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

 

MINUTES OF Planning Committee Meeting of the

Council of the City of Randwick HELD ON

Tuesday, 11 June 2013 AT 6:28pm

 

Present:

 

The Mayor, Councillor T Bowen (East Ward)

 

North Ward                                           -  Councillor K Smith (Chairperson)

                                                            

South Ward                                          -  Councillors R Belleli, D’Souza &

                                                             P Garcia

 

East Ward                                            -  Councillors M Matson & B Roberts

                                                              

West Ward                                           - Councillors G Moore & H Stavrinos

 

Central Ward                                        - Councillors A Andrews, T Seng &

                                                            G Stevenson (Deputy Chairperson)

Officers present:

 

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J  Frangoples

Director City Planning                                       Ms S Truuvert

Director Governance & Financial Services             Mr G Banting

Manager Development Assessment                     Mr K Kyriacou

Communications Manager                                  Mr J Hay

Senior Administrative Coordinator                       Ms J Hartshorn

 

Apologies/Granting of Leave of Absences 

 

Apologies were received from Crs Nash, Neilson and Shurey.

 

RESOLVED: (Mayor, Cr Bowen/Matson) that the apologies received from Crs Nash, Neilson and Shurey be accepted and leave of absences from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 14 May 2013

PL47/13

RESOLUTION: (Mayor, Cr Bowen/Andrews) that the Minutes of the Planning Committee Meeting held on Tuesday 14 May 2013 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 


Declarations of Pecuniary and Non-Pecuniary Interests

 

a)     Cr Belleli declared a non significant non pecuniary interest in Item D39/13 as a relative known to his mother in law and to him has contacted him for the first time regarding this DA. Cr Belleli also declared that he knows a Councillor who owns a property in the next street.

b)     Cr D’Souza declared a significant non pecuniary interest in Item D39/13 as he owns a property in the vicinity of the application. Cr D’Souza indicated that he would not take part in the debate or the voting on the matter.

c)     The Mayor, Cr Bowen declared a non significant non pecuniary interest in Item D40/13 as he knows the Council staff member who has submitted an objection to the application.

d)     All Councillors present at the meeting declared a non significant non pecuniary interest in Item D44/13 as the applicant for the development application in question is a Councillor.

e)     Cr Roberts declared a non significant non pecuniary interest in Item D39/13 one of the objectors is known to his mother.

f)       Cr Andrews declared a non significant non pecuniary interest in Item D39/13 as he is aware of a number of the objectors.

g)     Cr Andrews declared a non significant non pecuniary interest in Item D40/13 as he knows the Council staff member who has submitted an objection to the application.

h)     Cr Garcia declared a non significant non pecuniary interest in Item D39/13 as a number of the objectors are known to him.

i)        Cr Moore declared a pecuniary interest in Item D44/13 as the applicant for the development application in question. Cr Moore indicated that he would not take part in the debate or the voting on the matter.

j)  Cr Matson declared a significant non pecuniary interest in Item D46/13 as a member of the JRPP.  Cr Matson indicated that he would not take part in the debate or voting on this matter.

k) Cr Garcia declared a significant non pecuniary interest in Item D46/13 as a member of the JRPP.  Cr Garcia indicated that he would not take part in the debate or voting on this matter.

 

Address of Council by Members of the Public

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

Having declared an interest in this Item D39/13 earlier in the meeting, Cr D’Souza left the meeting during the public address on the matter.

D39/13      6 Palmer Street, South Coogee (DA/496/2012)

 

Objector             Louise Capon

 

               Applicant            Randall Parsons

 

D40/13      311-313 Maroubra Road, Maroubra (DEFERRED) (DA/617/1997/C)

 

Applicant           Lewis Adey (representing the applicant)

 

D41/13      86 Dudley Street, Coogee - DA/452/2010/E

 

Applicant           Barry Babikian (representing the applicant)

 

D42/13      31 Midway Drive, Maroubra (DA/628/2012)

 

Objector             Richard Stevenson

 

Applicant           Lauren McMahon (representing the applicant)

 

D43/13      2-6 Goodwood Street, Kensington (DA/195/2012/A)

 

Objector             Rosemary McKenzie

 

Applicant           Lauren McMahon (representing the applicant)

 

Having declared an interest in this Item D46/13 earlier in the meeting, Crs Garcia and Matson left the meeting during the public address on the matter.

D46/13      JRPP report for 20 Stanley Street, Randwick (DA/702/2012)

 

Objector             John Clayton

 

Applicant           Antony Holman (representing the applicant)

 

 

The Meeting was adjourned at 7.42pm and was resumed at 8.00pm.

 

Urgent Business

Nil.

 

Development Application Reports

 

D39/13     Development Application Report - 6 Palmer Street, South Coogee (DEFERRED) (DA/496/2012)

 

 

 

PL48/13

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

 

RESOLUTION: (Mayor, Cr Bowen/Garcia) that the application be deferred for mediation.

 

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

 

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

 

FOR

AGAINST

Councillor Belleli

Councillor Andrews

Councillor Bowen

Councillor Stavrinos

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Total (9)

Total (2)

 

Cr D’Souza returned to the meeting at this point (8.17pm).

