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the proposed works will be between 1 & 2 million  the applicant will be required to meet all costs associated with replacing the overhead wires with aerial bundled cables in the vicinity of the site.

 

Geotechnical Comments

The submitted geotechnical report indicates the subsurface conditions comprise mainly of sand with no groundwater table encountered. Referral to the Office of Water was therefore not required.

 

Possible bedrock was encountered at depth of 3.2m below the surface raising the potential for seepage flows during periods of wet weather. Conditions have been included in this report requiring the basement to suitably tanked and waterproofed.

 

Waste Management Comments

For the proposed development of 8 units Council will require the minimum provision of 10 x 240L bins comprising of 4 x garbage, 4 x recycling and 2 x green waste. These have been provided in the basement as indicated on the plans.

 

Landscape Comments

Despite the claim in point 3 of the covering letter by ARPL dated 28 March 2013 that they were unaware of any issues to do with preservation of the street trees in front of the site, this issue has been raised on numerous occasions before, dating back as far as August 2012, and most recently on 15 Feb 2013.

 

Council has remained consistent with our advice throughout these discussions, in that all options available to ensure retention of both the Banksia serrata (Saw Toothed Banksia) on the verge, centrally across the width of the site, as well as the Ficus rubiginosa (Port Jackson Fig) to its north needed to be investigated.

 

These trees are part of a formal, suburb wide strategy, stretching from Bunnerong Road, Matraville (and around the perimeter of Heffron Park), all the way to Maroubra Beach, creating a highly desirable avenue effect along this major roadway. 

 

While the previous schemes were unacceptable to Council for the reasons outlined above, amended plans stamped 2 April 2013 have now been received, and show the crossing being installed along the eastern site boundary, where it then curves in an arc around to where it meets the basement entry ramp on the opposite side, along the western site boundary.

 

Based on plan D-3.02, the actual crossing will maintain a setback off the trunk of the Port Jackson Fig of around 5 metres, encroaching slightly into the southeast edge of its canopy and root plate, which is acceptable to Council based on the fact that excavations would be undertaken outside of its Structural Root Zone (SRZ), and only slightly within its Tree Protection Zone (TPZ), and only on one side, and as this tree is still a relatively young specimen, it will have a high tolerance to disturbance.

 

Also, the pure sandy soil would have allowed the roots to sink deeper into the soil profile, away from the 200mm deep excavations that will be performed at surface level, and while a small amount of root pruning may still be needed, this will not be an amount that would threaten the tree, with canopy pruning not to be required.

On the basis of these new plans, the Port Jackson Fig can be retained, with relevant conditions to ensure it is appropriately protected having been included in this report, and also includes a refundable deposit as security for compliance.

 

Unfortunately, this amended crossing design will necessitate removal of the Banksia, which is located just to the south of the Fig, as the required excavations would be performed virtually hard up against the eastern side of its trunk, impacting about 40% of its entire root plate, which this tree could not sustain, with Council needing to be mindful of the safety implications in the public domain if this tree is compromised from such works.

 

While this tree is also part of the formal avenue planting, it is definitely the lesser of the two trees, with its loss not to have any major impact on the streetscape as the canopy of the Fig mostly obscures it when viewing from the streetscape, with conditions requiring that the applicant cover Council’s costs for this component included in this report, and includes the provision of replacements of the same species to the east of the crossing. 

 

The various shrubs in the front yard, close to the front boundary, including two 4m x 4m Callistemon viminalis (Weeping Bottlebrush), located centrally, to the west of the existing internal driveway, in a north-south arrangement, are not significant in anyway, so can be removed so as to accommodate the proposed works as shown, subject to replacement landscape treatment using appropriate species being provided within this same area as part of the overall scheme.

 

The same also applies to the vegetation in the rear yard, being a self-seeded Grevillea robusta (Silky Oak) and other shrubs/small trees, along the western boundary, close to the southwest corner of the existing dwelling, so as to accommodate the basement level, along with the group of shrubs/small trees in the southeast corner of the site, so as to accommodate the underground OSD area with masonry walls, with the mature Cocos Palms on the adjoining property to the east, no.191, being exempt from Council’s TPO due to their low landscape value, and so conditions cannot be imposed.

 

While Council’s records show that a previous plan was submitted back on 23 July 2012 by Taylor Brammer, dwg LA01, revision B; a revised Landscape Plan reflecting the architectural changes that have been made has not submitted with this proposal, and while it is assumed that this plan will form the basis of the landscape scheme, conditions do need to be imposed.

 

7.3    Design Review Panel

Refer to the “SEPP 65” section of this report for details.

 

8.      Master Planning Requirements

 

A master plan is not required for this application.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation)

The Randwick LEP 2012 has been gazetted and came into effect on 15 February 2013. Clause 1.8A provides that a development application lodged but not finally determined prior to the commencement of the Plan must be determined as if it had not commenced.

 

The subject application was lodged in July 2012 prior to the gazettal of RLEP 2012, and is therefore subject to the savings provision. When determining an application to which Clause 1.8A applies, the consent authority must have regard to the provisions of the new Plan as if it had been exhibited under the Act but had not been made.

 

The subject site is zoned 2B (Residential B Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific objectives of the Residential B Zone, in that the development will deliver multi-unit housing, which is compatible with the desirable character for the locality.

 

The following clauses of RLEP 1998 (Consolidation) are relevant to the proposed development:

 

Clause

Requirement

Proposal

Compliance

20E Landscaped area

(2) Minimum 50% of total site area (274.8m2)

51.8% (284.9m2)

Complies

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

50.7% (139.4m2) of the landscaped areas are provided on deep soil

Complies

20F Floor space ratios

(1) Maximum 0.65:1 (357.2m2)

0.81:1 (445.6m2)

Does not comply, SEPP 1 Objection submitted

20G Building heights

(1) Maximum building height 9.5m

9.5m

Complies

(3) Maximum external wall height 7m

9.5m

Does not comply, SEPP 1 Objection submitted

40 Earthworks

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

The proposal requires excavation of up to approximately 2.9m in depth (excluding foundation footings) to accommodate a basement car park.

 

Specific conditions are recommended to ensure that suitable retaining walls and protection measures are implemented during construction on the site. The proposal is not considered to adversely affect the drainage pattern and use of the land, subject to the recommended construction management and engineering conditions.

Complies, subject to conditions

 


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

SEPP 65 applies to the proposed development. The application was referred to the Design Review Panel for advice in September 2012. The Design Quality Principles stipulated in the SEPP and the key comments provided by the Panel are addressed as follows:

 

Principle 1: Context

·      The existing driveway crossover to the west should be utilised. The existing tree in the verge could then be retained and the amount of pavement will be reduced.

Comments:

A shared driveway cross-over arrangement between the subject development and No. 187C Fitzgerald Avenue is not supported by Council’s Development Engineer. The reason is that such a solution would increase collision risks for vehicles exiting from both properties. The dwelling at No. 187C would also be subject to increased headlight glare from vehicles returning to the proposed building.

 

The revised design provides independent vehicular access to the basement car park. The driveway crossover is now aligned in a manner that avoids removal of the fig tree in the nature strip. The current proposal has successfully resolved the issues of separate access to properties and protection of significant street trees.

 

·      Deep soil strips along the east boundary should be widened to ensure viable trees.

Comments:

Given the wedged shape of the site, it is not desirable to widen the planter boxes along the eastern boundary, as this would compromise the size of the private courtyards of Units G.02 and G.03 and narrow down the common walkway. Notwithstanding, the landscape plan shows that 4m high shrubs could be planted within the planter boxes and provide visual screening.

 

·      Windows facing into neighbouring properties will need to be treated to avoid overlooking.

Comments:

The revised design scheme has incorporated adequate measures to minimise privacy impacts on the neighbours. Refer to the “DCP” section of this report for details.

 

Principle 2: Scale

Comments:

Satisfactory.

 

Principle 3: Built form

·      The floor level of the units to the north could be raised 200 – 300mm so that the most northern one is above natural ground.

Comments:

The proposed ground floor level for Unit G.01 (RL 20.585) is not substantially sunken below the street and would not compromise its living amenity.

 

·      The upper floors could have a flat roof and clerestory windows more central to the plan. A simplified roof form may also be more cost effective.

Comments:

The revised design has simplified the roof form with only two pitches. The roof form provides visual interest to the building and remains compliant with the 9.5m height limit in the LEP. Skylights have been included to improve natural lighting to the loft spaces.

 

·      Weather protection and sun shading appropriate to orientation should be provided.

Comments:

The revised design has incorporated appropriate sun shading and weather protection, including window hoods, screens and awnings. The west-facing windows on the upper floor have reduced sizes to minimise afternoon heat load.

 

·      The east has unshaded fixed glass to the top floor which will admit too much sun on summer mornings.

Comments:

The revised design has reduced the amount of east-facing glazing on the loft level.

 

·      Hoods over entry doors to the central units should be added.

Comments:

The revised plans show concrete awnings over the entry doors to the common stairways in the middle section of the building.

 

·      Bedroom 1.02 could have a window in the east wall rather than relying on the roof light.

Comments:

A north-facing window has been provided for the bedroom of Unit 1.02.

 

·      High level windows should be operable in part to aid air movement by stack effect.

Comments:

The clerestory windows of the loft level and the majority of highlight windows within the building are fully operable.

 

·      The walk-in-robe to Unit 1.01 could have a skylight or glazing above the robe to the bathroom to achieve borrowed light. The high level windows in this bathroom should also have an operable section.

Comments:

The revised scheme has deleted Unit 1.01 in order to create a 3-bedroom dwelling in the front section of the building.

 

All bedrooms and bathrooms have access to an operable window.

 

·      The water management (gutters and downpipes) should be shown on the drawings.

