Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 9 July 2013

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                   9 July 2013

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street, Randwick, 30 Frances Street, Randwick, on Tuesday, 9 July 2013 at 6:00 p.m..

 

 

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

 

Quorum:                           Eight (8) members

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 11 June 2013

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Planning Matters

 

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

 

Development Application Reports (record of voting required)

 

D47/13      94 & 96 Storey Street, Maroubra (DA/696/2012) DEFERRED....................... 1

D48/13      417-439R Bunnerong Road, Maroubra (DA/256/2013)................................ 73

D49/13      385 Maroubra Road, Maroubra (DA/243/2013)......................................... 87

D50/13      11-27 Jennifer Street, Little Bay (DA/547/2012)..................................... 119

D51/13      11 Lurine Street, Maroubra (DA/161/2009/C)......................................... 137

D52/13      146-150 Coogee Bay Road, Coogee (DA/159/2013)................................. 153

D53/13      40 Earl Street , Randwick (DA/544/2011/C)............................................ 199

D54/13      285 Rainbow Street, South Coogee (DA/144/2013)................................. 209

D55/13      96 Maroubra Road, Maroubra (DA/926/2010/A)...................................... 225

 

Miscellaneous Reports (record of voting NOT required)

 

M11/13     NSW Government Planning Reforms: White Paper Submission.................... 245

M12/13     Draft Metropolitan Strategy for Sydney to 2031..................................... 315    

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                   9 July 2013

 

 

Development Application Report No. D47/13

 

 

Subject:                  94 & 96 Storey Street, Maroubra (DA/696/2012) DEFERRED

Folder No:                   DA/696/2012

Author:                   Scott Williamson, Development Assessment Officer     

 

1.    Introduction

 

The subject application was originally reported to the Planning Committee Meeting of 14 May 2013. At the meeting it was resolved:

 

“(Stevenson/Mayor, Cr Bowen) that the application be deferred to allow mediation between the parties.”

 

The application proposes construction of two (2) dwellings, each on an existing vacant lot, at 94 and 96 Storey Street, Maroubra.

 

The sites are subject to a master plan, approved under DA/343/2009. The master plan sets out built form controls for the subject sites and those to the north and east, in the location of the former Maroubra Junction Infants School.

 

The proposed dwellings contain five (5) bedrooms, basement parking for two (2) vehicles and involve associated landscaping and site works across both sites. The following montages were provided with the application:

 

Figure 1: The proposed dwelling at 94 Storey Street, viewed from Storey Street.

Figure 2: Proposed west elevation of 94 Storey Street.

Figure 3: Proposed rear, northern elevation of 94 Storey Street.

Figure 4: Streetscape montage of 94 & 96 Storey Street.

 

Figure 5: The proposed dwellings, viewed from the intersection of Hannan Lane and Storey Street.

Figure 6: The proposed dwelling at 96 Storey Street, viewed from Hannan Lane.

 

 

 

 

 

Figure 7: The subject vacant lots at 94 and 96 Storey Street.

 

Figure 8: The northern neighbouring site at 1 Hannan Lane, as viewed across the subject vacant lots. 

 

2.    Mediation outcome

 

Mediation occurred on 13 June 2013. No formal mediation agreement was reached, however the applicant proposed the following amendments to address concerns of the neighbour:

 

·      “That the applicant agrees to reduce the decking of No. 94 by 450mm, to achieve a 4.5 metre setback from the rear boundary.

 

·      Applicant will plant advanced Lilli Pilli trees along the northern boundary to achieve a height of 2.5 to three (3) metres”.

 

The neighbour agreed that these amendments would contribute to a positive outcome, however remains concerned over the development. Throughout the mediation, the objecting party raised a number of additional concerns with the proposal, which are discussed in the following section.

 

The above compromises are capable of being required through appropriate conditions of consent, which have been included in the schedule below.

 

3.    Key issues

 

3.1    Privacy

The development application report put before the 14 May 2013 Planning Committee Meeting discussed privacy to the northern neighbour in detail and considered that the level of privacy afforded to the northern neighbour by the proposed dwellings was reasonable. It was noted that due to the subdivision pattern, some privacy impact was likely to result, however the proposed design allowed this to remain within an acceptable level, given the master plan provides for this particular relationship between buildings.

 

In respect of the planning controls, the compromises reached are acceptable and will further improve privacy to the northern neighbour. The additional privacy measures will not eventuate in any significant detrimental impacts.

 

The matters agreed upon at mediation are capable of being required through appropriate conditions of consent, which have been included in the schedule below.

In lieu of the above, the application is recommended for approval, subject to said conditions.

 

3.2    Additional contentions raised by the objecting party

Throughout the mediation the objector raised a number of additional issues. These issues were generally addressed in the previous assessment report, however specific comments in relation to the following matters are provided below:

 

·      Request the first floor rear setback be nine (9) metres;

·      Request the ridge height be consistent to Hannan Lane;

 

Planning comment: The master plan applicable to the site identifies a number of built form controls that relate to height and setbacks. The master plan controls for these sites are shown in Figures 9 and 10, below:

 

Figure 9: The built form controls established within DA/343/2009, applicable to the subject sites and those to the north and east.

Figure 10: The subject sites as identified within the built form controls established within DA/343/2009.

 

Both 94 and 96 Storey Street are subject to a minimum 4.5 metre rear building setback at ground floor level, as shown on the above envelope diagrams.

 

The plan previously put before Council provided 4.5 metres to the rear extent of each building. A rear deck proposed at 94 Storey Street was sited four (4) metres from the rear boundary, however was not interpreted to be subject to the setback control, given no contribution to building bulk.

 

Further to the mediation outcome agreeing to an increased setback of the deck, the buildings, as well as all associated structures such as decks, now exist no closer than 4.5 metres from the northern boundary.

 

At first floor level, to both front and rear, the diagrams indicate a cross hatched area. The cross hatching indicates an articulation zone. At the rear, the articulation zone requires between 4.5 and nine (9) metres in setback must be provided from the rear boundary. At first floor level, the dwellings may occupy up to 50% of the articulation zone, of which both dwellings comply.

 

Both the proposed dwellings comply with the provisions of the master plan in relation to height and setbacks. The scheme is consistent with development in the vicinity and does not result in any unreasonable environmental impacts upon surrounds.

 

·      Request the plans show any proposed clothes line and that it be screened;

 

Planning comment: The rear open spaces of each site are afforded sufficient screening via plantings and a boundary fence. Providing a clothes line within the rear open space of each site is a reasonable preference of the applicant which does not require consent of Council. The matter is not considered to be of significant privacy concern and as such has not been pursued with the applicant.

 

·      Concern that excavation for the proposed basement garage will affect the structure of the objector’s building.

 

Planning comment: The recommended conditions of consent require that where excavation works are being undertaken in the zone of influence of an adjoining structure or where vibration is likely to result in potential damage, a dilapidation report must be prepared in respect of the relevant adjoining site/s. Support and protection of the adjoining land is also necessary where undertaken within soil conditions that necessitate such measures.

 

Relationship to City Plan

 

The relationship to the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

The design scheme presents a reasonable privacy outcome in respect of adjoining sites, and through mediation, the design has been further amended to respond to any potential privacy issues that may arise.

 

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

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/696/2012 for construction of a two (2) storey dwelling with basement garage and associated works on each of 94 Storey Street & 96 Storey Street, resulting in two (2) new dwellings in total, at No. 94 and 96 Storey Street, 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

Rev

Drawn by

Dated

Received by Council

DA2-01 Landscape Plan

1

S.Chew

September 2012

1 November 2012

DA2-02 Basement Plan

1

DA2-03 Ground Floor Plan

2

27 February 2013

DA2-04 First Floor plan

2

27 February 2013

DA2-05 Roof Plan

2

27 February 2013

DA2-06 South  & North Elevations

2

27 February 2013

DA2-07 East Elevations

1

1 November 2012

DA2-08 West Elevations

2

27 February 2013

DA2-09 Section x-x

1

1 November 2012

DA2-10 Section y-y & z-z

1

 

BASIX Certificate

No.

Dated

Received By Council

Single Dwelling

(94 Storey St, Maroubra)

446200S

14 September 2012

1 November 2012

Single Dwelling

(96 Storey St, Maroubra)

446282S

 

Storey Street and Hannan Lane fencing

2.       Fencing to the Storey Street and Hannan Lane street frontages shall be no higher than 1800mm and remain at least 50% open to the top two-thirds of the fence.