 


 

 

D40/13     Development Application Report - 311-313 Maroubra Road, Maroubra (DEFERRED) (DA/617/1997/C)

PL49/13

RESOLUTION: (Andrews/Stavrinos) that Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No. DA/617/1997 by amending Condition No. 7 as follows:

 

·              Amend Condition No. 1 to read:

The development must be implemented substantially in accordance with the plans numbered 9717 1,2,3,4 and dated 22 October 1997 the shadow diagrams No. SH01, SH02, SH03 and dated 3 October 1997 and the landscape drawing No. 970701 and dated October 1997 and on the application form and on any supporting information received with the application, as amended by the Section 96 plans dated 15/10/12 and received by Council on 10 December 2012, with the plans to be amended to reflect the modified condition, except as may be amended by the conditions specified hereunder:

 

and

“7.         The roof terrace serving unit 5 shall have fixed planter boxes around the periphery of the roof with a minimum of 500mm and height of 500mm and shall be appropriately landscaped. The roof terrace serving unit 10 shall have fixed privacy screens comprising frosted glass at a height of a 640mm above the southern, south-eastern (splayed), eastern (for a length of 2.7m from the north-western corner of the south-eastern splay) and western masonry balustrade and frosted glass at a height of a 340mm along the northern masonry balustrade. The middle section of the eastern balustrade will be reduced to an overall height of 1.5m”.

 

Details of compliance shall be submitted with the construction Certificate application.”

 

MOTION: (Stevenson/D’Souza) that Council, as the consent authority, refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No. DA/617/1997 by amending Condition No. 7, as frosted glass screening, on the roof terraces, is not supported. LOST.

 

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

 

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor D'Souza

Councillor Belleli

Councillor Moore

Councillor Garcia

Councillor Stevenson

Councillor Matson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

Total (4)

Total (8)

 

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

 

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

 

FOR

AGAINST

Councillor Andrews

Councillor Stevenson

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

 

Total (11)

Total (1)

 

 

 

D41/13     Development Application Report - 86 Dudley Street, Coogee - DA/452/2010/E

PL50/13

RESOLUTION: (Andrews/Stavrinos) that Council, as the consent authority, grants development consent under Sections 96AA of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/452/2010/E to modify the approved development by deletion of condition 30 which required undergrounding of power and addition of skylights to units 2 and 4, at No. 86 Dudley Street, Coogee, subject to the following conditions:

 

A.        Amend Condition 1 and 30 to read:

1.     The development must be implemented substantially in accordance with the         following plans approved by the Land and Environment Court Judgment on 28         June 2011, numbered 2010-005-A01 to 2010-005-A04 – all issue: E, dated         March, 2011 and received by Council on 15 March 2011, the application form         and on any supporting information received with the application, as amended         by the following: 

 

·           Section 96AA plans

Plan

Drawn by

Dated

Received by Council 

2010-005-A01, Issue S96-H

Brenchley Architects Pty Ltd

16/11/2011

17 November 2011

2010-005-A02

Issue S96-H

2010-005-A03

Issue S96-H

2010-005-A04

Issue S96-H

2010-005-A05

Issue S96-H

08/08/2011

12 August 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·           Section 96

·           Section 96 ‘B’ plan numbered 2010-005-A01, dated 12.12.2011 and received by Council on 14 December 2011, and

 

·           Section 96 ‘C’ plan numbered 2010-005-A01, Issue S96-J, dated 25.01.2012 and received by Council on 18 June 2012.

 

·           Section 96 ‘D’ plan numbered 2010-005-A01, 2010-005-A02 and 2010-005-A04, Revision S96-L, all dated 4 March 2013 and received by Council on 4 March 2013

 

only in so far as they relate to the modifications detailed in the Section 96 applications and highlighted in the Section 96 plans as amended by the following conditions and as mane be shown in red on the attached plans.

 

30.    Prior to the issuing of any form of occupation certificate for the development the applicant must meet the full cost for the relevant public utility authority to have the overhead power lines and telecommunication cables, located along the southern side of Dudley Street (between no’s 82-90 Dudley Street) are to be Aerial Bundled. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be Aerial Bundled and to the relevant service utility authorities satisfaction.

 

Note: The aerial bundling shall extend from the power pole in front of the site to the next adjacent power pole located east and west of the subject site along Dudley Street.

 

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

 

 

 

D42/13     Development Application Report - 31 Midway Drive, Maroubra (DA/628/2012)

PL51/13

RESOLUTION: (Andrews/Roberts) -

 

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. 628/2012 for demolition of the existing structures on the site, construction of a 3-storey residential flat building comprising 9 dwelling units and basement car parking for 8 vehicles, landscaping and associated works, at No. 31 Midway Drive, 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

Da00(c) cover

3/05/2013

6 May 2013

Zhinar Architects

Da01(c) site plan

Apr 13

6 May 2013

Da02(c) floor plans

Apr 13

6 May 2013

Da03(c) floor plans

Apr 13

6 May 2013

Da04(c) roof plan

Apr 13

6 May 2013

Da05(c) elevations

Apr 13

6 May 2013

Da06(c) elevations & sections

Apr 13

6 May 2013

Da07(c) material schedule

Apr 13

6 May 2013

12139da1(d) landscape concept plan

2.5.13

6 May 2013

Vision Dynamics

 

Basix certificate no.

Project name

Dated

Received

444046m_02

31 Midway Drive, Maroubra_02

3 May 2013

6 May 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 floor to ceiling height to the living areas of Units 7, 8 and 9 on the first level of the building must be increased to 2500mm (excluding floor slab thickness). This must be achieved by raising the finished floor level of the loft storey above by 100mm from RL 20.60 to RL 20.70. The maximum ridge height of the building must be no higher than RL 23.52.