Comments:

The location of gutters is shown on the revised drawings. The level of information currently presented is considered suitable for assessment purposes.

 

·      The large square roof lights shown on the roof plan may be too large and may allow too much direct sunlight into the bedrooms.

Comments:

The revised design has reduced the size of the skylights and relocated them to outside the bathroom doors. 

 

Principle 4: Density

Comments:

Satisfactory. Refer to the “SEPP 1” section for details.

Principle 5: Resource, energy and water efficiency

·      Awning windows and fixed glass do not assist with cross ventilation well and alternatives should be investigated.

Comments:

All living areas have access to full height sliding doors. Awning windows are mostly reserved for bedroom areas. All dwelling units will enjoy adequate natural lighting and ventilation (and all living areas will enjoy cross ventilation).

 

·      Ceiling fans should be provided in the bedrooms.

Comments:

Ceiling fans are provided in the loft bedrooms. This is acceptable as the loft level would be subject to a higher heat gain in summer than those bedrooms on the storeys below.

 

Principle 6: Landscape

·      A landscape design including planting types and planter details should be provided by a landscape architect.

Comments:

A landscape plan prepared by a landscape architect has been submitted.

 

Principle 7: Amenity

·      Rooms facing north onto Fitzgerald Avenue could possibly have additional smaller openings on the east as well so that ventilation can be maintained when north windows or doors are closed to road noise.

Comments:

Unit G.01 has been reconfigured as a 3-storey, 3-bedroom dwelling. On the first floor of this unit, there are two small bedrooms with full height sliding doors and access to a Juliette balcony fronting Fitzgerald Avenue. Given the restricted size of these rooms, the provision of additional windows may adversely affect future furniture layout. As Fitzgerald Avenue is not an arterial road, it is not considered necessary to require secondary windows to these bedrooms.

 

Principle 8: Safety and security

·      Independent BCA advice should be sought in relation to the access and fire.

Comments:

The drawings show external drenchers over those windows within 3m from the common boundaries. The proposal will be required to demonstrate compliance with the BCA at the construction certificate stage.

 

Principle 9: Social dimensions

Comments:

Satisfactory.

 

Principle 10: Aesthetics

·      The north balcony increased in width towards the west, cantilevering out further over the driveway.

Comments:

Unit G.01 has been reconfigured as a 3-storey, 3-bedroom dwelling. On the first floor of this unit, there are two small bedrooms with full height sliding doors and access to a Juliette balcony fronting Fitzgerald Avenue. The front elevation of the building is appropriately articulated and would contribute to a good streetscape outcome.

 


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

SEPP: BASIX applies to the proposed development. The applicant has submitted an updated BASIX Certificate relating to the revised design. The commitments listed in the above certificate will be imposed by an appropriate standard condition pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan – Multi Unit Housing

The DCP for Multi-Unit Housing states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions. Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

A site analysis plan has been submitted with the application. 

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 has a frontage width and land area of 17.375m and 549.6m2 respectively. The dimensions and size of the site are similar to the adjoining allotments to the east and are adequate for medium density residential development.

 

P3 Development on corner sites responds to both street frontages.

 

Not applicable.

Height

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

 

A SEPP 1 Objection has been submitted for non-compliance with the external wall height standard. The Objection has been assessed and is considered to be well founded. Refer to the “SEPP 1” section of this report for details.

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

 

The bulk of the building is suitably distributed over an architectural form that incorporates appropriate articulation and façade treatment. The proposal is considered to have minimised streetscape and amenity impacts.

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

G/F & 1/F

4.674m to 6.083m

Loft

6.989m to 7.593m

 

The adjoining townhouse building at the corner of Fitzgerald Avenue and Perkins Way (No. 187 Fitzgerald Avenue) has a minimum front setback of approximately 4.2m. The proposal is considered to be compatible with the street alignment of the above development.

 

While the dwelling to the east (No. 191 Fitzgerald Avenue) has a wider setback of approximately 7.4m, it is due to the under-developed nature of this property having regard to the current planning controls.

 

The proposed front setback is considered to be adequate and respects the curvilinear alignment of Fitzgerald Avenue.

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 Buildings (including balconies) maintain a minimum average setback of 4m from any side boundary.

 

No part of the building is closer than 2.5m from any side boundary.

 

The maximum length of any wall section is 10m. The minimum length of any step is 3m.

Refer to comments below.

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 Buildings (including balconies) maintain a minimum average setback of 6m from the rear boundary.

 

No part of the building is closer than 4.5m from the rear boundary.

 

The maximum length of any one section of wall is 10m. The minimum length of any step is 3m.

Refer to comments below.

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.

The projecting window hoods will not result in adverse amenity impacts on the neighbours.

Density

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

 

The proposed density and FSR are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

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 front fence has a maximum height of 1m. Satisfactory.

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.

The proposal has included adequate landscaped areas along the front (except for the driveway), side and rear setback areas. Satisfactory.

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

 

Given the wedged configuration of the site, it is not feasible to reserve communal open space around the building.

 

The common walkway adjacent to the eastern boundary is appropriately landscaped and will offer suitable amenity to the residents.

P3  Private Open Space

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

 

The proposal has included private terraces or balconies that are directly accessible from the living areas of the dwelling units.

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

 

The front terrace to Unit G.01 incorporates adequate landscaping and will allow passive recreational activities.

P6  Flats and apartments

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

S6 Minimum of 8 m2 and minimum dimension of 2 metres.

G/F terraces

The terraces adjacent to the living rooms of all ground floor units satisfy the DCP requirements.

 

1/F balconies

All 1/F balconies have a clear width of approximately 1.5m. The areas of these balconies range from 5.7m2 to 8.1m2.

 

Given the small dwelling sizes, the dimensions of the balconies are considered to be reasonable and would allow passive recreational activities by the occupants.

 

 

 

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.

Refer to comments below.

P2 Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

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

 

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to ensure compliance with the BCA.

View Sharing

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

 

The existing dwellings in the locality generally do not enjoy distant sea views.

 

The proposal will not result in unreasonable view loss impacts.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Adequate side setbacks have been provided in the development.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

 

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

 

Refer to comments below. 

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.

 

Refer to comments below.

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

 

Refer to comments below.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

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

Refer to BASIX.

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 will not preclude the installation of solar collectors in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

Entries to the common stairways are located on the side elevation of the building. However, a clearly identifiable access pathway is provided. Satisfactory.

P3 High walls and structures avoided.

 

Satisfactory.

P4 Resident car parking has security grilles or doors.

 

Satisfactory.

P5 Visitor parking spaces clearly identifiable.

 

No visitor parking is proposed.

P6 Adequate lighting for personal safety and security provided.

 

Satisfactory.

P7 Adequate lighting is provided in common areas.

 

To be required by condition.

P8 External lighting does create a nuisance.

 

 

 

 

 

 

 

 

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Refer to the “Parking DCP” section for details.

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

 

The car park is provided in the basement and will not dominate the street elevation.

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.

P3 Secure storage for bicycles is provided.

 

 

To be required by condition.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

Satisfactory.

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

S3 Long driveways provide passing bays.

Adequate driveway width has been provided.

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.

The driveway width and layout have been designed within various constraints, including retention of the existing fig tree within the nature strip, sightlines and manoeuvrability. The proposal is considered to be satisfactory in this regard.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

Suitable landscaping is provided to visually soften the access facilities.

P6 Driveway gradients safe.

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

 

 

 

 

 

Satisfactory.

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.

No storage units are proposed in the basement car park as it is constrained by location of the sewer lines and site dimensions. Notwithstanding, all units have adequate sizes and dimensions to accommodate storage facilities.

Barrier-Free Access

P1 Design must provide access for people with special access needs as required (foyer parking open space).

S1 Publicly accessible areas comply with the Building Code of Australia for access and mobility.

To be required by condition.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

S1 Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

Satisfactory.

P2 Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

Satisfactory. 

P3 The location and design of waste facilities does not visually detract from the development or the streetscape.

S3 Waste facilities not to be located between the front building alignment and the road.

Satisfactory.

Coral Sea Park Estate

P1 Building materials and external finishes are consistent with the dominant themes in the Estate.

 

The proposal adopts a palette of colours and materials that deliver a modern architectural character, and would contribute to the streetscape.

P2 Site area and dimensions, particularly width, are of sufficient size to allow and maintain the existing themes of large rear garden areas and open space between buildings to continue.

S2 Sites have a minimum frontage of 20m for development of more than 2 dwellings.

The site has a frontage width and land area of 17.375m and 549.6m2 respectively. The dimensions and size of the site are adequate for medium density residential development.

Open spaces in front of buildings are not fenced off from the street. Where fencing is proposed it is no more than 1 m high.

 

The front fencing does not exceed 1m as measured from the footpath level. Complies. 

 

Side setbacks

The proposed side setbacks are as follows:

 

Eastern side setback:

- G/F 2.5m to 5.893m

- 1/F 2.484m to 5.893m

- Loft 3.49m to 4.675m

- Maximum wall length: 13.1m (G/F), 11m (1/F), 15.6m (loft)

 

Western side setback:

- G/F 2.1m to 3m

- 1/F 1.5m to 2.5m

- Loft 1.65m to 4.35m

- Maximum wall length: 20.4m (G/F), 11.3m (1/F), 11.3m (loft)

 

The proposal does not strictly meet the preferred solutions of the DCP. However, the development is considered to satisfy the objectives and performance requirements of the DCP for the following reasons:

 

·      The site has a wedge shape with its width gradually tapers towards the rear (street frontage 17.375m, rear boundary length 12.19m). The strict adherence to the preferred solution would create a very narrow floor plate that severely restricts functionality of the rooms.