 

Amendment of plans and documentation

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

a.   The rear, ground floor deck of No. 94 Storey Street shall be reduced by 450mm, to achieve a 4.5 metre setback from the rear boundary, as indicated in red on the approved plans.

 

The above amendments shall be incorporated into the plans to the satisfaction of the Principal Certifying Authority, prior to the issue of a construction certificate.

 

Landscaping amendments

4.       Provision shall be made for a 1.0 metre wide, deep soil garden bed along the length of the northern boundaries of each site, in which a continuous evergreen hedge shall be planted. Planting shall be generally consistent with the submitted Landscape Plan. 

 

Despite the Landscape Plan, where adjacent the rear open space of 1 Hannan Lane , an advanced species selected from the list provided below shall be installed. At the time of installation each plant shall be advanced - of at least 1500mm in height and be suitable in attaining height of 2.5 metres at maturity, but will not exceed 4 metres. Plantings must be evenly spaced to achieve a uniform, dense cover.

 

A suitable species for the above requirement may be selected from the following shortlist:

·      Syzygium australe 'Aussie Southern'

·      Syzygium 'Bush Christmas'

·      Syzygium wilsonii

·      Syzygium 'Cascade'

·      Amena smithii 'Minor'

·      Acmena smithii minor 'Sunrise' or 'Cherry Surprise'

 

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

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.       External colours, materials and finishes must be consistent with the relevant approved plans and documentation, including the schedule provided on Plan ‘DA2-08’, Revision 2, prepared by S. Chew and received by Council on 27 February 2013.

 

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

 

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

 

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 $763,510.00, the following applicable monetary levy must be paid to Council: $ 7635.10.

       

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

 

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

 

Long Service Levy Payments

8.       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

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

10.     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:

 

Vehicle Entrance

·      Match the back of the footpath at all points opposite.

 

Pedestrian Entrance

·        20mm above the back of the footpath at all points opposite the path.

 

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.

 

11.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1583 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

Sydney Water

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.

 

Groundwater

14.     As the proposed basement level may be affected by fluctuations of the water table, the following requirements apply:

 

a.  The design and construction of the basement level must preclude the need for any dewatering after construction.

 

b.  That part of the development that may be impacted by the water table must include a water proof retention system (i.e. a fully tanked structure) with adequate provision for future fluctuations of water table levels. (It is recommended that a minimum allowance for a water table variation of at least +/-1.0 metre beyond any expected fluctuation be provided). The actual water table fluctuation and fluctuation safety margin must be determined by a suitably qualified professional.

 

Drainage Easement

15.     All proposed footings located adjacent to drainage easements shall either be:

b.  Founded on rock, or;

c.  Extended below a 30 degree line taken from the level of the pipe invert at the edge of the drainage reserve/easement (angle of repose).

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

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

 

Stormwater Drainage

16.     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.

 

17.     The site stormwater drainage systems for the dwellings are to be provided in accordance with the following requirements;

 

a)     Roof stormwater must be directed to a suitably designed and constructed rainwater tank, as required in the relevant BASIX Certificate for the dwelling/s:

 

b)     The overflow from the rainwater tank and other surface stormwater must be discharged as per the following; 

 

For 94 Storey Street:

i.     Directly to the Council drainage pit located at the front of the subject site on the footpath verge

 

ii.    Directly to the inter-allotment drainage pit located at the southwest corner of the property.

 

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

 

For 96 Storey Street:

 

i.     Directly to Council’s underground drainage system via the existing drainage pit located within the subject site and adjacent to the Storey Street frontage.

 

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

 

c)     Should stormwater be discharged to Council’s underground drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the sites 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)     Should a pump-out system be required to drain any portion of the site the pump-out system  must be provided with two pumps connected in parallel (with each pump being capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well is required to be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working. All pump-out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter

 

Pump-out systems must be designed by a suitably qualified and experienced hydraulic consultant/engineer and the pump-out system designed and constructed generally in accordance with Council's Stormwater Code.

 

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 into Council’s underground 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, 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 street alignment.

 

New Street Tree

18.     The applicant must submit a payment of $500.00 (including GST) to cover the cost for Council to supply, plant and maintain a new 25 litre Agonis flexuosa (Willow Myrtle) and timber tree guard on the Storey Street verge, an equal distance between the proposed vehicle crossing for no.94 and the eastern 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 the new tree and guard upon the completion of all site works.

 

Street Tree Protection

19.     In order to ensure retention of the Agonis flexusoa (Willow Myrtle) and timber tree guard on the Storey Street verge, centrally across the width of no.96, as well as the two Hibiscus tileaceus ‘Rubra’ (Ruby Hibiscus) on the Hannan Lane verge, being one centrally along the length of this frontage, and one in line with the northern site boundary of no.94 in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these three trees, with the position and diameter of their trunks/tree guards to be clearly shown in relation to all works.

 

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 3 metres off the tree guards.

 

c.       The eastern edge of the crossing for no.96 must be setback a minimum distance of 3.5 metres off the tree guard of the street tree on Storey Street, near the corner of Hannan Lane.

 

d.       Safety tape/para-webbing/shade cloth or similar shall be permanently attached to the three tree guards so as to completely enclose each tree for the duration of works, and 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.       The applicant is not authorised to perform any works to these trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

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

 

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

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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 fencing / hoardings to the perimeter of the site;

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Demolition & Construction Waste

29.     A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development, to the satisfaction of Council.

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

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

 

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

 

Site Signage

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

 

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

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

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

 

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·          Work Health and Safety Act 2011

·          Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

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

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

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Survey Requirements

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

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

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

·           as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Site Amenities

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

 

Road/Asset Opening Permit

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

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

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

47.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

48.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

Swimming Pool Safety

49.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Spa Pool Safety

50.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

51.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

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

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

52.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” (which can be found on Council’s website under ‘Find a Form’) form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

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

 

54.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to 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.

 

Stormwater Drainage

56.     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.

 

57.     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).

 

58.     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.

 

59.     If basement tanking/waterproofing is required the applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level. 

 

Landscaping

60.     Further to the landscaping requirements of Condition No. 4, the PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Emmanuel Realty, dwg DA2-01, dated September 2012, prior to the issue of a Final Occupation Certificate, with the owners to ensure it is maintained in a healthy and vigorous state until maturity.

 

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

 

 

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of premises

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

 

External Lighting

63.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Street Numbering

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

 

Waste Management

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

 

Plant & Equipment

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

 

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

 

Swimming/Spa Pools

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

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

·       before 7.00am or after 8.00pm on any other day.

 

Air Conditioners

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

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

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

 

 

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

 

 

 

Attachment/s:

 

1.View

Report for DA/696/2012, 94 & 96 Storey Street, MAROUBRA on 14 May 2013

 

 

 

 


Report for DA/696/2012, 94 & 96 Storey Street, MAROUBRA on 14 May 2013

Attachment 1

 

 

 

Development Application Report No. D38/13

 

 

Subject:                  94 & 96 Storey Street, Maroubra (DA/696/2012)

Folder No:                   DA/696/2012

Author:                   Scott Williamson, Development Assessment Officer     

 


Proposal:                     Construction of a two (2) storey dwelling with basement garage and associated works on each of 94 Storey Street & 96 Storey Street, resulting in two (2) new dwellings in total.

Ward:                      West Ward

Applicant:                Archman Design Services

Owner:                         Emmanuel Reality PTY LTD

Summary

Recommendation:     Approval

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is reported to Council at request of Councillors Stavrinos, Andrews and Nash.

 

The application seeks consent for the construction of two (2) dwellings, each on its own lot at 94 and 96 Storey Street, Maroubra. Each dwelling contains basement parking for two (2) vehicles, five (5) bedrooms and involves associated landscaping and site works.

 

Both the sites are zoned Special Uses 5 under RLEP 1998. The sites are currently vacant and are subject to a staged DA/Master plan, approved under DA/343/2009. The Master plan sets out built form controls for the subject sites and those to the north and east, in the location of the former Maroubra Junction Infants School.

 

The application was notified between 6 November 2012 and 20 November 2012. One (1) submission was received in response to the notification. The primary concerns raised involved that of built form, privacy and construction work issues. 

 

The applicant amended the proposal on 27 February 2013 at request of Council Officers. Amendments were made to wall height and privacy aspects to improve compliance of these aspects with the original Master plan.

 

The application was not required to be re-notified as a result of amendments made on 27 February 2013, given the reduced impact posed by the development from that originally proposed. 