 

(b)    A 450mm deep sun hood / awning must be installed above the full width of the following windows on the north-eastern elevation of the building:

 

(i)     Highlight window to the living areas of Unit 6 on the first level, and

(ii)    Bedroom windows of Unit 5 on the first level. 

 

(c)    A canopy tree capable of reaching at least 10m in height at maturity must be planted on deep soil within the front setback areas of the development.

 

(d)    The front fence at the Midway Drive boundary of the site must have a height of not more than 1200mm, as measured from the footpath levels.

 

(e)    The configuration of the privacy screen / fence along the edge of the ground floor courtyards to Units 2, 3, 4 and 5 must be consistent with the drawing entitled “Fence Detail 1” as shown on DA05(C).

 

(f)    A privacy screen / fence must be installed above the planter box along the south-western boundary of the site. The topmost points of the screen / fence must be at least 1800mm above the finished levels of the common walkway. The configuration of the screen must be consistent with the drawing entitled “Fence Detail 1” as shown on DA05(C).

 

(g)    The privacy screens to the balconies (north-eastern elevation) and the stairwell / hallway areas (south-western and north-eastern elevations) on the first floor level of the building must be consistent with the section entitled “Fixed Louver Detail” as shown on DA07(C).

 

(h)    A minimum of four (4) bicycle parking spaces must be provided within the development. The design and construction of the bicycle parking facilities must comply with Australian Standard 2890.3: Bicycle Parking Facilities.

 

(i)     A roller door must be installed at the entry to the basement car park to provide security for the development.

 

(j)    Suitable security lighting must be installed along the pedestrian pathway adjacent to the south-western boundary of the site. The lighting devices must have the light source positioned not higher than 1.2m above the finished ground level, and must be directed towards the ground.

 

(k)    Lighting to the premises must be designed in accordance with Australian Standard AS 4282: Control of the Obtrusive Effects of Outdoor Lighting so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

(l)     Any air conditioning units must be located in a manner that minimises visibility from the public domain.

 

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 outlined 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 $1,425,087, the following applicable monetary levy must be paid to Council: $14,250.87.

       

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:

 

·     $3000.00    -      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 Requirements

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.

        

Construction Traffic Management.

9.       A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to a construction certificate being issued for the development.

 

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

 

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

10.     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.

 

Street Tree Management

11.     The applicant shall submit a total payment of $214.50 (including GST), being the cost for Council to supply and install 2 x 25 litre street trees, Cupaniopsis anacardioides (Tuckeroo’s) on the Midway Drive verge, being one an equal distance between the western edge of the vehicle crossing and the existing power pole, and then another one an equal distance between the power pole and western site boundary. 

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

12.     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).

 

13.     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

14.     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

15.     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

16.     The enclosure of balconies is prohibited by this consent.

 

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.

 

Traffic conditions

21.     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.

 

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

 

Design 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:

 

·       60mm above the back of the existing footpath at all points opposite, along the full site frontage.

 

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

 

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

 

24.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $908 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.     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.

         

Stormwater Drainage & Flood Management

26.     The floor level of all habitable, and storage areas (excluding those in the basement carpark) shall be at a minimum RL of 15.00(AHD) or be suitably waterproofed up to this same level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

27.     The proposed internal driveway shall be designed with a high point at least 300 mm above RL 14.50 AHD being the determined 1 in 100 year flood level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

28.     Windows, vents and other openings into the basement carpark are to be located at least 300 mm above RL 14.50 being the determined 1 in 100 year flood level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

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

 

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

 

30.     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

 

d)       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.

 

e)       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.

 

f)       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.

 

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

 

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

 

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

 

i.   Directly to the kerb and gutter in front of the subject site in Midway Drive; or

ii.  To Council’s underground drainage system in Midway Drive via a new kerb inlet pit and section of concrete pipe.

 

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

 

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

 

d)       Determination of the required cumulative storage in the on-site detention 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.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

o)       Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

            Groundwater

32.     As the site may be  affected by groundwater or fluctuating water table (including during the course of construction), the following requirements must be satisfied:

 

a)    Groundwater and sub-soil drainage must not be connected or discharged to the stormwater detention tank or to Council’s street gutter or drainage system, unless specific written approval has been obtained from Council beforehand, and

b)    Groundwater and sub-soil drainage must be restricted from entering the basement level/s and the stormwater drainage system, by tanking and waterproofing the basement areas of the building, and

c)    Adequate provisions must be made for the groundwater to drain around the basement level/s and ensure that the basement will not impede the movement of the ground water through the development site, and

d)    Details of the proposed methods of managing groundwater, tanking and waterproofing must be prepared by a suitably qualified and experienced Hydrogeological Engineer and be submitted to and approved by the certifying authority, prior to issuing the construction certificate.

 

33.     Details of the proposed connection and or disposal of any groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineering Coordinator, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

Details must include the following information:

 

·       Site plan

·       Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·       Volume of water to be discharged

·       Location and size of drainage pipes

·       Duration, dates and time/s for the proposed works and disposal

·       Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·       Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·       Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·       Details of compliance with any relevant approvals and licences

 

Waste Management

34.     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.