 

·      The landscape plan has reserved adequate deep soil and raised planter areas with a variety of shrubbery, which will provide privacy screening and visually soften the building structures on the site.

 

·      The proposal fully complies with the landscaped area development standards stipulated in the LEP. The building coverage of the site is not excessive.

 

·      Given the 2B zoning of the site, the proposed medium density housing is considered to be a suitable land use. The built form and envelope are compatible with the character of the locality. The proposal is considered to have maximised side setbacks in the light of the constrained allotment width. As will be discussed in the following paragraphs, the development will not result in detrimental amenity impacts on the neighbours in terms of privacy and solar access. 

 

·      The built form has been appropriately articulated and would not present a monolithic visual mass to the adjoining properties. Refer to the “SEPP 1” section of this report for details.

 

Rear setback

The proposed rear setback is 4m to 5.9m. The maximum wall length is 3.9m to 7.5m. 

 

The proposal does not meet the rear setback preferred solution. However, the development is considered to satisfy the relevant objectives and performance requirements of the DCP for the following reasons:

 

·      The landscape plan shows the provision of adequate deep soil planting at the rear of the site. This includes 3 x Scribbly Gums (maturity height 12m) and various medium sized shrubs (maturity height 4 to 5m). The planting would provide suitable visual screening for the development at maturity.

 

·      The proposed building is separated approximately 7m from the rear adjoining dwelling (No. 36A Yorktown Parade). The degree of spatial separation is considered to be reasonable.

 

·      As will be discussed in the following paragraphs, the proposal will not result in unreasonable amenity impacts on the adjoining properties in terms of solar access and privacy.

 

Privacy

The performance requirements of the DCP relating to privacy are as follows:

P1  Visual Privacy

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

P2 Private open space design and location ensure privacy.

P3  Acoustic Privacy

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

 

The potential privacy impacts of various elements of the proposal are addressed as follows:

 

Elevation

Element

Comments

East

G/F terraces

The eastern terraces to the middle units (G.02 and G.03) are bounded by privacy screens. No significant overlooking would result. 

G/F common walkway

The proposal includes raised planters with a row of Bottlebrush (mature height 4m) adjacent to the common boundary with No. 191 Fitzgerald Avenue. The elevation also shows the installation of timber fence above the planter boxes, with effective barrier height of at least 1800mm.

1/F balconies

There are 2 x balconies on the first level. Privacy screens will be installed in a manner that restrict cross viewing to the side windows of No. 191 Fitzgerald Avenue. It should be noted that the western side of No. 191 is currently occupied by a driveway and a garage. 

1/F stairwell windows

The stair landings are separated from the window line by approximately 3.6m. Minimum overlooking would result.

Open staircase

The open staircase at the front of the building only connects to one dwelling unit and is provided with privacy screens, which would minimise cross viewing.

Loft windows

The loft windows have restricted dimensions and are attached to the bedrooms, which are low intensity use areas within the dwellings.

West

G/F terraces

The proposal includes raised planters along the western edge of the terraces. The landscape plan shows a mixture of shrubbery, which would offer suitable visual screening at maturity. The elevation drawing also shows the retention of the existing boundary fence, which is higher than the eye level of a person standing in the terraces.

1/F balcony

The eastern elevation of No. 187C Fitzgerald Avenue contains only one window, which is separated approximately 7m from the balcony to Unit 1.02. A privacy screen will be installed in a manner that restricts overlooking into the rear yard areas of No. 187C.

1/F windows

The ‘splash-back’ windows are attached to the kitchen areas and are set at bench height. These windows have restricted dimensions and would not create significant overlooking.

Loft windows

The lower portions of the loft windows are constructed with coloured back glass and are only attached to bathroom areas.

South

1/F balcony

The balcony is setback a minimum of 4m from the rear boundary. The landscape plan shows a number of medium sized shrubs and canopy trees in the rear setback areas, which would offer good visual screening at maturity. The western elevation is installed with a privacy screen. It is considered that this element would not result in unreasonable privacy impacts on the neighbours.

1/F windows

The windows are attached to bedroom areas. As previously discussed, the rear setback is reasonable and the proposed planting would offer adequate visual screening at maturity.

 

A specific condition is recommended to ensure the proposed privacy screens are fixed and their configuration will effectively restrict cross viewing to the adjoining properties.

 

The proposed development is domestic in nature and any noise emission is considered to be consistent with the 2B zoning for the area. The proposed balconies have small dimensions and would not enable congregations of a large number of persons. The basement contains only 7 car spaces and is not considered to generate any overwhelming amount of traffic in the subject residential locality. Overall, the proposal is considered to be satisfactory having regard to acoustic privacy.

 

Solar access

The DCP Performance Requirements relating to solar access are extracted below:

 

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

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

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

 

The following provides an analysis of the expected shadow impacts on 21 June based on the submitted shadow diagrams:

 

Property

Comments

187 Fitzgerald Avenue

Private open space:

The rear courtyards of this townhouse development are located to the south and have restricted solar access by virtue of their orientation. The diagrams show that some minor additional shadows to the rear yard of Unit C will occur at 11am and 12 noon. Apart from these, the shadow impacts are commensurate with that of the previously approved scheme (DA/638/2010).

 

Notwithstanding the above, the front (northern) courtyard of Unit C will receive at least 3 hours of direct sunlight on the winter solstice. It is considered that a reasonable level of amenity would be retained for this property.

 

Eastern window:

There is only one eastern window attached to Unit C. The principal habitable room windows are oriented to the north and south. All northern windows will not be affected by the proposal.

191 Fitzgerald Avenue

Private open space:

The rear courtyard of this dwelling is located to the south and is already subject to considerable overshadowing by virtue of its orientation. A strip of land along the rear boundary of this property will enjoy direct sunlight from 10am to 2pm. The proposal will only affect the above courtyard area at 3pm. The additional impact is generally the same as that already approved under DA/638/2010.

 

It is considered that the impact on the rear open space of this dwelling is relatively limited and is acceptable. It should also be noted that a large extent of the existing overshadowing is caused by the dwelling and garage structures on No. 191 itself.

 

Western windows:

There are 3 small windows on the western elevation of No. 191. The proposal will overshadow one of these windows at 3pm. All northern windows will not be affected. The retention of solar access to all side windows is not feasible as they are located in the central portion of the allotment. The extent of the impact is limited and is considered reasonable.

1 Perkins Way

Private open space:

The private open space of this dwelling is located to the east, and consists of a sheltered area with translucent roofing and an open garden.

 

At 9am, the proposed development will overshadow approximately half of the covered area and the whole of the open garden. At 10am, the whole of the covered area will receive direct sunlight. At 11am, the whole of the covered area and not less than 1/3 of the open garden will receive direct sunlight. From 12 noon to 2pm, more than 50% of the whole private open space will be under sunlight.

 

The proposal fully meets the performance requirement of the DCP.

 

Rear yard of No. 1 Perkins Way

 

Eastern windows:

None of the eastern windows will be affected by the proposal between 9am and 3pm, 21 June.

3 Perkins Way

 

Eastern elevation and courtyard of No. 3 Perkins Way (centre and left)

 

Private open space:

The proposal will affect the rear courtyard during the morning period. Approximately 50% of the rear yard will receive direct sunlight at 11am, 12 noon and 1pm. Approximately 30 to 40% of the rear yard will receive direct sunlight at 2pm.

 

It is considered that adequate level of sunlight will be retained and the proposed overshadowing will not hinder outdoor living for this dwelling. 

 

 

 

 

 

 

 

 

 

 

 

 

Eastern windows:

East elevation of No. 3 Perkins Way, the red and back coloured areas* denote the total impacts from the proposal at 9am

 

Shadow conditions on the eastern elevation at 10am, there are no impacts from the proposed development

 

It is noted that the elevational shadow diagrams do not accurately depict the size and configuration of the rear doors at G/F. However, the degree of the impacts can still be deduced based on the information provided.

 

The proposal will overshadow the majority of the ground floor rear window and glazed doors at 9am.

 

The majority of the surface areas of the rear doors and window will receive direct sunlight at 10am. From 11am onwards, they will be substantially overshadowed (by structures other than the proposed development).

 

The proposal will not affect any of the east-facing windows on 1/F.

 

No. 3 Perkins Way is located downhill from the site. In the light of the local topography and the built context, and the fact that adequate sunlight will be retained for the rear courtyard, the extent of the proposed overshadowing is considered to be reasonable.

3A Perkins Way

No impact. 

5 Perkins Way

No impact.

36A Yorktown Parade

Rear courtyard:

No. 36-36A Yorktown Parade contains an attached dual occupancy. The rear dwelling (No. 36A) has a north-facing courtyard of only approximately 3.5m to 4.5m in width.

 

The expected impacts are described in the diagrams below (the red and black dotted areas together represent the total impacts of the proposed development*):

 

9am

10am

11am

12noon

1pm

2pm

3pm

 

 

No. 36A is located on the downhill side from the subject site. It is currently affected by shadows cast from the boundary fence.

 

A strip of land adjacent to the northern windows of up to 1.5m wide will receive direct sunlight at 10am, 11am, 12 noon and to a lesser extent at 1pm.

 

The proposal is considered acceptable because:

· The courtyard of No. 36A is highly constrained in dimensions as the building is sited close to the common boundary.

· The courtyard is sunken from the subject site due to the local topography. 

· The northern windows on the ground floor (presumably living room windows) will continue to receive adequate sunlight on the winter solstice (see below). A reasonable level of amenity will be retained.

 

Northern windows:

The proposal will have no impacts on the north-facing G/F windows at 9am, 10am and 11am. At 12 noon, more than 50% of the glazed areas of these windows will receive direct sunlight.

 

The proposal will not affect any of the north-facing 1/F windows.