 

The proposed design scheme is considered satisfactory as it relates to the Master plan applicable to the site and imposes minimal adverse impacts upon the streetscape and surrounding sites.

 

The application is recommended for approval, subject to conditions.

 

2.    Proposal

 

The application proposes construction of two (2) dwellings, each on an existing, vacant lot at 94 and 96 Storey Street, Maroubra.

 

The applicant submitted amended plans on 27 February 2013, in response to issues raised by Council. The below assessment is based upon the application as amended by the information received on 27 February 2013.

 

94 Storey Street;

 

An excavated parking area is proposed at lower ground floor level, providing for two (2) parking spaces, maneuvering area and waste storage.

 

At ground floor level the dwelling provides for open plan kitchen, living and dining, sitting room and guest bedroom, two (2) bathrooms and laundry. A deck is attached to the north elevation at the rear.

 

At first floor level, a master bedroom with ensuite and walk-in–wardrobe, three (3) additional bedrooms, two (2) bathrooms and common area are accommodated. Balconies are proposed to the front elevation overlooking Storey Street, and at the rear looking north to the rear open space.

 

External works are proposed across the site, including a water feature on either side of the entry and piered masonry fencing of 1800mm in height to the Storey Street frontage.

 

96 Storey Street;

 

An excavated parking area is proposed at lower ground floor level, providing for two (2) parking spaces, maneuvering area and waste storage.

 

At ground floor level the dwelling provides for open plan kitchen, living and dining, sitting room and guest bedroom, bathroom, laundry and storage. A wrap around deck is proposed the length of the east elevation.

 

At first floor level, a master bedroom with ensuite, three (3) additional bedrooms, two (2) bathrooms and common area are accommodated. A balcony of 20 square metres is proposed to the east elevation, overlooking Hannan Lane. Two balconies are proposed overlooking Storey Street, both connected to bedrooms and having 5.6 and 8.6 square metres in area.

 

External works are proposed across the site, including a water feature within the eastern setback and piered masonry fencing of 1800mm in height to the Storey Street and Hanna Lane frontages.

 

Figure 1: Montage of proposed dwelling at No.94, as viewed from Storey Street .

Figure 2: Montage of the proposed west elevation of No. 94 Storey Street.

Figure 3: Montage of the proposed north elevation of No. 94 Storey Street.

Figure 4: Streetscape montage of 94 & 96 Storey Street.

 

Figure 5: Montage of the proposed dwellings, viewed from the intersection of Hannan Lane and Storey Street.

Figure 6: Montage of proposed dwelling at No.96, as viewed from Hannan Lane.

A site inspection was carried out on 3 December 2012.

 

3.    Site context

 

The proposal is inclusive of two (2) vacant sites that have been Torrens Title subdivided under DA/343/2009 and form part of a larger Master plan.

 

The western most site is described as Lot 7 in DP1146915, known as 94 Storey Street, Maroubra. The eastern site is described as Lot 8 in DP1146915, known as 96 Storey Street, Maroubra.

 

The subject sites are zoned Special Uses 5.

 

The sites are located on the northern side of Storey Street, at the intersection of Storey Street and Hannan Lane.  The parcels are both of regular shape and oriented roughly north-south. The topography of the sites sees a slight fall of roughly one (1) metre from the south-east corner of 96 Storey Street to the north-west corner of 94 Storey Street.  

 

The dimensions and land area of 94 Storey Street are summarised in the table below:

 

Boundary

Length

Land area

Northern, rear  boundary

17.48m

445m2

Southern, Storey Street boundary

17.49m

Eastern, side boundary

25.46m

Western, side boundary

25.46m

 

The dimensions and land area of 96 Storey Street are summarised in the table below:

 

Boundary

Length

Land area

Northern, rear  boundary

17.49m

442.7m2

Southern, Storey Street boundary

15.49m

Eastern, Hannan Lane boundary

23.43m

Western, side boundary

25.46m

 

Both sites are presently vacant.

 

Neither site is recognised as being of any heritage significance within the provisions within RLEP 1998.

 

4.    History

 

4.1      Site History

 

·      645- 651 Anzac Parade, Maroubra - DA/343/2009:

 

The site is subject to a Master Plan, approved on 8 September 2009, under DA/343/2009.

 

DA/343/2009 gave consent for bulk earthworks, infrastructure works and Torrens Title subdivision into 15 residential lots. A Master plan was applied to the entirety of the site, inclusive of the two (2) sites the subject of this assessment. The provisions of the Master Plan are discussed in more detail below.

 


Master plan figures:

 

Figure 7: The built form controls established within DA/343/2009, applicable to the subject sites and those to the north and east.

Figure 8: The subject sites as identified within the built form controls established within DA/343/2009.

 

Master plan conditions:

 

A number of conditions were applied to the consent of DA.343.2009. The following conditions are highlighted as relevant to the subject application:

 

6.  No balconies and no window openings linked to living rooms are to be installed on the west elevation of the proposed dwelling house on Lot 7.

 

7.  All future residential development on the subject site shall be in accordance with the design criteria/principles contained in plan numbered DA02, DA03, DA04, DA05, SK01, and BE1 to BE11, all dated 29 May 2009, prepared by Molnar Freeman Architects Pty Limited, as amended by Condition No. 5 of the consent, and received by Council on 2 June 2009.

 

8.  All future residential development on the subject site shall be the subject of a development application to Council.

 

9.  In order to ensure a coherent architectural language is achieved in the design of the proposed development, all new buildings on the sub-divided allotments shall be of high visual quality and designed in a contemporary architectural form that avoids references to historicist architectural styles and periods. Use of elements such as complex roofs with multiple hips and gables, dormers, turrets, finials, porticoes, and mock Federation, Tudor, Georgian, Tuscan, Manor House references and the like are not permitted.

 

·      1 Hannan Lane, Maroubra - DA/313/2010:

 

DA/313/2010 was lodged seeking consent for construction of a new two (2) storey dwelling with double garage, swimming pool and gazebo.

 

The scheme presented a number of non compliances with the Stage 1 approved building controls. An FSR of 0.66:1 was proposed, where the Master plan outlined 0.58:1. The scheme also presented a number of setback and height no compliances.

 

The application was withdrawn further to advice of Council.

 

·      1 Hannan Lane, Maroubra – DA/369/2010:

 

DA/369/2010 was approved on 7 September 2010 for construction of new two (2) storey dwelling with garaging, swimming pool and gazebo to rear fencing, and associated works.

 

·      4 Hannan Lane, Maroubra - DA/1011/2010

 

DA/1011/2010 was approved on 23 March 2011 for construction of a new two (2) storey dwelling house with basement level garage, new fencing and landscaping works.

 

The scheme supported a floor space ratio of 0.62.:1, as required by the Stage 1 Master plan. A basement garage of similar fashion to those propsoed in the subject application was approved as part of the scheme.

 

·      9 Hannan Lane, Maroubra - DA/432/2010

 

DA/432/2010 was approved on 6 August 2010 for construction of two (2) storey dwelling with basement level plant and store rooms, swimming and spa pools, fencing and associated works.

 

4.2      Application History

 

Date

Issue/ Action

27 February 2013

In response to requests of Council, the applicant submitted amended plans and information including:

·      Amend the Storey Street façade of No.94 to reduce wall height. Roof form also amended;

 

·      Amend openings to the west elevation of No.94;

·      Amend the rear first floor balcony of No. 94;

·      Additional Geotechnical information submitted regarding basement garage.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the application between 6 November 2012 and 20 November 2012 in accordance with the DCP – Public Notification. As a result of this notification, one (1) submission was received.

·      1 Hannan Lane, Maroubra.

 

Issue

Comment

Basement issues:

·    The basement raises the building platform, introducing privacy issues;

 

·    Height and wall height due to basement is higher than 1 Hannan Lane, enclosing the neighbour.

 

The construction of basement parking is evident within the immediate vicinity and in this instance, will not initiate any detrimental impacts upon the streetscape or adjoining sites.

The levels of the proposed dwellings are consistent with that approved to 1 Hannan Lane.

Built form:

·    Eastern elevation setback to Hannan Lane is inconsistent with the Master plan;;

·    96 Storey Street setbacks to Hannan Lane prevent view lines to Storey Street intersection;

·    Patio roof and balcony to 96 Storey Street enclose 1 Hannan Lane;

·    North elevation is inconsistent with 4.5 and 9 metre setbacks required by the Master plan;

·    Landscaping issues due to basement;

·    Water run off due to higher ground levels;

·    The bulky roof is high and busy.