       

Tree Protection Measures

35.     In order to ensure retention of the mature Eucalyptus botryoides (Bangalay) located beyond the southwest corner of the site, on the neighbouring property at 29 Midway Drive in good health, the following measures are to be undertaken:

 

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

b.       All Construction Certificate plans must also show the masonry walls along the northwest, southwest and southeast sides of the proposed bin enclosure being deleted and replaced with timber slats or a similar treatment that will not require a continuous strip footing, with porous/permeable surface treatment to be provided.

c.       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 within a radius of 4 metres of the southwest corner of the property, with all Site Management Plans needing to acknowledge these requirements.

d.       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 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

36.     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

37.     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

38.     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

39.     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

40.     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

41.     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.

 

Civil Works

42.     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 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.

 

Public Utilities

43.     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.

 

44.     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

45.     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

46.     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

47.     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

48.     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

49.     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

50.     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

51.     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

52.     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

53.     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

54.     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

55.     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

56.     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

57.     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

58.     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.

 

Stormwater Drainage

59.     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.

 

60.     Any required dewatering must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

61.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

            Tree Removal

62.     Approval is granted for removal of the following trees:

 

a.       In the front yard, along the northeast side boundary, between the front property boundary and existing dwelling, from north to south, the row of small shrubs, the Cupressus sempervirens (Italian Cypress), the Cupressocyparis leylandii (Leylands Cypress) and then the Schefflera actinophylla (Umbrella Tree), closest to the house, which is recognised as an invasive environmental weed, all so as to accommodate the proposed basement entry ramp and landscaping as shown;

b.       Those shrubs in the rear yard, along the northeast boundary, adjacent the southeast corner of the existing house, as they are too small for Council’s Tree Preservation Order (TPO), and are also in direct conflict with the new courtyards and evergreen screen planting that is shown for this same area;

c.       The Eriobotrya japonica (Loquat) on the rear (southeast) boundary, as despite appearing to be shown for retention, could not be retained whilst installing the stormwater line and pit just to its northeast as shown. 

 

Pruning of neighbours tree

63.     Permission is granted for the minimal and selective pruning of only those lowest growing, lower (3rd & 4th) order branches from the northeast aspect of the mature Eucalyptus botryoides (Bangalay), which is growing beyond the southwest corner of the site, on the neighbouring property at 29 Midway Drive, only where they overhang the common boundary, into the site, and need to be pruned in order to avoid damage to the tree, interference with the works, or to reduce maintenance issues associated with the proposed bin enclosure.

 

64.     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.

 

65.     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).

 

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

66.     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

67.     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

68.     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.

 

Sydney Water Certification

69.     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 or Subdivision Certificate, whichever the sooner.

 

BASIX Requirements & Certification

70.     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.

 

Noise Control Requirements & Certification

71.     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.

 

72.     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

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

 

a)     Construct a full width 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)     Re/construct a 1.3m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

74.     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.

 

75.     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.

 

Service Authorities

76.     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.

 

77.     The applicant shall meet to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site. The applicant shall liaise directly with the relevant service utility authorities to organise for the cables to be bundled.

 

Stormwater Drainage

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

 

Notes:

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

 

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

 

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

 

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

·       Finished site contours at 0.2 metre intervals;

·       Volume of storage available in any detention areas;

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

·       The orifice size/s (if applicable);

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

 

80.     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.

 

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

 

Landscaping

82.     Prior to issuing a Final (or any type of interim) Occupation Certificate/s, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming that landscaping at this site has been installed substantially in accordance with the Landscape Concept Plan by Vision Dynamics, dwg no. 12139DA 1, revision D, dated 02.05.13, and relevant conditions of consent, with strategies to be implemented to ensure it is maintained in a healthy and vigorous state until maturity.

 

83.     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.

 

Waste Management

84.     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.

 

85.     The waste storage areas shall be clearly signposted.

 

86.     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.

 

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

87.     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

88.     The 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     Swimming/spa 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.

 

A15     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.

 

A16     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.

 

A17     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.

 

A18     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.

 

A19     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

MOTION: (Seng/Stavrinos) -

 

A. That Council does not support 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 does not comply with the objectives of the above clauses, and will unreasonably affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B. That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 628/2012 for demolition of the existing structures on the site, construction of a 3-storey residential flat building comprising 9 dwelling units and basement car parking for 8 vehicles, landscaping and associated works, at No. 31 Midway Drive, Maroubra, for the following reasons:

 

1.             The overshadowing implications of the proposed loft storey.

2.             The proposal does not adequately address privacy concerns for surrounding properties.

3.             Inadequate car parking spaces.

4.             The development is out of character in the locality.

5.             The proposal does not comply with relevant clauses of Randwick LEP 1998 in relation to setbacks. LOST.

 

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

 

FOR

AGAINST

Councillor Seng

Councillor Andrews

Councillor Stavrinos

Councillor Belleli

Councillor Stevenson

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Roberts

 

Councillor Smith

Total (3)

Total (9)

 

AMENDMENT: (Stevenson/Belleli) that the application be deferred for mediation. LOST.