 

Accordingly, the proposal fully satisfies the performance requirement of the DCP.

 

Solar panels:

Solar panels have been installed on the western roof pane of the dwelling. The proposed development will not cast any shadows on these panels.

38 Yorktown Parade

The proposal will cast shadows to the north-western part of the rear yard at 3pm. The areas covered by shadows amount to approximately 12m2. More than 50% of the rear yard of this dwelling will receive direct sunlight on 21 June.

*Note: the submitted shadow diagrams use black dots to represent the shadows of the approved DA/638/2010, and red dots to represent the additional shadows from the current scheme.

 

The proposal will not overshadow the roofs of the adjoining properties for more than 3 hours on 21 June. Accordingly, the proposal will not compromise any future solar panels on the adjoining neighbours.

 

The subject site and the adjoining properties that will be affected by overshadowing from the proposed development are zoned Residential 2B under the LEP. The objective of the 2B zone aims at enabling low to medium density housing. As is discussed in the “SEPP 1” section of this report, the proposed building height and density are considered to be compatible with the surrounding environment. Given that the zoning and development standards in the LEP allow medium density housing form, it is more difficult to achieve strict compliance with the performance requirements of the DCP, as compared to a 2A zone.

 

The proposed floor space, built form and roof design are considered to be satisfactory and will positively contribute to the local streetscape. The resultant shadow impacts are not a result of poor design and are considered to be reasonable.

 

10.2  Randwick Development Control Plan – Parking

The DCP specifies the following car parking rates for multi-unit housing development:

 

 

Rate

Requirement

Proposal

Studio unit (<40m2)

0.5 space / unit

1

7 spaces

Studio unit (>40m2) & 1-bedroom unit

1 space / unit

5

3-bedroom unit

1.5 space / unit

1.5

Visitor

1 space / 4 units

2

Nil

Total

 

9.5 or 10 spaces

7 spaces

Bicycle

1 space / 3 units + 1 visitor space / 10 units

3.5 or 4 spaces

To be required by condition

 

Units

Type / Size

G.01

3-bedroom unit

G.02

Studio unit (<40m2)

G.03

Studio unit (< 40m2)

G.04

Studio unit (> 40m2)

1.02

1-bedroom unit

1.03

1-bedroom unit

1.04

1-bedroom unit

1.05

Studio (>40m2)

Under the DCP, a total of 10 off-street parking spaces are required. The proposal only contains 7 parking spaces and entails a shortfall of 3 spaces. Notwithstanding, the proposed development is considered to be satisfactory for the following reasons:

 

·      The development scheme is constrained by the wedged configuration of the site and the location of the sewer lines. The size of the basement has already been maximised and could not be further extended to provide additional parking.

 

·      The applicant has submitted a parking study prepared by Varga Traffic Planning. The study includes a survey of on-street parking condition in the nearby areas undertaken between 5am and 10pm on 26 March 2013 (Tuesday). The surveyed area is indicated in the diagram below.

 

Surveyed area for kerb side parking

 

Based on the survey, the nearby streets have a capacity of some 55 to 60 vacant spaces.

 

The shortfall of 3 car spaces (of which 2 are visitor parking) is considered to be acceptable in the light of the number of kerb side parking available. It is considered that the kerb side parking is capable of absorbing any overflow parking demand generated by the development.

 

·      Regular public bus services, including connections to Sydney CBD, are available along Anzac Parade to the west of the site. There are two bus stops at approximately 440m (south-bound bus services) and 510m (north-bound bus services) from the site. Although slightly beyond the 400m average walking radius, these bus stops are still within reasonable walking distance from the site, especially for younger people. Other bus services are also available on Fitzgerald Avenue and Yorktown Parade (refer to the “Technical Officers Comments” section for details). Given the high accessibility of the site, the provision of a lower level of off-street parking facilities is considered to be acceptable.

 

11.    Council Policies 

 

11.1  Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan is applicable to the proposed development. In accordance with the plan and the submitted quantity surveyor report, the following monetary levy is required:

 

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$1,519,242

1.0%

$15,192.42

 

12.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

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

Refer to comments below.

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

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

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

Not applicable.

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

Appropriate standard conditions are recommended to address the relevant clauses of the EP&A Regulation 2000.

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

The proposed development is consistent with the residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality, subject to the recommended conditions.

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

The site is located within an established residential neighbourhood. The site has sufficient area to accommodate the proposed land use and 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 within the body of this report.

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

The proposal promotes the objectives of the 2B Zone and would not result in unreasonable environmental, social or economic impacts on the locality. Accordingly, the development is within the public interest.

 

The 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. 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 application:

 

Description

Standard

Proposal

Compliance

Zoning:

R3 Medium Density Residential

Is development permitted under zoning?

 

Land use classified as “residential flat building”

Yes

Floor space ratio (maximum)

0.75:1

0.749:1

Yes

Height of building (maximum)

9.5m

9.5m

Yes

Lot size (minimum)

325m2

No subdivision is proposed

N/A

Heritage

N/A

N/A

N/A

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development meets the objectives and performance requirements of relevant Local and State planning controls.

 

The SEPP 1 Objections lodged with respect to the non-compliance with the floor space ratio and external wall height standards contained in RLEP 1998 (Consolidation) are considered to be well founded. The design of the building will be sympathetic to the existing streetscape in terms of proportions, massing, setbacks and landscape treatment. The development scheme will not have a significant impact on the amenity of the surrounding properties in terms of visual bulk and scale, privacy and solar access.

 

The application is, therefore, recommended for approval subject to conditions.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F(1) and 20G(3) of Randwick Local Environmental Plan 1998 (Consolidation), relating to floor space ratio and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not unreasonably 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. 462/2012 for demolition of the existing dwelling and construction of a 3-storey residential flat building comprising 8 units, basement car parking for 7 vehicles, landscaping and associated works, at No. 189 Fitzgerald Avenue, Maroubra, 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 Number / Title

Dated

Received

Prepared By

A2.01(J) Site Plan

30 Apr 12

2 Apr 2013

Level Orange

A3.01(H) Basement Floor Plan

30 Apr 12

2 Apr 2013

Level Orange

A3.02(E) Site / Ground Floor Plan

30 Apr 12

2 Apr 2013

Level Orange

A3.02-1(M) Ground Floor Plan

30 Apr 12

2 Apr 2013

Level Orange

A3.03(K)  First Floor Plan

30 Apr 12

2 Apr 2013

Level Orange

A3.04(K) Loft Floor Plan

30 Apr 12

2 Apr 2013

Level Orange

A3.05(I) Roof Plan

30 Apr 12

2 Apr 2013

Level Orange

A4.01(H) Section AA

30 Apr 12

2 Apr 2013

Level Orange

A4.02(H) Section BB

30 Apr 12

2 Apr 2013

Level Orange

A4.03(C) Section CC

30 Apr 12

2 Apr 2013

Level Orange

A4.04 Privacy Screen Details

30 Apr 12

2 Apr 2013

Level Orange

A5.01(J) Streetscape Elevation

30 Apr 12

2 Apr 2013

Level Orange

A5.02(L) East Elevation

30 Apr 12

2 Apr 2013

Level Orange

A5.02.1(L) East Elevation

30 Apr 12

2 Apr 2013

Level Orange

A5.03(L) North & South Elevation

30 Apr 12

2 Apr 2013

Level Orange

A5.04(K) West Elevation

30 Apr 12

2 Apr 2013

Level Orange

LA01(B) Landscape Plan

11.07.2012

23 Jul 2012

Taylor Brammer Landscape Architects Pty. Ltd.

 

BASIX Certificate No.

Dated

Received

434312M_02

11 April 2013

11 Apr 2013

 

Amendment of Plans & Documentation

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

 

(a)  The privacy screens as shown on the approved plans must be permanently fixed. The screens must be constructed with metal or timber slats, horizontally or vertically positioned, with any openings not exceeding 25% of the surface areas of the screens.

 

(b)  Suitable security lighting must be installed along the main pedestrian entry path to the building, which is adjacent to the eastern boundary of the site. The above lighting device must be low level lighting where the light source is not located higher than 1.2m above the finished ground level, and must be directed towards the ground.

 

(c)  A minimum of four (4) bicycle parking spaces must be provided within the proposed development. The design and construction of the bicycle parking facilities must be compliant with Australian Standard 2890.3: Bicycle Parking Facilities. 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and surface finishes to the development must be consistent with the approved drawings stated in Condition 1 above.

 

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 $1,519,242, the following applicable monetary levy must be paid to Council: $15,192.42.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·     $5000.00    -      Damage / Civil Works Security Deposit

 

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

     

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

 

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

 

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.

        

Street Tree Removal

9.       The applicant shall submit a total payment of $845.25 (including GST), being to cover:

 

a.       The cost for Council to remove, stump grind and dispose of the Banksia serrata (Saw Toothed Banksia) from the Fitzgerald Avenue verge, adjacent the northwest corner of the site, so as to accommodate the curved crossing design as shown;

 

b.       The cost for Council to supply and install 1 x 25 litre street tree of the same species back on the Fitzgerald Avenue verge, centrally within the area bounded by the eastern edge of the new curved crossing and front property boundary at the completion of all works;

 

c.       A loss of amenity fee in recognition that this semi-mature native species is only being removed from public property so as to accommodate the proposed development, and will be used towards additional plantings in the surrounding area.

 

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 tree.

 

Protection of Street Tree

10.     In order to ensure retention of the Ficus rubiginosa (Port Jackson Fig) located on Council’s Fitzgerald Avenue verge in good health, the following measures are to be undertaken:

 

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

 

b.       All Construction Certificate plans must show that any excavations associated with the proposed curved crossing will be setback at a minimum radius of 5 metres off its trunk, measured off its outside edge at ground level.