 

The proposed landscaping, built form and setbacks are discussed below.

The proposed dwellings are within the envelope contemplated by the Stage 1 Master plan and do not result in any substantial environmental impacts. This is inclusive of the basement parking areas.

The proposed levels are very similar to that approved on the adjoining site. Suitable conditions are included to deal with water runoff onto the adjoining site.

Each roof complies with the provisions of the Master plan and does not result in any unreasonable environmental impacts.

Privacy:

·    Basement level raises the houses, initiating privacy issues;

·    Request deletion of basement window;

·    Request no direct view lines be allowed to 1 Hannan Lane, including front yard, patio, house entry, any open windows on the southern side of the dwelling, backyard;

·    Ground floor patio is higher than ground floor of 1 Hannan Lane, impacting privacy;

·    Request ground floor windows and doors be obscured to 1500mm;

·    Balcony to 96 Storey Street impacts privacy and should be deleted;

·    Louvres must be placed along the whole north elevation balcony of No, 94.

 

Privacy is discussed below.

The applicant has provided sufficient privacy measures along the north elevation and rear boundary of the site. Requiring further privacy measures is not considered reasonable.

The basement does not substantially elevate the building, with levels remaining very similar to that at 1 Hannan Lane .

Construction issues:

·    Concern that excavation for the basement garages will cause structural issues to the northern neighbour;

·    Concern during construction due to 1 Hannan Lane being white;

·    Concern during construction of soil and sediment runoff.

 

Standard conditions of consent are recommended to ensure the reasonable protection of the neighbouring sites during works, including preparation of dilapidation reports, sediment and erosion control, as well as dust control measures.

 

Other:

Property devaluation.

 

Property value is not a relevant planning consideration.

 

The application was not required to be re-notified as a result of the amendments of 27 February 2013, given the amendments posed a reduction in impact of the original scheme.

 

6.    Technical Officer’s Advice

 

6.1      Development Engineer:

 

Parking Comments

Parking Provision

Both of the proposed dwellings comply with the minimum parking provisions of Council’s DCP-Parking with two spaces provided within the basement garages.

 

Parking Layout

The basement carspaces in both dwellings comply with the minimum requirements of Australian Standard 2890.1:2004. The driveway grades into the basements do not exceed a grade of 1 in 8 (12.5%) which is generally acceptable although a transition may be required at the property alignment interface as the grade change may exceed 1 in 8. A condition has been included in this report requiring compliance with AS 2890.1:2004.

 

Geotechnical Comments

Following additional information provided by the applicant the assessing officer is advised that a new geotechnical report is no longer required at the DA stage. Not withstanding the errors and inconsistencies it was considered that as the proposal will only require a 3.5m excavation and the water table was detected at 7.5m a referral to the Office of Water as Integrated Development is not required.

 

As substantial fluctuations in the water table of several metres have been reported in recent years in Randwick LGA however a condition has been included requiring a further geotechnical investigation prior to issuing of a construction certificate.

 

Drainage Comments

On site detention will be required and in accordance with the requirements set out in DA consent 343/2009 for the subdivision and Council’s private stormwater code.

 

6.2      Landscape Officer:

 

There is no vegetation within this site at all due to previous land clearing activities, with the concept landscape plan (DA2-01) for both dwellings containing an informal mix of both native and exotic species, with conditions requiring that this be implemented as part of the works.

               

On the Storey Street verge, there are two, 2m tall Agonis flexuosa (Willow Myrtles) with timber tree guards that were installed as part of earlier infrastructure/sub-division works so as to improve the appearance of the development and its relationship to the streetscape, and comprises one towards the western boundary of no.94, and one centrally across the width of no.96.

 

Based on the submitted plans, it will not be possible to retain the western tree given that the new crossing for no.94 is shown as occupying this same area, and as there is ample room for a replacement to be provided immediately to its east, which could maintain the streetscape, conditions allow the applicant to remove this tree at their cost, and must also cover the costs for a replacement.

 

The other tree in front of no.96 will be sited several metres away from the proposed crossing, so can be retained, with conditions requiring that it be protected as part of the works, with the same also applying to the two, 2m tall Hibiscus tileaceus ‘Rubra’ (Ruby Hibiscus) with timber tree guards, on the Hannan Lane verge, being one about halfway along the length of this frontage, and one right in line with the northern site boundary of no.96.

 

7.    Relevant Environmental Planning Instruments

 

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

 

SEPP: BASIX applies to the proposed development. The development application is accompanied by a BASIX Certificate for each dwelling, pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000. Should the proposal be supported, these commitments could be required through conditions of consent.

 

7.2      Consideration of transitional planning controls

 

The Randwick Local Environmental Plan 2012 (RLEP 2012) commenced on 15 February 2013. The subject application was lodged on 1 November 2012 and is subject to the savings provisions contained within Clause 1.8A of RLEP 2012.

 

Pursuant to Clause 1.8A, the primary local planning instrument for the subject application remains Randwick Local Environmental Plan (Consolidation) 1998 (RLEP 1998). RLEP 2012 remains a matter of consideration.

 

7.3      Randwick Local Environmental Plan 1998 (Consolidation)

 

·      Clause 17- Zoning objectives

Clause 17 provides objectives for the Special Uses 5 Zone.

 

The proposed individual dwelling houses are permissible within Zone No. 5 (Special uses), with consent of Council.

 

The proposal is considered to satisfy the objectives of the Special Uses 5 zone, notably allowing for the redevelopment of land no longer required for a special use. The proposal remains consistent with that contemplated within the Stage 1 approval on the site, as discussed in the relevant sections of this report.

 

7.4      Randwick Local Environmental Plan 2012 (RLEP 2012)

 

The application is subject to the savings provisions of Clause 1.8A of RLEP 2012.

 

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

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained within RLEP 2012, as they relate to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

 

Zoning:

 

The sites are zoned Low Density Residential R2.

Yes.

Permissible under the proposed zoning?

Yes

Floor Space Ratio (Max)

0.75:1 (per site)

0.6:1 (per site)

Yes.

Height of Building (Max)

9.5m (per site)

9.5m (per site)

 

Yes.

 

Heritage:

·    In the vicinity of a Heritage Item

 

A heritage item is located at 653 Anzac Parade, to the east. The proposal will not detrimentally impact upon the Heritage item.

 

The objectives of R2 Medium Density Residential zone provide the following guidance for new development:

 

•     To provide for the housing needs of the community within a low density residential environment;

•     To enable other land uses that provide facilities or services to meet the day to day needs of residents;

•     To recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition, that contribute to the desired future character of the area;

•     To protect the amenity of residents;

•     To encourage housing affordability;

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

 

The scheme has been designed to maintain the desirable attributes of the established residential area through providing an articulated development of appropriate scale, that:

 

·    Contributes positively to the housing needs of the community and the variety of residential accommodation options available in the area;

·    Will positively contribute to the existing and desired future character of the streetscape and built form of the locality;

·    Initiates minimal bulk and scale, privacy and shadow implications, thus remaining sympathetic to the amenity of neighbouring sites.

 

7.5      DA/343/2009 – Stage 1 Conditions and Master plan

 

Both 94 and 96 Storey Street are subject to a number of conditions of consent and a master plan, established under the Stage 1 approval of DA/343/2009. The Master plan provides built form controls for future residential development on the subject lots and is effectively a site specific DCP. Conditions of consent provide broader design guidance in the implementation of the master plan. The provisions of DA/343/2009 are addressed as follows and where the master plan is silent, the provisions of the Dwelling Houses and Attached Dual Occupancies DCP have been employed as a guide.

 

Conditions of consent to DA/343/2009, as applicable to Lots 7 & 8

Condition

94 Storey Street (Lot 7)

96 Storey Street

(Lot 8)

6. No balconies and no window openings linked to living rooms on the west elevation of Lot 7.

 

Highlight windows provided and privacy screens provided. Discussed below.

N/A

 

7. All future residential development to comply with the built form controls identified in the plans approved to DA/343/2009;

 

The built form controls are addressed in the context of each site below. Both proposed dwellings comply with the controls.

 

8. All future residential development required to obtain consent of Council;

 

The subject application has been lodged in meeting this requirement.

 

9. New buildings on the sub-divided allotments shall be of high visual quality and designed in a contemporary architectural form that avoids references to historicist architectural styles and periods. Use of elements such as complex roofs with multiple hips and gables, dormers, turrets, finials, porticoes, and mock Federation, Tudor, Georgian, Tuscan, Manor House references and the like are not permitted.