 

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

 

FOR

AGAINST

Councillor Belleli

Councillor Andrews

Councillor Bowen

Councillor Garcia

Councillor D'Souza

Councillor Matson

Councillor Moore

Councillor Roberts

Councillor Stevenson

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

Total (5)

Total (7)

 

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

 

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

 

FOR

AGAINST

Councillor Andrews

Councillor Seng

Councillor Belleli

Councillor Stavrinos

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Roberts

 

Councillor Smith

 

Councillor Stevenson

 

Total (10)

Total (2)

 

 

 

D43/13     Development Application Report - 2-6 Goodwood Street, Kensington (DA/195/2012/A)

 

 

 

 

PL52/13

Note: A Rescission Motion in relation to this item was submitted in accordance with Council’s Code of Meeting Practice and will be considered at the Council Meeting to be held on 25 June 2013.

 

RESOLUTION: (Andrews/Stevenson) that the application be deferred to enable a Councillors’ briefing session in relation to the matters of concern raised by Councillors.

 

MOTION: (Stavrinos/Matson) that the Section 96 application be approved, subject to the deletion of the rooftop terrace. LOST.

 

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

 

FOR

AGAINST

Councillor Matson

Councillor Andrews

Councillor Stavrinos

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Moore

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

Total (2)

Total (10)

 

AMENDMENT: (Stevenson/Seng) that the Section 96 application be approved, subject to the rooftop terrace being soft turfed and surrounded by planter boxes and associated plantings of at least 1 metre in height. LOST.

 

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

 

FOR

AGAINST

Councillor Seng

Councillor Andrews

Councillor Stevenson

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Roberts

 

Councillor Smith

 

Councillor Stavrinos

Total (2)

Total (10)

 

MOTION: (Andrews/Roberts) that Council, as the consent authority, grants development consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No DA/195/2012 by carrying out various internal & external alterations including to windows and service doors, alteration to unit mix modifications to basement area and reduction of carparking from 88 spaces to 80, relocation of fire stair, AC and lift cores, new roof terrace for Block B, new green wall for Blocks B and C and new water feature at 2-6 Goodwood Street, Kensington in the following  manner:

 

A       Amend Condition No. 1 to read:

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the following plans: 

 

Plan

Rev.

Drawn by

Stamped

DA0.03

A

Fox Johnson Architects

25 June 2012

DA1.01

A

Fox Johnson Architects

25 June 2012

DA1.02

A

Fox Johnson Architects

25 June 2012

DA1.03

A

Fox Johnson Architects

25 June 2012

DA1.04

A

Fox Johnson Architects

25 June 2012

DA1.05

A

Fox Johnson Architects

25 June 2012

DA1.06

A

Fox Johnson Architects

25 June 2012

DA1.07

A

Fox Johnson Architects

25 June 2012

DA1.08

A

Fox Johnson Architects

25 June 2012

DA2.01

A

Fox Johnson Architects

25 June 2012

DA2.02

A

Fox Johnson Architects

25 June 2012

DA2.03

A

Fox Johnson Architects

25 June 2012

DA4.01

A

Fox Johnson Architects

25 June 2012

Sample Board (3 Ascot Street, Kensington)

Fox Johnson Architects

27 March 2012

Basix certificate

No.

Dated

3 Ascot Street

420896M

21 March 2012

 

        the application form and on any supporting information received with the         application, as amended by the following Section 96 ‘A’ plans

 

Plan

Rev

Dated

Prepared by

Stamped

DA1.01

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.02

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.03

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.04

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.05

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.06

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.07

B

30.01.13

Fox Johnson Architects

4 February 2013

DA1.08

B

30.01.13

Fox Johnson Architects

4 February 2013

DA2.01

B

30.01.13

Fox Johnson Architects

4 February 2013

DA2.02

B

30.01.13

Fox Johnson Architects

4 February 2013

DA2.03

B

30.01.13

Fox Johnson Architects

4 February 2013

 

only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

B       Add the following conditions:

133.  The applicant must allocate 67 parking spaces for residential units, 12 spaces         for visitor parking and 3 spaces for the commercial units, (80 spaces in total).         The 3 commercial units shall be allocated 1 parking space each. Any future         strata subdivision application must demonstrate compliance with this         requirement prior to the issuing of a strata subdivision certificate.

 

134.  The proposed awning over the rooftop terrace to Block B shall be extended to cover the proposed seats at the north western and south western corners of the terrace. Details of compliance are to be shown on construction certificate plans

 

135.  An amended BASIX certificate must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, 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.

 

NSW OFFICE OF WATER: GENERAL TERMS OF APPROVAL

136.  An authorisation shall be obtained for the take of groundwater as part of the activity. Groundwater shall not be pumped or extracted for any purpose other than temporary construction dewatering at the site identified in the development application. The authorisation shall be subject to a currency period of 12 months from the date of issue and will be limited to the volume of groundwater take identified.

 

137.  The design and construction of the structure shall preclude the need for permanent dewatering by waterproofing those areas that may be impacted by any water table (i.e. a fully tanked structure) with adequate provision for unforseen fluctuations of water table levels to prevent potential future inundation.

 

138.  Construction methods and material used in and for construction shall not cause pollution of the groundwater.

 

Prior to excavation

139.  Measurements of groundwater levels beneath the site from a minimum of three monitoring bores shall be taken and a report provided to the NSW Office of Water. A schedule and indicative plans of the proposed ongoing water level monitoring from the date of consent until at least two months after the cessation of pumping shall be included in the report.

 

140.  A reasonable estimate of the total volume of groundwater to be extracted shall be calculated and a report provided to the NSW Office of Water. Details of the calculation method shall be included in the report.