 

c.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property in this area will need to be located either along the western site boundary, or; hard up against the western side of the curved crossing.

 

d.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 4 metres on all four sides (measured off the outside edge of its trunk at ground level), so as to completely enclose the tree for the duration of works, to which, shade cloth or similar shall be attached, from ground level to the top of the fencing.

 

e.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER". Council’s Landscape Development Officer may be contacted on 9399-0613 should any issues arise with installation of the TPZ.

 

f.        In order to prevent soil/sediment being washed into the TPZ, and over its root system, erosion control measures shall be provided around the perimeter of the TPZ at ground level.

 

g.       Any alterations to existing ground levels along the western side of the curved crossing must be graded smoothly and evenly so as to match back in with the existing levels.

 

h.       The applicant is not authorised to perform any works to this tree, 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, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

i.        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.

 

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

 

k.       A refundable deposit in the form of cash, credit card or cheque for an amount of $2,500.00 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 tree.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

12.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority. 

 

BASIX Requirements

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

 

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

 

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

 

Site stability and construction work

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

 

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

 

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

 

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

 

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

 

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

 

Building & Design

15.     Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

16.     Street and unit numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

         

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

 

17.     Power supply and telecommunications cabling to the development shall be underground.

 

18.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

19.     The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

20.     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.

 

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

 

Traffic conditions

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

 

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

 

Alignment Levels

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

       

         Driveway

·           RL 21.10 (AHD) western edge

·           RL 21.00 (AHD) eastern edge

 

Pedestrian entrances

·           RL 21.05 (AHD)

 

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

 

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

 

24.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $834 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.

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

26.     The written approval of Council is required to be obtained in relation to all drainage and infrastructure works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a professional engineer is to be provided to Council upon completion of the works.

 

Relevant Council Assessment and Inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

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

 

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

 

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

 

i)     Council’s street drainage system located in Yorktown Parade via a private drainage easement through adjoining land/premises; or

 

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

 

If the owner/applicant is able to demonstrate to Council that he/she has been unable to procure a private drainage easement through adjoining premises and the ground conditions preclude the use of an infiltration system, a pump-out system may be permitted.

 

Pump-out systems must be provided with two pumps 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. All pump-out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

f)      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 and prior to discharging the stormwater to any absorption/infiltration system.

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

p)     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

q)     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

               

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

 

Waste  Management

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

 

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 Dilapidation Reports

31.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

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

 

Construction Site Management Plan

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

 

·            location and construction of protective site fencing / hoardings;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            details of proposed sediment and erosion control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            location and size of waste containers/bulk bins;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details;

·            provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·            Details of hazardous materials (including asbestos)

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

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

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

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

·        Other relevant details, measures and requirements to be implemented

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

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Public Liability

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

 

Landscaping

36.     The PCA must ensure that the Landscape Plan by Taylor Brammer Landscape Architects, dwg no LA01, job no 12-064S, revision B, dated 11.07.2012 has been amended/updated to reflect any of the architectural changes that have been made to this current scheme.

 

Civil Works

37.     A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed driveway and any other works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

Construction Traffic Management

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

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

         

Public Utilities

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

 

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

 

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

 

 

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

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

 

Building & Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011 & Regulations

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

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

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

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

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

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

 

Notes:

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Site Signage

51.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

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

 

Survey Requirements

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

 

·        prior to construction (pouring of concrete) of footings and boundary retaining structures,

·            prior to construction (pouring of concrete) of each floor slab,

·            upon completion of the building, prior to issuing an Occupation Certificate,

·            as otherwise may be required by the PCA.

 

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

 

Building Encroachments

54.     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

55.     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)     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.

 

b)     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)     Relevant Road / Asset Opening Permit fees, construction 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.

 

d)     The owner/developer 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 or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)      Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Traffic Management

56.     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.

 

57.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

Stormwater Drainage

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

 

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

 

            Tree Removal

59.     Approval is granted for removal of the following, subject to full implementation of the approved landscaping:

 

a)          The group of shrubs in the front yard, close to the front boundary, including the two Callistemon viminalis (Bottlebrush);

 

b)          In the rear yard, the self-seeded Grevillea robusta (Silky Oak) and other shrubs/small trees along the western boundary, close to the southwest corner of the existing dwelling, as well as the other group of shrubs/small trees around the southeast corner of the site.

 

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

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

 

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

 

Fire Safety Certificates

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

 

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

 

Structural Certification

62.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

BASIX Requirements & Certification

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

 

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

 

Occupant Safety - Windows

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·        Other appropriate effective safety measures or barriers.

 

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

 

Noise Control Requirements & Certification

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

 

In this regard, the operation of the plant and equipment 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 and Heritage (EPA) Noise Control Guidelines.

 

66.     A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment and Heritage (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

67.     The owner/developer must meet the full cost for Council or a Council approved contractor to:

 

a)   Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in accordance with the approved plans.

 

NOTE:

The crossing must maintain a minimum 5.0m setback from the Ficus rubiginosa (Port Jackson Fig) on Council’s verge, refer also to Street Tree Protection condition.

 

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

c)   Construct a concrete footpath between pedestrian entrance and vehicle crossing to Council’s specification.

d)   Install bollards on both sides of new crossing consistent with neighbouring driveways.

 

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

 

69.     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.

 

Landscaping

70.     Prior to issuing a Final (or any type of interim) Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to the PCA, confirming that landscaping at this site has been installed substantially in accordance with the Landscape Plan by Taylor Brammer Landscape Architects, dwg no LA01, job no 12-064S, revision B, dated 11.07.2012, and relevant conditions of consent, with the owner/s to implement strategies to ensure that it is maintained in a healthy and vigorous state until maturity.

 

71.     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.

 

Service Authorities

Sydney Water Requirements

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

 

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

 

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

 

Stormwater Drainage

73.     A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration/pump-out 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.

 

74.     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/wet wells;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

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

 

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

 

76.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all ground/seepage water in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent.

 

Waste Management

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

 

78.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

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

 

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

 

Fire Safety Statements

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

 

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

 

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

 

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

 

Stormwater Detention/Infiltration  System

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

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

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

 

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

 

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

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

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

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

 

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

 

A8      External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

A9      Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A11     A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

A12     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A13     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A14     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.

 

A15     Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

A16     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.

 

A17     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                                                                                                 14 May 2013

 

 

Development Application Report No. D35/13

 

 

Subject:                  175-249R Arden Street, Coogee (DA/150/2013)

Folder No:                   DA/150/2013

Author:                   Planning Ingenuity, Pty Ltd     

 

Proposal:                     Construction of a memorial for fallen life savers at southern end of Goldstein Reserve consisting of a sculpture, memorial wall, flagpole, retaining walls, stairs, paved and turfed areas, landscaping and lighting

Ward:                      East Ward

Applicant:                Randwick City Council

Owner:                         Crown Lands

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The proposal is for the construction of a memorial for fallen life savers at the southern end of Goldstein Reserve consisting of a sculpture, memorial wall, flagpole, retaining walls, stairs, paved and turfed areas, landscaping and lighting.

The proposal was exhibited between 27 March 2013 and 12 April 2013. A total of 7 objections were received in relation to the proposal.

 

The development application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979. The proposal is considered to be entirely consistent with the provisions of State Environmental Planning Policy No. 71 – Coastal Protection and the Randwick Local Environmental Plan 2012.

 

Following detailed assessment it is recommended that the Development Application 150/2013 be approved subject to the conditions of consent contained within this report.

 

2.    The Proposal and Background

 

The proposal is for the construction of a memorial for fallen life savers at southern end of Goldstein Reserve consisting of a sculpture, memorial wall, flagpole, retaining walls, stairs, paved and turfed areas, landscaping and lighting.

 

The Mayoral Minute No. MM48/12 on 26 June 2012 outlined the history, the desire for the project and the future steps required in realising this project in partnership with Surf Life Saving Australia, State and Federal Governments. This Minute was endorsed by Councillors for action. Notwithstanding, the proposal must still be assessed in accordance with the relevant environmental and planning legislation.

 

3.    The Subject Site and Surrounding Area

 

The subject site is Goldstein Reserve, which is immediately to the east of Coogee Beach. This reserve is landscaped with turf, mature trees, formal landscaping and picnic shelters. The Coogee Beach Surf Life Saving Club is also located within the reserve. The proposal relates to the southern end of Goldstein Reserve, just north of Carr Street. A location map at Figure 1 depicts the subject site.

Figure 1: Location Map

 

4.    Site History & Surrounding Locality

 

The site is known as No. 175-249R Arden Street, Coogee and is known as Goldstein Reserve. Figure 2 is an aerial photograph depicting the extent of the proposed works.

 

Figure 2: Aerial Photo of the relevant portion of Goldstein Reserve

 

5.    Site History

 

The overall site is irregular in shape and was previously paved and formed part of Beach Street, which ran along the present day pedestrian promenade. The road has since been closed and the space returned to public parkland.

 

The site’s character has been changed significantly since the road closure. Since this time the subject site has been turned into public recreation space with the establishment of turfed areas, sea walls, paths, shelters and shrubs. The subject application is related to the southern end of Goldstein Reserve, north of Carr Street, to an approximate area of 1,000m2. The following Figures 3-5 depict this location.

 

Figure 3: Southern end of Goldstein Reserve looking south

 

Figure 4: Southern end of Goldstein Reserve looking east.

Figure 5: Southern end of Goldstein Reserve looking south-east

 

To the east of the proposed development area is a pedestrian walkway and associated sea wall following the edge of Coogee Beach. These elements are to remain unaltered as part of the proposal. To the north and west is the Goldstein Reserve and to the south are numerous commercial premises, serviced apartments and residential units. In addition, directly adjoining to the south-east is the Coogee Surf Life Saving Club.