 

 

·     Both proposed buildings are highly articulated and of contemporary design.

·     The roof form comprises a hip and valley form in the case of 96 Storey Street. Composite skillion roof forms are provided in the case of 94 Storey Street.

·     The designs do not attempt to replicate any particular historic architectural typology.

 

 

 

Built form Controls for Lots 7 & 8

 

Control

Stage 1 requirement

(DCP controls where Stage 1 is silent)

94 Storey Street

(Lot 7)

96 Storey Street

(Lot 8)

Lot Size

 

Subdivision complete per DA/343/2009

445m2

442.7 m2

FSR

0.6:1

 

0.6:1 - Complies

 

 

0.6:1 - Complies

 

Min. Landscaped Area

50% of site area

55% - Complies

 

56% - Complies

 

Min. Soft Landscaped Area

25% of site area

 

27% - Complies

 

37% - Complies

 

Max. Wall Height

7m

7 metres  - Complies

7 metres – Complies

Max. Building Height

9.5m

9.5 metres – Complies

9.5 metres – Complies

Front Setbacks

 

Ground floor: 4 metres;

 

4 metres – Complies

 

4 metres - Complies

 

First floor: 4 metres,

+ 2 metre articulation zone.

4 metres minimum;

 

Bulk in articulation zone < 50%.

 

- Complies

4 metres minimum;

 

Balcony in articulation zone occupies < 50%.

 

- Complies

Rear Setbacks

 

Ground floor: 4.5 metres;

 

 

5.4 metres to building bulk.

 

- Complies

 

5.2 metres to building bulk.

 

- Complies

 

First floor: 4.5 metres, + 4.5m articulation zone.

 

 

7.45 metres minimum;

 

Bulk and balcony in articulation zone occupy < 50%.

 

- Complies

5.2 metres minimum;

 

Bulk in articulation zone < 50%.

 

- Complies

 

 

Built form Controls for Lots 7 & 8, continued;

Side Setbacks

 

94 Storey Street:

 

West side setback: 1500mm

 

East side setback:

900mm ground floor;

1500mm first floor.

 

 

 

2300mm at ground and first floor – Complies.

 

 

2000mm to ground and first floor – Complies.

N/A

 

96 Storey Street:

 

West side setback:

900mm ground floor;

1500mm first floor.

 

East side setback:

2500mm.

 

N/A

 

 

900mm at ground floor;

1500mm to first floor – Complies.

 

 

3000mm to ground and first floor  - Complies.

Fencing

Front fences no higher than 1800mm, with upper 2/3 remaining 50% open.

Storey Street fencing of piered masonry construction, up to 1800mm. Condition to require upper 2/3 remains 50% open.

- Complies

Storey Street & Hannan Lane fencing of piered masonry construction, up to 1800mm. Condition to require upper 2/3 remains 50% open.

- Complies 

Solar Access and Design

 

Three (3) hours maintained to adjoining private open spaces and north facing windows on 21 June.

 

Morning shadow impact upon 92 Storey Street only. Three (3) hours retained in the afternoon.

- Complies  

Morning shadow impact upon 94 Storey Street only. Three (3) hours retained in the afternoon.

- Complies 

 

7.6      Dwelling houses and Attached Dual Occupancies DCP

 

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

 

The application has been assessed against, and is consistent with, the objectives and performance requirements of the DCP. The development will not result in significant impacts upon either the amenity of the adjoining premises or the character of the locality. The issues elaborated upon within Section 7 have been raised as concerns during the assessment of the application or where the ‘deemed to satisfy’ provisions have not been met.

 

8.    Key Issues and Areas of Non Compliance:

 

8.1      Floor Space Ratio

 

The master plan identifies a maximum of 0.6:1 FSR may be provided on the subject sites. The proposed dwellings each seek to include a floor space of 0.6:1.

 

The issue of excessive floor space and the inclusion of basement parking areas was raised as concern by the northern neighbour during notification. The following definition is provided within RLEP 1998 in regards to floor space:

 

gross floor area means the sum of the areas of each level of a building where the area of each level is taken to be the area within the inner face of the external enclosing walls and the area of any attic measured at 2.1 metres above the floor level of the attic excluding:

 

 (c)  associated car parking and any internal vehicular or pedestrian access to that parking (to ground level), and

 

As such the basement area, being used for associated parking required by the Parking DCP, and the remainder for vehicle maneuverability, is omitted from FSR calculations  by virtue of the definition. It is also noted that the dwelling at 4 Hannan Lane was approved under the provision of the Master plan and provides for a basement garage of similar fashion.

 

The proposal is consistent with the provisions of the master plan and surrounding development is supported by this assessment.

 

8.2      Cut and fill

 

The application proposes excavation for the purpose of basement garages on each site. Alteration of levels to achieve the new building platforms and grading of the rear open spaces of each site is also proposed to enable functionality.

 

The proposal is considered acceptable in locating parking below ground and in the need to obtain a level foundation for the dwellings. The extent of varied land levels is not excessive or inconsistent with the surrounding sites, which have all been altered to varying degrees to accommodate the development of dwellings, some of which have basement garages of a similar fashion. The extent of cut and fill proposed is considered acceptable.

 

8.3      Visual and Acoustic Privacy

 

Condition 6 of DA/343/2009

 

DA/343/2009 was determined with the following condition of consent applicable to 94 Storey Street:

 

6.  No balconies and no window openings linked to living rooms are to be installed on the west elevation of the proposed dwelling house on Lot 7.

 

The proposal features two (2) balconies and a number of openings to the west elevation of the dwelling, some linked to living rooms. In response to the condition, the design incorporates only highlight windows to this elevation and privacy screening where balconies have a western aspect.

 

In allowing the proposed dwelling to obtain a sufficient level of internal amenity, it is not considered reasonable to require that no openings or balconies have a western aspect. No openings on the west elevation would also eventuate in a blank wall to the western neighbour, contributing to an undesirable planning outcome.

 

The intention of the condition, to maintain privacy to 92 Storey Street, is achieved via the inclusion of highlight windows and privacy screening. Given this, the west elevation is considered to satisfy the requirements of Condition 6 of the Stage 1 approval on the site.

 

Privacy between 94 and 96 Storey Street

 

The design incorporates measures to minimise any privacy implication between the two (2) proposed dwellings. Highlight windows, blade walls, privacy screening and orienting of views away from the adjoining site all work to effectively mitigate any potential for privacy issues between sites.

 

Adjoining privacy

 

As a guide, the provisions of the Dwelling Houses and Attached Dual Occupancies DCP provide for the following privacy guidance within Section 4.5:

 

§  To ensure that new buildings and additions meet occupants’ and neighbours’ requirements for visual and acoustic privacy.

 

P1           Overlooking of internal living areas and private open spaces of residential development is minimised through appropriate building layout, location and design of windows and balconies and, where necessary, separation, screening devices and landscaping.

 

P2           Balconies are designed to provide adequate privacy for occupants of the building when viewed from other private open spaces, public spaces or the street.

 

P3           Dwellings close to noise sources such as busy roads or industry are designed to provide a comfortable living and sleeping environment.

 

The northern neighbour raised concern in relation to most openings, balconies and levels involved in the proposal during notification. Those aspects raised that relate to the east, west and south elevations are not discussed further, as privacy implications to the north are not possible.

 

Those aspects with legitimate potential to introduce privacy concern to the northern neighbour are discussed as follows: 

 

Rear open space:

 

Within the rear open space of each site, the application proposes leveling. Concern was raised from the northern neighbour in relation to these levels providing elevated standing position to view over the northern boundary fence.

 

The levels proposed have been compared to that approved to the northern neighbouring site and relate as follows:

 

·      The rear open space of 94 Storey Street is proposed to be graded at RL 27.0 and RL 27.5. The area adjacent within the northern neighboring site was approved at RL 27.19 and RL 27.4 under DA/369/2010;

 

·      The rear open space of 96 Storey Street is proposed to be graded at RL27.5 and RL28.5. The area adjacent within the northern neighbouring site was approved at between RL 27.63 and RL28.65 under DA/369/2010.

 

The levels proposed within the rear open space of each site are very similar to that approved under DA/369/2010 on the northern neighbouring site. No privacy implication is considered to arise from the proposed rear yard levels.

 

Basement and ground floor windows and balconies

 

The northern neighbour has raised privacy concern in relation to all proposed basement and ground level windows and balconies on the north elevation. The submission outlines privacy issues arising due to the raised platform of the buildings to allow for basement parking.