 

141.  A copy of a valid development consent for the project shall be provided to the NSW Office of Water.

 

142.  Groundwater quality testing shall be conducted and a report supplied to the NSW Office of Water. Samples must be taken prior to the commencement of pumping, and a schedule of the ongoing testing throughout the dewatering activity shall be included in the report. Collection and testing and interpretation of results must be done by suitably qualified persons and NATA certified laboratory identifying the presence of any contaminants and comparison of the data against accepted water quality objectives or criteria.

 

143.  The method of disposal of pumped water shall be nominated (i.e. street drainage to the stormwater system or discharge to sewer) and a copy of the written permission from the relevant controlling authority shall be provided to the NSW Office of Water. The disposal of any contaminated pumped groundwater (tailwater) must comply with the provisions of the Protection of the Environment Operations Act 1997 and any requirements of the relevant controlling authority.

 

144.  Contaminated groundwater shall not be reinjected into any aquifer. The reinjection system design and treatment methods to remove contaminants shall be nominated and a report provided to the NSW Office of Water. The quality of any pumped water (tailwater) that is to be reinjected must be compatible with, or improve the intrinsic or ambient groundwater in the vicinity of the reinjection site.

 

During excavation

145.  Piping or other structures used in the management of pumped groundwater (tailwater) shall not create a flooding hazard. Control of pumped groundwater (tailwater) is to be maintained at all times during dewatering to prevent unregulated off-site discharge.

 

146.  Measurement and monitoring arrangements to the satisfaction of the NSW Office of Water are to be implemented. Monthly records of the volumes of all groundwater pumped and the quality of any water discharged are to be kept and a report provided to the NSW Office of Water after dewatering has ceased. Daily records of groundwater levels are to be kept and a report provided to the NSW Office of Water after dewatering has ceased.

 

147.  Pumped groundwater (tailwater) shall not be allowed to discharge off-site (e.g. adjoining roads, stormwater system, sewerage system, etc) without the controlling authorities approval and/or owners consent. The pH of discharge water shall be managed to be between 6.5 and 8.5. The requirements of any other approval for the discharge of pumped groundwater (tailwater) shall be complied with.

 

148.  Dewatering shall be undertaken in accordance with groundwater-related management plans applicable to the excavation site. The requirements of any management plan (such as acid sulphate soils management plan or remediation action plan) shall not be compromised by the dewatering activity.

 

149.  The location and construction of groundwater extraction works that are abandoned are to be recorded and a report provided to the NSW Office of Water after dewatering has ceased. The method of abandonment is to be identified in the documentation.

 

150.  Access to groundwater management works used in the activity is to be provided to permit inspection when required by the NSW Office of Water under appropriate safety precautions.

 

Following excavation

151.     All monitoring records must be provided to the NSW Office of Water after the required monitoring period has ended together with a detailed interpreted hydrogeological report identifying all actual resource and third party impacts. LOST.

 

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

 

FOR

AGAINST

Councillor Andrews

Councillor Bowen

Councillor Belleli

Councillor D'Souza

Councillor Roberts

Councillor Garcia

Councillor Seng

Councillor Matson

Councillor Smith

Councillor Moore

 

Councillor Stavrinos

 

Councillor Stevenson

Total (5)

Total (7)

 

MOTION: (Mayor, Cr Bowen/Matson) that Council, as the consent authority, refuses development consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No DA/195/2012 by carrying out various internal & external alterations including to windows and service doors, alteration to unit mix modifications to basement area and reduction of carparking from 88 spaces to 80, relocation of fire stair, AC and lift cores, new roof terrace for Block B, new green wall for Blocks B and C and new water feature at 2-6 Goodwood Street, Kensington for the following  reasons:

 

1.        The affect of the proposal on the amenity of neighbouring properties.

2.        Noise and privacy impacts from the proposed rooftop terrace.

3.        The additional impact of the proposal on the adjoining park.

4.        The proposal will result in the loss of approved car parking spaces.

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

 

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

 

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor D'Souza

Councillor Belleli

Councillor Garcia

Councillor Matson

Councillor Moore

Councillor Roberts

Councillor Stavrinos

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

Total (5)

Total (7)

 

MOTION: (Andrews/Stevenson) CARRIED UNANIMOUSLY – SEE RESOLUTION.

 

 

 

D44/13     Development Application Report - 33 Lenthall Street, Kensington (DA/249/2013)

 

 

 

PL53/13

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

 

RESOLUTION: (Mayor, Cr Bowen/Andrews) that Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/249/2013 for the removal of the existing masonry wall on the front boundary of the property and replacement with a new brick wall, at No. 33 Lenthall Street, Kensington, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

Front Fence Layout Plan

Growing Rooms

26/03/13

29/04/13

 

Amendment of Plans & Documentation

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The face brickwork for the front fence is to be compatible with the brickwork of the existing dwelling and front fences to adjacent dwellings.  Details of the proposed brickwork (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Existing unpainted surfaces, eg- brickwork/stonework are to remain unpainted, and no applied finishes are to be used.

 

Long Service Levy Payments

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

 

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

 

Security Deposits

6.       The following 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:

 

·           $600.00     -      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 works which confirms that there has been no damage to Council's infrastructure.

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Design Alignment levels

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

 

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Public Utilities

13.     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.

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

15.     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.