 

6.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. The application was placed on exhibition from 27 March 2013 to 12 April 2013. In addition, the application was also advertised in the local newspaper on 26 March 2013.  As a result of this notification, the application received 7 submissions from the general public, all of which were objections to the development proposal as detailed below in Section 5.1.

 

6.1      Objections

The following table provides a summary of the objections received in relation to the subject development application:

 

Issue

Comment

Coogee Precinct

-   Illogical location for memorial

 

 

 

 

 

 

-   Memorial itself is too large

 

 

 

 

 

-   Removes garden bed buffer and erodes natural space

 

 

 

 

 

 

 

-   Monument itself not necessary

 

 

 

 

 

-   Concerns about vandalism

 

 

 

 

 

 

 

 

-   Concerns with the proposed barrier

 

 

 

 

 

-   Cost of the project and upkeep is too high

 

 

 

 

 

-   Potential for increased noise and parking concerns.

 

 

 

 

 

 

 

 

 

-   Incompatible with surrounding buildings

The monument is located in close proximity to Coogee Surf Life Saving Club within a public reserve. The general philosophy for choosing this location (over other beachside locations) is not a matter for planning assessment.

 

The scale of the overall works are considered to be reasonable in the context of overall size of Goldstein Reserve and presents no issues of scale in the surrounding environment.

 

The surrounding environment is considered to be heavily modified from its natural state. Whilst there is the removal of some vegetation, this vegetation is not remnant and Council’s Bushland and Coastal Walk Open Space Team have advised that the project will have no significant impact on local biodiversity.

 

The removal of vegetation will be offset by new terraced planting beds that will complement the hardscape elements proposed.The necessity of the proposal is not a matter for planning assessment.

 

The monument and surrounding areas have been designed to include appropriate lighting intended to reduce instances of vandalism. A condition of consent will be applied to ensure graffiti is removed as soon as practical and maintenance is carried out at regular intervals.

 

The proposed barrier is considered to be comparable in size and scale to the existing fence behind the embankment, and is essentially a replacement of that fence.

 

Cost of the project is not a matter for planning assessment, nor is upkeep. Notwithstanding, the proposal does not incorporate any elements that are considered to present significant maintenance burdens.

 

The proposed memorial is not expected to increase demand for car parking or increase overall noise levels in the area on typical days. This may differ on special memorial days (such as ANZAC day) however this is considered entirely typical of urban monuments and memorials and is reasonable in the circumstances. Depending on the magnitude of events, separate approvals may be necessary.

 

The proposal is considered to be a subtle addition to the southern part of the reserve and is not incompatible with the surrounding buildings in any way.

Leeton Avenue, Coogee

-   Fails to deliver message of the dual-roles of lifesavers.

 

-   The memorial should be located within the home town of the first lifesaver and all names of fallen lifesavers should be included.

The detailed design of the monument is not a matter for planning consideration.

154 Beach Street, Coogee

-   There is no reason for a stand alone memorial for surf lifesavers.

-   Reservations over the section of Coogee beach as the location for the memorial.

-   Objection to the cost of the memorial.

-   There is no need for additional memorials in Coogee.

-   The proposal may create additional parking issues.

 

-   This project will alienate parkland.

These are generally not matters for planning assessment. The siting of the monument is considered to be appropriate and its design is acceptable in planning terms.

 

 

 

 

 

 

 

The proposed memorial is not expected to increase demand for car parking or increase overall noise levels in the area on typical days. However, this may differ on special memorial days (such as ANZAC day). This is considered entirely reasonable in the circumstances.

The proposal is complementary to the open space found within Goldstein Reserve and will provide the valuable addition of contemplative space within this urban context. The provision of such spaces in urban parkland settings is not unusual and is considered to enhance diversity of experience within this space.

Thomson Lawyers

-   The memorial is too large and impacts on open space with too much hard paved area.

 

 

 

 

 

-   The memorial takes away an existing vegetation buffer.

 

 

 

 

 

 

 

-   The tiered walls will attract congregation and may become damaged.

 

 

 

 

 

 

-   The sculpture will become a target for vandalism.

 

-   The sculpture undermines the significance of the Bali memorials.

 

-   The sculpture is low on artistic appeal.

 

 

-   Questions over the on-going cost of the memorial to ratepayers.

 

-   Coogee does not have the infrastructure to deal with additional memorial events.

 

 

 

-   The connection between Anzac troops and surf lifesavers is confusing.

 

-   The sculpture should remain without the extensive surrounding landscaping works.

The scale of the proposal is considered appropriate given the surrounding context. The amount of hard-paved area is considered to balance the functional and access needs of the formal memorial space, whilst still providing adequate surrounding open grassed area.

 

The surrounding environment is considered to be heavily modified from its natural state. Whilst there is the removal of some vegetation, it is not considered to be significant and the removal will be offset by some new plantings and well designed hardscape elements suitable to the urban beachside context.

 

The tiered walls will provide public seating/viewing areas adjacent to the foreshore which is their very purpose (in addition to retaining). There is no reason to anticipate damage beyond that which would be typical of other hardscape/landscape elements in the locality.

 

The proposal has been designed to minimise vandalism as far as practicable.

 

This is not a matter for planning assessment.

 

This is not a matter for planning assessment, however in visual terms, the memorial is considered to be acceptable.

 

This is not a matter for planning assessment.

 

The proposed memorial is not expected to increase demand for car parking or increase overall noise levels in the area on typical days. Events are likely to be infrequent and could be planned for on a specific basis.

This is not a matter for planning assessment.

 

 

The proposal has been assessed as submitted. There is no reason to exclude the proposed landscape works.

56 Carr Street, Coogee

-   Concerns of the cost of the statute and upgrade works.

-   Additional memorials in Coogee are not needed.

 

-   The scale of the project is considered unnecessary.

-   A location adjacent to the SLSC would be more appropriate.

This is not a consideration for planning assessment.

As above.

 

 

The scale of the proposal is considered to be acceptable in light of the site context.

The location is in close proximity to the club.

Kurrrawa Avenue, Coogee

-    Proposal will removal bushland and destroy coastal amenity.

 

 

 

 

-    The proposed statue will impact on views.

 

 

-   Additional memorials in Coogee are not needed.

 

There is no remnant bushland on the project site. The removal of the existing native shrubs are not considered to have a significant impact on biodiversity of the locality.

 

The statue is low in scale (total height of 2.2m) and is not considered to impact on views of the foreshore.

 

This is not a consideration for planning assessment of the proposal.

Unknown address

Concerns about the masculine influence of the sculpture.

The artistic merit of the statue is not a consideration for the planning assessment of this proposal.

 

6.2 Support

There were no submissions received in support of the proposal.

 

7.    Technical Officers Comments

 

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

 

Development Engineers

Council’s Development Engineers had the following comments on the proposal: -

 

Lighting Comments

Council’s Development Engineering Coordinator and Coordinator of Engineering Services have expressed concern on the amount of overhead lighting that is proposed to be removed and the impacts on public safety.

 

Up to 5 existing light poles are proposed to be removed along the pedestrian promenade and replaced with low level lighting around the proposed stairs and sculpture. This was not acceptable to the Coordinator of Engineering Services.

 

It was determined that this issue could be addressed by inserting a relevant condition in any consent. A condition has been placed in this report requiring the amount of overhead lighting to be retained at existing levels and new lighting to be provided in accordance with Australian Standards.

 

Landscape Comments

The inspection of 23 April 2013 revealed that within Council’s paved Carr Street footpath, to the south of the proposed works, there are a row of three, evenly spaced Araucaria columnaris (Cooks Pines) of between 6-10m in height which appeared in good health and condition, are covered by the TPO due to their location on public property, and are part of a formal scheme incorporating this species as well as Norfolk Island Pines throughout the entire Coogee Beach precinct.

 

While there are no external works that would pose a direct threat to these trees, the Site Management Plan (dwg NMFLS-DA-A2) does show that a ‘temporary construction zone’ and ‘site access and traffic control point’ will be provided in/off Carr Street, just to the west of the central tree.

 

Discussions with Council’s Development Engineer confirmed that the required Work Zone will likely need to be bigger than what has been shown on the plans, and while measures will need to be applied to ensure the trees are not affected by secondary impacts such as damage by trucks and similar, site safety fencing is shown as encroaching 1m out onto the public footpath, so the standard measure of physically protecting these trees with fencing will not be possible as this would further reduce the available footpath width, so conditions that require trunk protection only have been included in this report, which will be sufficient to ensure their preservation.

 

Due to its frontline coastal location, Goldstein Reserve is one of the most popular and prominent public parks in the whole LGA, experiencing high usage at all times of the day, and all year, with the existing garden bed which is the subject of this application originally provided as part of the Beach Street road closure and major park upgrade that was undertaken in the early 1990’s.

 

This area falls gently from the picnic shelters, levelled lawn area, and post and rail fence at the western extent of the scope of works, to where it meets the paved promenade and sandstone wall, and contains mostly a mixture of low growing coastal plants and shrubs such as Westringia fruticosa (Coastal Rosemary) and Lomandra longifolia (Lomandra).

 

Despite being native species, they are not remnant, so hold no major benefit to the local environment, and due to a combination of the slope and density of vegetation, this garden bed has been poorly maintained, with the creation of formal terraces and new plantings seen as a positive outcome that will rejuvenate the area, so is supported. 

 

At the southern end of this garden is a group of four Banksia integrifolia (Coastal Banksia’s), of between 4-6m in height, which along with other trees in this area benefit local fauna while also assisting with environmental amenity by partially screening out the bulky, visually obtrusive high rise units when viewed from the promenade, so are seen as a valuable feature of this area. 