 

The ground floor levels proposed relate to the northern neighbour as follows:

 

·      94 Storey Street proposes a ground floor RL of 28.2 and balcony oriented north with RL of 27.9. The northern nieghbour at 1 Hannan Lane has an approved ground floor RL of 28.2 adjacent this area of 94 Storey Street;

 

·      96 Storey Street proposes a ground floor RL of 29.2. The northern neighbour has an approved ground floor RL of 28.7 adjacent this area of 96 Storey Street.

 

Negligible difference occurs in levels proposed at 94 and 96 Storey Street to that approved to the northern neighbour. In view of this, the boundary fence and proposed screen planting along the rear boundary will be sufficient to facilitate privacy between the northern neighbour and proposed dwellings. 

 

The proposed dwellings do not introduce unreasonable privacy concern at basement and ground floor levels.

 

First floor windows and balconies

 

The northern neighbour has raised privacy concern in relation to all proposed first floor level windows and balconies on the north elevation.

 

The first floor levels proposed relate to the northern neighbour as follows:

 

·      94 Storey Street proposes a first floor RL of 31.7. The northern neighbour at 1 Hannan Lane has an approved first floor RL of 31.9 adjacent;

 

·      96 Storey Street proposes a first floor RL of 32.7. The northern neighbour has an approved ground floor RL of 31.9 adjacent.

 

Negligible difference occurs in first floor levels proposed at 94 and 96 Storey Street to that approved to the northern neighbour.

 

It should be noted the north elevation of the proposed dwellings is the primary north-facing elevation and source of solar access, light and ventilation. The corresponding elevation of 1 Hannan Lane is a south facing side elevation with predominantly highlight and frosted windows.

 

The applicant has provided substantial privacy measures across the north elevation at first floor level, including building separation in accordance with that contemplated by the master plan, landscaped screening along the rear boundary and privacy screens. Requiring further obstruction of openings and outlooks will prevent the proposed dwellings obtaining a reasonable degree of solar access, light and ventilation from their primary north-facing elevation.

 

Some windows proposed at first floor level have lower sill heights, however all correspond to bedrooms, of lower intensity of use than living spaces. These windows are limited and are considered acceptable. Again, screen planting along the northern boundary will provide privacy to the north.

 

It is considered some privacy implication to the north is inevitable as a result of the subdivision pattern. The proposal responds appropriately to this, through inclusion of the above detailed privacy measures. The expectation of 1 Hannan Lane retaining 100% privacy and having the elevation entirely screened is unreasonable. Regardless, an acceptable level of privacy will be retained to the northern neighbour.

 

The proposal is supported in relation to privacy. 

 

8.4      Safety and Security

 

As a guide, the provisions of the Dwelling Houses and Attached Dual Occupancies DCP provide for the following safety and security guidance within Section 4.6:

 

P1           Buildings are designed to face the street and overlook streets and other public areas to provide casual surveillance of the public domain.

 

P2           Individual dwellings and entries are readily identifiable by visitors and emergency services by design and conspicuous house numbering.

 

P3           The design of front fences, landscaped areas and driveways allows casual surveillance from the public domain and safe access by residents to their dwellings.

 

The entry to each dwelling is readily identifiable and will be easily accessed from the front of the site. Further, the building is positioned such that the living areas and bedrooms directly overlook the Storey Street and Hannan Lane frontages, promoting casual surveillance of the streetscape. Fencing proposed to each street frontage is permeable to ensure view is maintained to and from the streetscape.

 

The northern neighbour at 1 Hannan Lane raised concern during notification regarding their ability to provide ongoing casual surveillance of the Storey Street – Hannan Lane intersection, due to the design of 96 Storey Street.

 

The proposed dwelling at 96 Storey Street fronts living spaces and balconies to the intersection, thus ensuring ongoing opportunity for casual surveillance. Setbacks to the north and eastern boundaries are consistent with that established in the master plan. The expectation of 1 Hannan Lane retaining a view line to the intersection in this context is unreasonable. 

 

The safety and security attributes of the proposal are considered satisfactory and are supported by this assessment.

 

8.5      Garages, Carports and Driveways

 

As a guide, the provisions of the Dwelling Houses and Attached Dual Occupancies DCP provide for the following garage, carport and driveway guidance within Section 4.7:

 

§  To ensure on-site car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings or the local streetscape.

 

§  To provide convenient and safe car parking and access. 

 

Carports, garages and car parking areas are located and designed to:

 

P1           Conveniently and safely serve users;

 

Enable the efficient use of car spaces and access ways, including adequate manoeuvrability for vehicles between the site and the street.

 

P2           Not dominate or detract from the appearance of the development and the local streetscape:

 

Be compatible in scale, form, materials and finishes with the associated dwelling.

 

The parking provision to each site is ideally located out of sight of the street and thus provides a preferable streetscape outcome. Minimal on-street parking loss is incurred given the proposed three (3) metre wide driveway crossings proposed to each site.

 

The basement parking areas to each dwelling are of sufficient size to accommodate maneuvering area for forward entry and exit. It is noted that a basement parking area of similar fashion was supported at 4 Hannan Lane, to the east. This site is subject to the same Stage 1 master plan provisions as the subject sites.

 

Council’s Development Engineer has advised the proposed parking situation is of acceptable dimension and further, that the submitted Geotechnical information is satisfactory in relation to the level of excavation and the water table. Suitable conditions have been recommended in this regard.

 

The driveway and parking situation proposed is considered practical and safe and is supported by this assessment.

 

8.6      Fences

 

The application proposes 1800mm high piered masonry and infill panel fencing, constructed to both the Storey Street frontage of each site and the Hanna Lane frontage of 96 Storey Street. 

 

The top two-thirds is shown to remain partially open, allowing for appropriate casual surveillance to and from the streetscape, while providing security, particularly to the corner block. The proposed fencing is considered acceptable and will be enforced via recommended conditions.

 

8.7      Parking DCP

 

The Parking DCP outlines that dwellings with three (3) or more bedrooms should provide two (2) onsite parking spaces. 

 

The proposed dwellings provide two (2) spaces within the basement parking area within each site. The proposal is satisfactory in relation to the parking DCP.

 

9.    Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Special Uses 5 under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

Randwick Local Environmental Plan 2012.

The provisions of Randwick LEP 2012 have been considered in the assessment of the application, as relevant, and are generally satisfied by the proposed development.

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

Not applicable.

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

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, except where discussed in the key issues section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

10.      Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in Urban Design and Development.

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

 

11. Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$763,510.00

 

1.0%

$7635.10

 

 

12. Financial Impact Statement

 

There is no direct financial impact for this matter.

 

13. Conclusion

 

The proposal complies with the relevant assessment criteria and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

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

 

 


 

Recommendation

 

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/696/2012 for construction of a two (2) storey dwelling with basement garage and associated works on each of 94 Storey Street & 96 Storey Street, resulting in two (2) new dwellings in total, at No. 94 and 96 Storey Street, 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

Rev

Drawn by

Dated

Received by Council

DA2-01 Landscape Plan

1

S.Chew

September 2012

1 November 2012

DA2-02 Basement Plan

1

DA2-03 Ground Floor Plan

2

27 February 2013

DA2-04 First Floor plan

2

27 February 2013

DA2-05 Roof Plan

2

27 February 2013

DA2-06 South  & North Elevations

2

27 February 2013

DA2-07 East Elevations

1

1 November 2012

DA2-08 West Elevations

2

27 February 2013

DA2-09 Section x-x

1

1 November 2012

DA2-10 Section y-y & z-z

1

 

BASIX Certificate

No.

Dated

Received By Council

Single Dwelling

(94 Storey St, Maroubra)

446200S

14 September 2012

1 November 2012

Single Dwelling

(96 Storey St, Maroubra)

446282S

 

Storey Street and Hannan Lane fencing

2.       Fencing to the Storey Street and Hannan Lane frontages shall be no higher than 1800mm and remain at least 50% open to the top two-thirds of the fence.

 

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.       External colours, materials and finishes must be consistent with the relevant approved plans and documentation, including the schedule provided on Plan ‘DA2-08’, Revision 2, prepared by S. Chew and received by Council on 27 February 2013.

 

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

 

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

 

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 $763,510.00, the following applicable monetary levy must be paid to Council: $ 7635.10.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

Vehicle Entrance

·      Match the back of the footpath at all points opposite.

 

Pedestrian Entrance

·        20mm above the back of the footpath at all points opposite the path.