 

Site Signage

16.     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

17.     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

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

 

·            Work Health & Safety Act 2011 and Regulations

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

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997 and Regulations

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

f)      Site fencing, building materials, bulk bins/waste containers and other articles must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

21.     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.

 

22.     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.

 

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

 

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

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

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

 

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

 

Building Encroachments

24.     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

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

Council’s Infrastructure & Vehicular Crossings

1.       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, street trees 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.

 

2.       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 Civil 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.

 

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

 

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.

 

3.       The new pedestrian gate on the front boundary fence must be maintained as a free and open form to permit the passage of floodwaters during major storm events.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

A9      Underground assets (eg pipes, cables etc) 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.

 

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

 

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

 

MOTION: (Mayor, Cr Bowen/Andrews) CARRIED UNANIMOUSLY – SEE RESOLUTION.

 

Cr Moore returned to the meeting at this point (8.55pm).

 

 

D45/13     Development Application Report - 29 Dolphin Street, Randwick (DA/720/2012)

PL54/13

RESOLUTION: (Andrews/Stavrinos) -

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F and 20G (2 & 4) of Randwick Local Environmental Plan 1998, relating to Floor space ratio, building height and wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning and Infrastructure be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/720/2012 for alterations and additions including a three (3) storey rear addition to the existing multi-unit building, new decks to rear, alterations to front fence and letter boxes, internal changes and associated works, at No. 29 Dolphin Street, Randwick, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev

Drawn by

Dated

Received by Council

DA 100

C

ASA Architects

5 March 2013

26 March 2013

DA 101

DA 300

DA 301

DA 030

B

5 November 2012

7 November 2012

 

BASIX Certificate

No.

Dated

Received by Council

Alterations & additions

A131810_02

8 Nov 2012

8 Nov 2012

 

Separate use of lower ground floor level

2.       The lower ground floor bedroom and living areas are approved for use only in association with the associated ground floor apartments above. The lower ground floor areas shall not be used as separate dwellings without the prior consent of Council.

 

Internal amenity

3.       The following internal amenity measures shall be incorporated into the development:

 

a)     Ceiling fans shall be indicated on the plans for all bedrooms throughout the development;

b)     All units should be provided balcony doors or windows that can be secure, open-able and weather-sheltered to allow cross ventilation at night or when the apartment is not occupied.

 

The measures shall be indicated on the approved plans prior to the issue of construction certificate for the development and submitted to the satisfaction of the Principal Certifying Authority:

 

Fencing

4.       The side boundary fencing detailed on the approved plans shall not reach a height greater than 1800mm above existing ground level at any point. 

 

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

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

 

External Colours, Materials & Finishes

6.       The colours, materials and finishes of the external surfaces to the development are to be consistent with the relevant approved plans, documentation and colour schedules including the submitted ‘Colour Schedule’, referenced ’29 Dolphin Street – Coogee’, prepared by ASA Architects on 6 November 2012 and received by Council on 7 November 2012.

 

Section 94A Development Contributions

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $394,185, the following applicable monetary levy must be paid to Council: $3,941.85.

       

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.

 

Security Deposit

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Long Service Levy

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

a)     The stormwater drainage system for the redeveloped portion of the site 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)     Stormwater from the redeveloped portion of the site must be discharged (by gravity) either:

i.     To Council’s street gutter or underground drainage system in Dolphin Street (by gravity);OR

ii.    To Council’s underground Tonkin pipe located within the properties at 30-34 Coogee Street behind the subject property via a private drainage easement; OR

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

12.     Site seepage and sub-soil drainage 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 level (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 of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level of the building and stormwater drainage system for the development.

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

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Protection of Street Tree

14.     In order to ensure retention of the mature Corymbia maculata (Spotted Gum) located on Council’s Dolphin Street verge, centrally across the width of the site 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 to be clearly shown on all drawings.

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be setback a minimum distance of 2.5 metres off its trunk; or; along either of the side boundaries.

 

c.       This tree must be physically protected by installing a total of four star pickets at a setback of 2 metres to its east and west (measured off the outside edge of its trunk at ground level), as well as against the back of the kerb to its south, and against the footpath to its north, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose this tree for the duration of works.

 

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

 

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

 

f.        The applicant is not authorised to perform any works to 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 with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

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.

 

h.       A refundable deposit in the form of cash, credit card or for an amount of $1,500.00 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.

 

Building Code of Australia & Fire Safety

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

 

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

 

17.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements, to provide improved levels of fire and occupant safety in the building:

 

a)     A report prepared by a suitably qualified and experienced Building Code of Australia/Fire Safety Consultant is to be submitted to and approved by Council’s Manager of Health, Building & Regulatory Services, prior to issuing a Construction Certificate.

 

The report must include a detailed assessment of the existing building and compliance with the Building Code of Australia. The report must also include details of the measures and works considered appropriate to achieve an adequate level of fire safety for the building and the occupants.

 

The fire safety upgrading works (as approved by Council) are required to be incorporated into the Construction Certificate and be implemented prior to issue of a final Occupation Certificate for the development.

 

18.     The building and fire safety upgrading works must be included in the Construction Certificate for the development and must be carried out prior to issuing of a final Occupation Certificate for the development.  Written correspondence must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Access & Facilities

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

 

BASIX Requirements

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

 

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

 

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

 

Site stability and construction work

21.     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.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Regulatory Requirements

22.     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.