 

The submitted Landscape Plan (dwg NMFLS-DA-E) shows that the small dead Banksia in the is group will be removed, with the other three to be retained and incorporated as existing site features into the works, with paved ‘all access’ paths and retaining walls/terraced planting to be provided to their east and west, and so measures to ensure they are not adversely impacted by excavations, compaction of the soil profile and similar have needed to be included.

 

The other stand of mature Coastal Banksia’s to the north, adjacent the existing access stairs will not be affected as they are beyond the extent of works, and will be physically excluded by the perimeter safety fencing.

 

The SEE explains that this proposal has been assessed against the relevant criteria of State Environmental Planning Policy no.71 – Coastal Protection, and confirms that it will not detract from environmental amenity and scenic qualities of the area, and while the SEE also details that point 4.4 of the Plan of Management for Coogee Beach and Foreshore supports this proposal, a review of that document did not find any specific references to such a facility; but regardless, increased access and usage is a main theme of the recommendations, so this proposal can be supported.

 

8.    Master Planning Requirements

 

There are no relevant Master Planning requirements.

 

9.    Relevant Environmental Planning Instruments

 

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

 

(a) State Environmental Planning Policy No. 71 – Coastal Protection; and

(b) Randwick Local Environmental Plan 2012.

 

(a)    State Environmental Planning Policy No. 71 – Coastal Protection

State Environmental Planning Policy No. 71 –Coastal Protection is applicable to the proposed development. In accordance with Part 2, Clause 8 ‘Matters for consideration’, the following subclauses are noted with comments provided below:

 

“(b)  existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

(c)    opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

 

Comment: Disabled accessibility has been given strong consideration within the proposal. Disabled access to the existing foreshore pathway will not be compromised during or after the proposed works. The memorial site itself proposes two new DDA compliant access pathways with ramps from Carr Street into the memorial site, which will overall enhance accessibility within Goldstein Reserve.

 

(d)  the suitability of development given its type, location and design and its relationship with the surrounding area,

 

Comment: The location is within close proximity to Coogee Surf Life Saving Club, in an urban parkland setting. The development is considered to be appropriate to the setting, will not dominate the natural landscape and will not generate any adverse amenity impacts on surrounding uses.

 

(e)    any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

(f)    the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,”

Comment: The proposal is of an acceptable scale and appropriately responds to the contours of the Goldstein Reserve. The proposal will not be of detriment to any existing views from public or private property and will not cause any overshadowing. Scenic qualities are acceptable for a formal urban landscape element and the proposal will contribute positively to the diversity of experience within the public open space. The tiered seating solution will allow viewing of the beach and waterfront.

 

In accordance with Part 4, Clause 14 ‘Public Access’, the following is noted with comments provided below:-

 

A consent authority must not consent to an application to carry out development on land to which this Policy applies if, in the opinion of the consent authority, the development will, or is likely to, result in the impeding or diminishing, to any extent, of the physical, land-based right of access of the public to or along the coastal foreshore.”

 

Comment: The development enhances public accessibility to the foreshore through the establishment of new paths, steps and ramps associated with the proposed works. This facilitates disabled access from Carr Street to the location of the memorial.

 

In accordance with Part 4, Clause 16 ‘Stormwater’, the following is noted with comments provided below:-

 

“The consent authority must not grant consent to a development application to carry out development on land to which this Policy applies if the consent authority is of the opinion that the development will, or is likely to, discharge untreated stormwater into the sea, a beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or onto a rock platform.”

 

Comment: The proposal will maintain existing stormwater connections. The proposal does increase the amount of impervious areas, however this increase is unlikely to substantially increase stormwater discharge onto the beach area. The quality of the untreated stormwater is also unlikely to change as a result of this memorial area. Council’s standard conditions of consent will include the requirement for installation of appropriate erosion and sediment control measures prior to the commencement of works. These works will be maintained until the site is stabilised to minimise any sediment entering the marine environment.

 

(b)    Randwick Local Environmental Plan 2012

The site is zoned RE 1 under Randwick Local Environmental Plan 2012. The following is the relevant extract from the RE1 Zoning Table:

 

“Zone RE1   Public Recreation

1     Objectives of zone

•    To enable land to be used for public open space or recreational purposes.

•    To provide a range of recreational settings and activities and compatible land uses.

•    To protect and enhance the natural environment for recreational purposes.

•    To protect, manage and restore areas with high biodiversity, ecological and aesthetic values, including buffer areas and habitat corridors.

 

2      Permitted without consent

Environmental facilities; Environmental protection works; Flood mitigation works; Roads

 

3     Permitted with consent

Animal boarding or training establishments; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Child care centres; Community facilities; Heliports; Horticulture; Information and education facilities; Jetties; Kiosks; Markets; Passenger transport facilities; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Water recreation structures

 

4   Prohibited

Any development not specified in item 2 or 3”

 

The proposal is considered to be consistent with the objectives of the zone. The development proposal continues to enable land to be used for public open space and assists in broadening the availability of contemplative or reflective space within the precinct.

 

The proposal falls within the definition of a Recreation Area which is defined as follows:

“recreation area means a place used for outdoor recreation that is normally open to the public, and includes:

(a)  a children’s playground, or

(b)  an area used for community sporting activities, or

(c)  a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).”

 

Recreation areas are permissible without consent.

 

The site is not affected by a Foreshore Building Line and is not within a Foreshore Scenic Protection Area.

 

Clause 5.5 relates to development within the coastal zone. In accordance with the NSW Coastal Protection Act 1979 “Coastal Zone” mapping, the subject site is classified as being located within the coastal zone. As such, Clause 5.5 applies and is discussed below.

 

Subclause (1) relates to the objectives of the clause. It is considered that the proposal is consistent with the objective for the following reasons:

 

-      The proposal seeks to provide increased opportunities for pedestrian access to the coastal foreshore;

-      The proposed works will enhance the recreational attributes of the NSW coast;

-      The proposal is of a size which is appropriate for the location; and

-      The proposed works respect the natural scenic quality of the area.

 

The following subclauses (2) and (3) relate to matters which the consent authority must consider and be satisfied with, respectively. These are stated as follows:

 

“(2)  development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:

(a)   existing public access to and along the coastal foreshore for pedestrians (including persons with a disability)

(b)   the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality

(c)   the impact of the proposed development on the amenity of the coastal foreshore

(d)    how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected

(e)   ow biodiversity and ecosystems can be conserved

(f)    he cumulative impacts of the proposed development and other development on the coastal catchment.”

 

Comment: The proposal is considered to improve access along the foreshore through the inclusion of additional steps, paths and ramps. The proposal is also considered to have low visual impact and does not impact on the natural scenic quality, biodiversity/ecosystems of the area, nor does it have any cumulative development impact. This is the case because no significant vegetation is to be removed and any vegetation that will be removed will not impact on marine life or the natural environment.

 

“(3)  Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:

(a)   the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and

(b)   if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(c)   the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(d)   the proposed development will not  be significantly affected by coastal hazards, or  have a significant impact on coastal hazards, or increase the risk of coastal hazards in relation to any other land.

 

Comment: The consent authority is satisfied that that proposal does not impede access to the foreshore, does not provide any effluent run-off, will not discharge stormwater onto any coastal item, will not be significantly affected by coastal hazards or increase the risk of coastal hazards to adjacent properties.

 

In accordance with Schedule 5 and the associated mapping the subject site is not a listed heritage item. However, the site is in close proximity to 3 identified heritage items being; I57 Sandstone Wall, 111-131R Beach Street, I58 Ross Jones Memorial Pool, 133R Beach Street and I76 - Grand Pacific Hotel, 64 Carr Street. The proposal does not have any impact on the heritage significance of these three items nor does the proposal detract from the heritage setting of these items.

 

There are no other clauses within the LEP of relevance to the proposal.

 

 

9.1 Policy Controls

 

(a) Randwick Development Control Plans

The proposal was exhibited in accordance with the DCP “Public Notification of Development Proposals”. There are no other DCP requirements directly applicable to the proposal.

 

(b) Coogee Beach Foreshore Plan of Management 1997

As the subject site is located within the Goldstein Reserve, the site falls under the Coogee Beach Foreshore Plan of Management study area. The Plan of Management provides the following future directions which are to be taken into consideration for development proposal affected by the Plan of Management. These are as follows:

 

“... in assessing any proposal for change within the study area, the following questions must be asked:

-     Is it needed?

-     Does it comply with the values, principles and strategies that underpin the plan of management?

-     Does it represent the best solution?

-     Is there another way to suitably address needs which has less physical, social or economic impact?

-     Is it sustainable environmentally, economically and socially?”

 

In addition, Part 3.3 of the policy states the following:

 

“Maintain Goldstein Reserve and the beach as the main activity focus of the open space system”.

 

Goldstein Reserve is a significant recreation space within Coogee. As such, careful consideration is required. The proposal for a public monument is considered to complement recreational facilities within the park such as shelters, barbecues and the like providing for a diversity of experiences. Enhanced landscaping, seating areas, walkways, lighting and plants seek to modernise the southern section of the park, whilst also providing contemplative space for the general public and members of the Surf Life Saving Club. The work is considered to provide significant urban design benefit and will also enhance the recreation space to provide a viewing space for the beach.

 

10. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

State Environmental Planning Policy No. 71 – Coastal Protection

Dealt with above in Section 8 (a) of this report. The proposal is considered to comply fully with the matters for consideration under SEPP No. 71.