 

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.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1583 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

Sydney Water

11.     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.

 

Groundwater

12.     As the proposed basement level may be affected by fluctuations of the water table, the following requirements apply:

 

a.  The design and construction of the basement level must preclude the need for any dewatering after construction.

 

b.  That part of the development that may be impacted by the water table must include a water proof retention system (i.e. a fully tanked structure) with adequate provision for future fluctuations of water table levels. (It is recommended that a minimum allowance for a water table variation of at least +/-1.0 metre beyond any expected fluctuation be provided). The actual water table fluctuation and fluctuation safety margin must be determined by a suitably qualified professional.

 

Drainage Easement

13.     All proposed footings located adjacent to drainage easements shall either be:

a.  Founded on rock, or;

b.  Extended below a 30 degree line taken from the level of the pipe invert at the edge of the drainage reserve/easement (angle of repose).

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

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

 

Stormwater Drainage

14.     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.

 

15.     The site stormwater drainage systems for the dwellings are to be provided in accordance with the following requirements;

 

a)     Roof stormwater must be directed to a suitably designed and constructed rainwater tank, as required in the relevant BASIX Certificate for the dwelling/s:

 

b)     The overflow from the rainwater tank and other surface stormwater must be discharged as per the following; 

 

For 94 Storey Street:

i.     Directly to the Council drainage pit located at the front of the subject site on the footpath verge

 

ii.    Directly to the inter-allotment drainage pit located at the southwest corner of the property.

 

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

 

For 96 Storey Street:

 

i.     Directly to Council’s underground drainage system via the existing drainage pit located within the subject site and adjacent to the Storey Street frontage.

 

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

 

c)     Should stormwater be discharged to Council’s underground drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the sites 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)     Should a pump-out system be required to drain any portion of the site the pump-out system  must be provided with two pumps connected in parallel (with each pump being capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well is required to be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working. All pump-out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter

 

Pump-out systems must be designed by a suitably qualified and experienced hydraulic consultant/engineer and the pump-out system designed and constructed generally in accordance with Council's Stormwater Code.

 

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 into Council’s underground 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, 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 street alignment.

 

New Street Tree

16.     The applicant must submit a payment of $500.00 (including GST) to cover the cost for Council to supply, plant and maintain a new 25 litre Agonis flexuosa (Willow Myrtle) and timber tree guard on the Storey Street verge, an equal distance between the proposed vehicle crossing for no.94 and the eastern 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 the new tree and guard upon the completion of all site works.

 

Street Tree Protection

17.     In order to ensure retention of the Agonis flexusoa (Willow Myrtle) and timber tree guard on the Storey Street verge, centrally across the width of no.96, as well as the two Hibiscus tileaceus ‘Rubra’ (Ruby Hibiscus) on the Hannan Lane verge, being one centrally along the length of this frontage, and one in line with the northern site boundary of no.94 in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these three trees, with the position and diameter of their trunks/tree guards to be clearly shown in relation to all works.

 

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 3 metres off the tree guards.

 

c.       The eastern edge of the crossing for no.96 must be setback a minimum distance of 3.5 metres off the tree guard of the street tree on Storey Street, near the corner of Hannan Lane.

 

d.       Safety tape/para-webbing/shade cloth or similar shall be permanently attached to the three tree guards so as to completely enclose each tree for the duration of works, and 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.       The applicant is not authorised to perform any works to these trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

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

 

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

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

 

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development, to the satisfaction of Council.

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

 

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

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

 

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

 

Site Signage

31.     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

32.     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

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

 

·          Work Health and Safety Act 2011

·          Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

37.     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.

 

38.     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.

 

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

 

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

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

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

 

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

 

Survey Requirements

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

 

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

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

·           as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Site Amenities

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

BASIX Requirements

45.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

46.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

Swimming Pool Safety

47.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Spa Pool Safety

48.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

49.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

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

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

50.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” (which can be found on Council’s website under ‘Find a Form’) form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

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

 

52.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

53.     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.

 

Stormwater Drainage

54.     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.

 

55.     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).

 

56.     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.

 

57.     If basement tanking/waterproofing is required the applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level. 

 

Landscaping

58.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Emmanuel Realty, dwg DA2-01, dated September 2012, prior to the issue of a Final Occupation Certificate, with the owners to ensure it is maintained in a healthy and vigorous state until maturity.

 

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

 

OPERATIONAL CONDITIONS

 

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

 

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

 

 

 

Use of premises

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

 

External Lighting

61.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Street Numbering

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

 

Waste Management

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

 

Plant & Equipment

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

 

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

 

Swimming/Spa Pools

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

 

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

·       before 7.00am or after 8.00pm on any other day.

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

 

 

 

ADVISORY NOTES

 

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

 

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

 


Attachment/s:

 

Nil

 


Planning Committee                                                                                                   9 July 2013

 

 

Development Application Report No. D48/13

 

 

Subject:                  417-439R Bunnerong Road, Maroubra (DA/256/2013)

Folder No:                   DA/256/2013

Author:                   City Plan Services, Pty Ltd     

 

Proposal:                     Installation of new light poles ranging from 15m to 35m on soccer fields, tennis and netball courts with flood lights, upgrade of existing lights and light poles, associated excavations and trenching for the light poles at Heffron Park

Ward:                      Central Ward

Applicant:                Randwick City Council

Owner:                         NSW Dept of Lands

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject development application is referred to the Planning Committee as it relates to Heffron Park, which is under the care, control and management of Randwick City Council.

 

2.    The Proposal

 

Installation of new light poles ranging from 15m to 35m on soccer fields, tennis and netball courts with flood lights, upgrade of existing lights and light poles, associated excavations and trenching for the light poles at Heffron Park.  The application states that it does not seek to alter the current use or intensity of use of the park.

 

3.    The Subject Site and Surrounding Area

 

 

Heffron Park is a major regional multi purpose open space and recreational facility located in Maroubra.  It is bound by Fitzgerald Avenue to the north, Bunnerong Road to the west, Jersey Road to the south and Robey Street to the east. It is legally described as Lots 7026 & 7027, DP 1026884 and Lot 1211, DP 752015.

 

Heffron Park is Crown Land under the care, control and management of Randwick City Council.

 

It has an area of approximately 44 hectares and accommodates a range of sporting facilities including netball courts, football and cricket fields, cycle track, tennis, gymnastics and indoor sporting centre, swimming pools, playgrounds and associated car parking, buildings amenities and roads.  Many of the facilities have associated flood lighting.

 

The surrounding area is predominantly residential, comprising low rise detached dwellings or residential flat buildings.  Southpoint shopping centre is located to the south west of the site fronting Bunnerong Road.  Above the shopping centre is a 15 storey residential flat building.

4.    Site History

 

The site was notified on 26 June 1959 for the public purpose of “public recreation”. Council manages the affairs of the Heffron Park (R 81741) Reserve Trust.  It has been used for this purpose from that time and has been progressively developed for recreational and sporting uses up to the present time.

 

The Park is subject to a Plan of Management prepared by Council and adopted under the Crown Lands Act 1989 by NSW Land and Property Management Authority on 13 August 2009.  The key objective of the Plan of Management is to:

 

“ensure that Heffron Park retains its importance as a sporting park while providing increased opportunities and improvements in passive recreation …”

 

The Plan of Management contains a Landscape Concept Plan which outlines progressive upgrades and improvement of facilities within the Park.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the Randwick DCP 2013. The application was also advertised in the local newspaper on 22 May, 2013. As a result of this notification, no submissions were received.

 

6.    Relevant Environmental Planning Instruments

 

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

 

·           State Environmental Planning Policy No. 55 - Remediation of Land

·           Randwick Local Environmental Plan 2012;

 

(a)    State Environmental Planning Policy No. 55 – Site Remediation

The provisions of SEPP 55 require consideration of the potential for a site to be contaminated and the suitability of the site for the proposed development.

 

Section 2.2 of the Heffron Park Plan of Management identifies some historical contamination associated with its use as a naval storage facility during World War 2.  Various environmental investigations over the site have identified contaminated material on the site.

 

Remediation of Heffron Park has been approved in accordance with DA 184/2012.  Remediation in accordance with a Remediation Action Plan has commenced.

 

As the use of the site does not change as a result of this development, the site is considered suitable in the terms of the SEPP.

 

(b)    Randwick Local Environmental Plan 2012

The site is zoned RE1 Public Recreation under Randwick Local Environmental Plan 2012 and the proposed activity is permissible with development consent.