 

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

 

b)     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

 

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

 

d)     the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

Demolition Work & Removal of Asbestos Materials

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

 

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

 

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

26.     A dilapidation report prepared by a professional engineer 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

27.     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

28.     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

29.     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.

 

Construction Traffic Management

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

 

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

 

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

 

31.     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

 

Public Liability

32.     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.

 

Public Utilities

33.     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.

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Building Inspection Requirements

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

 

Excavations & Support of Adjoining Land

36.     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.

 

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

 

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

 

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

 

Permitted Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   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.

 

Construction Site Management

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Inspections during Construction

40.     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

41.     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

42.     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

43.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations 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.

 

Sediment & Erosion Control

44.     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

45.     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

46.     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

47.     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

48.     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”.

 

Survey Requirements

49.     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

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

 

Landscaping

51.     The PCA must ensure that a high quality selection and arrangement of decorative species are provided within those garden beds proposed off the rear of the Level 00/sub-floor level, selecting species which are not reliant on high quantities of moisture and fertilizer for survival, and which will both improve amenity for occupants, as well as soften the appearance of proposed masonry walls/planters.

 

Tree Management

52.     While appearing to be shown for retention on the submitted plans, no objections are raised to removing the established Plumeria acutifolia (Frangipani’s) in the rear yard, being one along the western site boundary and one along the eastern site boundary, so as to accommodate the proposed rear extension as shown.

 

53.     While also appearing to be shown for retention on the plans, Council would support removal of the established Robinia pseudoacacia (Robinia) growing in the rear yard, about halfway along the length of the eastern site boundary, should the applicant wish as part of the proposed works, as this species is considered undesirable due to the presence of sharp spines on its branches, as well as its ability to send up suckers from its base which can invade adjoining properties.

 

This would then have the advantage of allowing the recently planted Blueberry Ash in this area, which extend around the perimeter of the rear yard, to flourish due to reduced competition.

 

Road / Asset Opening Permit

54.     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.

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificate Requirements

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

 

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

 

Noise Emissions - Certification

57.     Where plant and equipment is installed in the premises (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc), a written report or statement must be obtained from a suitably qualified and experienced consultant in Acoustics.

 

The report/statement must demonstrate and confirm that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report/statement must be provided to Council prior to the issue of an Occupation Certificate.

 

Structural Certification

58.     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.

 

Sydney Water Certification

59.     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 or Subdivision Certificate, whichever the sooner.

 

BASIX Requirements & Certification

60.     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.

 

Noise Control Requirements & Certification

61.     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.

 

62.     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, street verge

63.     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, street trees, 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.

 

64.     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.

 

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

 

Stormwater Drainage

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

Notes:

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

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

 

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

 

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

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

68.     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.

 

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

 

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

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

 

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

 

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

 

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

 

Environmental Amenity

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

 

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

 

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

 

73.     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.

 

Waste Management

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

 

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

 

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

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

 

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

 

A4      A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used for any of the purposes detailed below (unless specifically included in this consent):

 

·            All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·            Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·            Licensed premises, places of public entertainment and hotels

·            Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·            Cooling Towers or Warm Water Systems

·            Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

A5      Attention is drawn to Clause D2.24 of the BCA Vol. 1 re: Protection of openable windows. All affected windows should comply prior to the issue of a strata plan.

 

A6      Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

For further information about preventing falls from windows and balconies refer to www.health.nsw.gov.au/childsafety or pick-up a brochure from Council’s Customer Service Centre.

 

A7      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.

 

A8      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.

 

A9      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.

 

A10     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.

 

A11     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).

 

A12     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.

 

A13     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.

 

 

A14     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.

 

A15     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.

 

A16     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.

 

A17     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.

 

A18     The design of the proposed building must not be inconsistent with the development consent and any proposed variations to the building to achieve BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issues.

 

A19     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.

 

A20     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.

 

A21     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

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

 

 

 

 

 

 

 

PL55/13

Note: Having previously declared an interest in this item, Crs Garcia and Matson left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Andrews/D'Souza) that:

 

a)            Council endorse the recommendation in the attached assessment report for the Joint Regional Planning Panel.

 

b)            Council recommends to the JRPP that the Willow Myrtle tree on the Chepstow Street nature strip be retained.

 

c)            The JRPP be requested to take into considerations all submissions received in relation to the development application.

 

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

Crs Garcia and Matson returned to the meeting at this point (9.00pm)

 

Miscellaneous Reports

 

M10/13     Miscellaneous Report - Proposed listing of Kamay- Botany Bay National Park on the State Heritage Register (F2004/06755)

PL56/13

RESOLUTION: (Stevenson/Andrews) that:

 

a)     the Council write to the Office of Environment and Heritage noting its support         for the listing of Kamay Botany Bay National Park on the State Heritage         Register. 

 

b)     the Office of Environment and Heritage be requested to condition the listing to         ensure that there is no shooting in this National Park area.

 

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

  

Notice of Rescission Motions

Note: A rescission motion on item ‘D43/13 – 2-6 Goodwood Street, Kensington (DA/195/2012/A)’  was submitted by Councillors Smith, Andrews and Roberts in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council Meeting to be held on 25 June 2013.

 

 

The meeting closed at 9.01pm.

 

 

The minutes of this meeting were confirmed at the Planning Committee Meeting of the Council of the City of Randwick held on Tuesday, 9 July 2013.

 

 

 

 

 

 

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

CHAIRPERSON