Randwick Local Environmental Plan 2012

The site is zoned RE1 – Public Recreation under Randwick Local Environmental Plan 2012 and the proposal is permissible as a ‘recreation area. Moreover, the proposal is consistent with the aims of and the specific objectives of the RE1 zone in that the proposed development will enhance the existing public open space and provide a well designed contemplative space which will likely convey social benefit for the locality. The proposal is considered to meet the provisions of Clause 5.5 relating to development within the coastal zone.

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 has been notified in accordance with the provisions of the DCP. There are no specific controls relating to the assessment of public monuments.

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

Natural Environment

The existing vegetation on the site is located on a gentle east facing slope and consists of native shrub and grass plantings. These aspects are not part of remnant bushland and their removal has been considered to have no significant impact on local biodiversity by Randwick Council’s Bushland and Coastal Walk Open Space Team.

 

A Geotechnical Report has been submitted with the development application by JK Geotechnics. This report provides recommendations for construction of the facility. This report has been considered by Council’s Development Engineers and can be addressed by specific conditions of consent for the proposal.

 

Built Environment & Heritage

The proposed works involve the installation of several retaining walls, paths, paved areas and lighting, all of which are considered to be contemporary in design whilst being complementary to the existing infrastructure in the park. As a result, the proposed works will positively contribute to the enhancement of Goldstein Reserve.

 

The proposed works are considered to have been appropriately designed to facilitate formal memorial events whilst still providing informal recreation space for the general public. The proposed works have been designed to meet full DDA compliance. The proposal has also been designed to minimise instances of vandalism, however a suitable maintenance policy will be required to be implemented as a condition of consent to ensure the upkeep of this prominent memorial site. The proposed works do not provide any overshadowing impacts and do not significantly impede any existing views of the foreshore.

 

An underground electrical supply line is located adjacent to the proposed works area, but will not be affected by the proposal. In addition, two Sydney Water Sewer lines are located within the proposed works area, but are not considered to pose an impact due to their depth. A condition of consent will be imposed regarding the liaison with a Sydney Water accredited assessor if required.

 

With regards to the heritage impact of the proposal, there are 3 identified heritage items within close proximity to the subject site. They are: I57 Sandstone Wall, 111-131R Beach Street, I58 Ross Jones Memorial Pool, 133R Beach Street and I76 - Grand Pacific Hotel, 64 Carr Street. The proposal does not have any impact on the heritage significance of these items nor does the proposal detract from the heritage setting of these items.

 

Social Impact

The proposal development is considered to have positive social impact. The primary purpose of the proposal is to provide memorial space for fallen life savers. The application is considered to fulfil this objective.

 

The proposed works are considered to have been appropriately designed to facilitate formal memorial events on special occasions, whilst still providing informal contemplative and reflective space for the general public on typical days. In addition, access is provided for all through the inclusion of appropriate ramp grades.

 

These attributes of an accessible public meeting place for formal and informal usage is considered to create equality and the proposal will have a positive social impact by way of improving the appearance, function and amenity of the public domain. Social capital will be promoted through this newly created informal and formal public space.

 

The possibility of vandalism/graffiti is considered to be a negative. However, this can be addressed through an appropriate management/maintenance plan (as noted as a condition of consent).

 

On the whole, the proposal has positive social impacts.

 

Economic Impact

The proposed upfront cost of the proposal and on-going maintenance is a matter for Council policy and funding consideration. These aspects do not have an impact on the environmental and planning aspects of this assessment report. In any case, the proposal is not considered to have any significant economic impact.

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

The site is located in close proximity to local community services, retail facilities and is within public space fittingly adjacent to the beach. The site has sufficient area to accommodate the proposed land use and associated structures. The location for the memorial is considered appropriate as it is located adjacent to the Coogee Surf Life Saving Club, which will have the most significant connection to the proposed memorial.

 

The proposal will have no detrimental impacts on the continued use of Goldstein Reserve for the purposes of recreation. 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 subject development application has attracted a considerable level of public interest and comment, which is to be expected for a public domain project of this scale in Coogee. The submissions have included several comments in relation to the proposed scale of the memorial, the cost, the sculpture design itself and also comments regarding the selection of the site for the memorial and the possible detraction of other memorial sites within Coogee. In general, these items are a matter for Council policy and finances rather than for environmental and planning assessment. As noted throughout the Section 79C assessment, the proposal has been considered on its merits given the lack of specific controls relating to this type of development under the applicable environmental planning instruments.

 

Despite this, the proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Specifically, the proposal has been designed to enhance social cohesion and public recreation space within Coogee. The memorial will serve as reflective space within Goldstein Reserve, which is closely linked to the Coogee Surf Life Saving Club. Accordingly, the proposal is considered to be in the public interest of the broader community.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Directions:        Strong partnerships between the Council, community groups and government agencies. New and upgraded community facilities that are multi-purpose and in accessible locations. Barrier free access to community facilities is provided.

Outcome 3:       Excellence in urban design.

Directions:        Improved design and sustainability across all development. New and existing development is managed by a robust framework.

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Directions:        Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

 

Financial Impact Statement

 

There estimated cost of the project is $762,547.

 

Conclusion

 

The application is for the construction of a memorial for fallen life savers consisting of a sculpture, memorial wall, flagpole, retaining walls, stairs, paved and turfed areas, landscaping and lighting.

 

The development is permissible within the RE1 zone. The proposal is considered to enhance the recreational qualities of Goldstein Reserve through the establishment of attractive and contemporary, contemplative space to honour fallen lifesavers. This space will facilitate formal and informal use of public space accessible to all, which will provide the opportunity to create social cohesion.

 

The subject development application has attracted a considerable level of public interest and comment, which is to be expected for a public domain project of this scale in Coogee. However the most significant aspects raised were in relation to the need, cost, location and size of the memorial itself. These aspects are a matter for Council policy and finances, rather than environmental and planning consideration. This report is only an assessment of the proposal to Council as it stands at present and is not required to consider alternatives to the proposal.

 

The development application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979, the provisions of the Randwick Local Environmental Plan 2012 and all relevant Council DCPs, Codes and Polices. Following detailed assessment it is considered that the Development Application 2013/150 is approved subject to the following conditions of consent.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 150/2013 for the construction of a memorial for fallen life savers at southern end of Goldstein Reserve consisting of a sculpture, memorial wall, flagpole, retaining walls, stairs, paved and turfed areas, landscaping and lighting at No. 175-249R Arden Street, Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

NMFLS-DA-A1- Site Analysis

 

Thompson Berrill Landscape Design P/L

 

15/03/13

 

15/03/2013

NMFLS-DA-A2 – Site Management

NMFLS-DA-B1 – General Arrangement Plan

NMFLS-DA-B2 - Elevations

NMFLS-DA-B3 – Sculpture details

NMFLS-DA-E – Landscape Plan

NMFLS-DA-F – Drainage Plan

NMFLS-DA-G – Sediment and erosion control plan

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

 

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

 

2.       The applicant is to liaise with Sydney Water and any other relevant service provider during the detailed engineering and construction phases to ensure the safety of workers and the general public and the continuation of essential services during this time. Confirmation of liaison with Sydney Water is to be provided with any Construction Certificate application.

 

3.       Prior to the application for a construction certificate the applicant shall submit an amended lighting plan to be approved by Council’s Coordinator of Engineering Services that demonstrates compliance with the following requirements;

 

§ The amount of overhead lighting shall be adequate to allow for safe and well-lit public spaces along the promenade.

 

§ The lighting is to be provided in accordance with the relevant Australian Standards

 

§ Full details are to be provided on how the proposed lighting is going to be served (Eg connection to existing street lighting system, separate meter/s etc)

 

4.       A separate written approval from Council is required to be obtained in relation to all works within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

        Stormwater Drainage

6.       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.

 

7.       The drainage system shall be designed and installed in general accordance with the Drainage Plan submitted with the application by Thompson Berrill P/L Drawing No. NMFLS-DA-F and stamped by Council 15th March 2013.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Public Utilities

8.       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.

 

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

 

Construction Traffic Management

10.     As it appears construction related activities will require the reserving of on-street parking in Carr St 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 Carr Street. 

 

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.

 

Works Zones 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.

 

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

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

REQUIREMENTS 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.

 

12.     A Management and Maintenance Strategy for the proposed memorial is to be prepared to ensure the location is kept clean and in a state fit for public use at all times. Graffiti prevention and removal is to be considered within this policy.

 

Tree Protection Measures

13.     In order to ensure retention of the row of three Araucaria columnaris (Cooks Pines) within Council’s Carr Street footpath, to the south of the proposed works, as well as the stand of three Banksia integrifolia (Coastal Banksia’s) at the southern end of the existing garden bed within Goldstein Reserve in good health, the following measures are to be undertaken:

 

a.       All documentation must show the retention of these public trees, with the position and diameter of both their trunks and canopies to be clearly and accurately shown in relation to the proposed works, as well as to any temporary access points.

 

b.       Any excavations associated with the installation/redirection of services, pipes, stormwater systems or similar across the footpath must be located an equal distance between the trunks of the Cooks Pines, and for within the reserve, a minimum distance of 2 metres from the Coastal Banksia’s, measured off the outside edge of their trunks at ground level.

 

c.       Any roots from the Banksia’s which are encountered during excavations for the new retaining walls/terraces, paved pathways and drainage works and need to be cut cleanly must be pruned cleanly by hand, and are not to be left exposed to the atmosphere, with the affected areas to be backfilled with clean site soil as soon as practically possible.

 

d.       Prior to the commencement of any site works, their trunks are to be physically protected by geo-textile, underfelt, carpet or layers of Hessian, from ground level up to a height of approximately 2m (or to the first rung of branches), to which, 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed vertically around their circumference, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO NAILING TO THE TRUNK.

 

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

 

f.        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 around their trunks, or, placed in an area where these materials could run-off towards the trees, with all Site Management Plans needing to acknowledge these requirements.