 

In the Land Use Table to the RLEP 2012, "recreation area" and “recreation facility (outdoor)” are permissible uses, with consent, in the RE1 Zone.  The proposed new and upgraded lighting is ancillary to these permitted uses. The objectives of the Residential C zone are:-

 

•      To enable land to be used for public open space or recreational purposes.

•      To provide a range of recreational settings and activities and compatible land uses.

•      To protect and enhance the natural environment for recreational purposes.

•      To protect, manage and restore areas with high biodiversity, ecological and aesthetic values, including buffer areas and habitat corridors.

 

The proposed lighting improvements enhance the use of the land for recreational purposes without adversely affecting the natural environment or other values within the Park and the development is therefore consistent with these objectives.

 

The following Clauses of the RLEP 2012 apply to the proposal:-

 

Clause 5.12 - Infrastructure development and use of existing buildings of the Crown

     (1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

 

Under Clause 65(3) of State Environmental Planning Policy (Infrastructure) 2007 (“ISEPP”), Council may undertake the following works without development consent on a public reserve:

 

(d) lighting, if light spill and artificial sky glow is minimised in accordance with AS/NZS 1158-2007, Lighting for Roads and Public Spaces.

 

Whilst Council could potentially undertake an environmental assessment for the proposed development pursuant to the ISEPP, it has chosen to lodge a development application to ensure residents, park users and the public are informed of the proposed works.

 

Clause 6.1 – Acid sulphate soils

(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

 

(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.

 

The south west corner of the site upon which some work is to be undertaken under this application is identified as Class 5 on the Acid Sulfate Soils Map.

 

The works are minor in this location and are unlikely to lower the watertable below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

 

Clause 6.2   - Earthworks

(1)   The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

 

(3)   Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

 

(a)    the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b      the effect of the development on the likely future use or redevelopment of the land,

(c)    the quality of the fill or the soil to be excavated, or both,

(d)    the effect of the development on the existing and likely amenity of adjoining properties,

(e)    the source of any fill material and the destination of any excavated material,

(f)    the likelihood of disturbing relics,

(g)    the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h)    any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

 

The proposal involves relatively minor excavation for the installation of light poles and excavation for trenching for electrical infrastructure to service the lights.

 

The extent of earthworks involved will not create any significant impacts of the kind described in the clause.

 

To ensure any potential impacts are adequately mitigated, a construction environmental management plan (CEMP) should be prepared and submitted to Council for approval prior to construction.

 

6.1 Policy Controls

a.    Development Control Plan 2013

Randwick Development Control Plan 2013 Part F1 Development in Recreation Zones applies. The objective of this Part is:

 

To ensure any proposed development supports and complements the recreational and ecological values of existing or planned recreation areas.

 

Under this Part, development proposed in a RE1 zone must demonstrate the following as a minimum:

       

Consideration

Comment

The need for the proposed development on that land;

There is currently lighting of various recreation and sporting facilities within the Park, which is necessary and reasonable for a regionally significant facility.  The augmentation and upgrading of Park lighting is considered appropriate.

The need to retain the land for its existing or likely future recreation use.

This proposal is part of the ongoing improvement of the Park under the Plan of Management to enhance its ongoing recreation use.

The impact of the proposed development on the existing or likely future use of the land.

The impact on the proposed lighting should be to enhance the existing and future recreation use of the Park

Whether the proposed development is complementary to the scenic, recreational and/or ecological values of the land.

The proposal is complementary to recreational and other values of the Park

In the case of RE1 Public Recreation zoned land, whether the proposed development would.

 

Unreasonably impede or diminish the intended public use or public access to the land.

The proposed lighting will enhance the public use of the Park

Be consistent with any relevant plan of management adopted by Council.

The proposed lighting is consistent with the Heffron Park Plan of Management Action Plan; relevantly management actions such as:

“Install new lighting (including playing field lighting) throughout the park and review and modify existing playing field, amenity and safety lighting (if required); ensuring minimal light spill on any adjacent residential areas.”

“Maximise sportsground usage through Australian Standard floodlighting whilst ensuring minimal adverse impact upon adjoining residents.”

 

The Works and Staging Program at Part 4.6 of the Plan of Management also outlines specific lighting proposals for various precincts within the Park.

 

This application involves installation and improvements to lighting throughout the Park which is to comply with the relevant Australian Standards to minimise impacts from light spill on adjacent residential areas and is therefore consistent with the Plan of Management.

 

7.    Environmental Assessment

 

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

 

Visual impacts

Heffron Park is an expansive open area characterised by lighting poles of various heights and types, which are typical and generally expected of major active recreational facilities.  The number of additional poles will not cause any visual clutter in the context of such a large area. As such, additional well designed lighting poles will not be out of character within and are considered acceptable in this setting.

 

Heffron Park is surrounded by public roads and the nearest residential housing is on the opposite side of each of these roads.  The potential visual impacts of the poles and lighting should be reasonable and acceptable due to the following factors:

 

·         The separation distances between the proposed lighting and existing dwellings, including the intervening road reserves.

·         Mounding along the boundary of some parts of the Park and existing vegetation in parts that assist in obscuring the lights from some of the surrounding dwellings.

 

·         Lighting has been designed in accordance with the Australian Standards AS/NZS 4282 – Control of the Obtrusive Effects of Outdoor Lighting and AS/NZS 2560 – Sports Lighting Series.

 

·         Whilst being visible from adjoining dwellings, compliance with these Standards should minimise the effects of light spill to acceptable levels.

 

A condition is proposed to require ongoing compliance with AS/NZS 4282.

 

Construction impacts

Construction activities involved in the installation of the proposed lighting could potentially generate some impacts on noise, air and water conditions.  Whilst no trees are to be removed or trimmed for the proposal, tree protection is a consideration. Whilst these are expected to be quite limited impacts and largely contained within the Park, it is appropriate that any consent should be conditioned to require a Construction Environmental Management Plan to be prepared prior to construction and implemented throughout all stages of the installation process to mitigate any potential adverse impacts.

 

Intensity of use of Park facilities

The application states that it does not seek to alter the current use of the Park.  The installation of the lighting does not, of itself, necessarily change the character or intensity of the current use of the Park and therefore has no direct implications in terms of noise, traffic, parking or other impacts associated with park usage.

 

Social and Economic Impacts

Enhancing recreational facilities through improved lighting should have social benefits for the local and wider community and no adverse economic impacts.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012

The site is zoned RE1 Public Recreation under Randwick Local Environmental Plan 2012 and the proposed activity is permissible with consent.

 

The proposal to upgrade lighting is consistent with the objectives of the zone as it enhances the use of the land for recreational purposes without adversely affecting the natural environment or other values within the Park.

 

The proposal is consistent with the other relevant provisions of the RLEP.

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

Not applicable

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

The proposal is consistent with Part F1 Development in Recreation Zones of Development Control Plan 2013

 

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, have been considered in this report and considered to be acceptable subject to conditions.

 

The proposed development is consistent with the ongoing use of the site and should not result in any detrimental social or economic impacts on the locality.

 

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

The site has been and continues to be used for open space and recreational purposes and the proposal is consistent with and does not alter that continuing use. Therefore, the site is considered suitable for the proposed development.

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

 

No submissions have been received.

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

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

 

Relationship to City Plan

 

The amended development will achieve consistency with the following outcomes and directions of the City Plan:

 

Outcome 2:       A vibrant and diverse community.

Direction 2b:      Enrich our range of community services that meet our community’s needs.

Direction 2d:      New and upgraded community facilities that are multi-purpose and in accessible locations.

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Direction 5a:      Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

Direction 5b:      A range of sporting and leisure activities.

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Direction 6b:      A range of sporting and leisure activities.

 

Financial Impact Statement

 

Any seasonal permit or temporary licence is subject to Council’s applicable schedule of Fees and Charges.

 

Conclusion

 

The development proposed under this application meets the objectives and performance requirements of the Council.  The proposal enhances sporting and recreational facilities within Heffron Park and is consistent with the Action Plan in the adopted Heffron Park Plan of Management.  The proposal will not result in any significant adverse impact on either the amenity of the adjoining residential premises or the character of the Park and its locality.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/256/2013 for installation of new light poles ranging from 15m to 35m on soccer fields, tennis and netball courts with flood lights, upgrade of existing lights and light poles, associated excavations and trenching for the light poles at Heffron Park at No. 417-439R Bunnerong Road, Maroubra, subject to the following conditions:

 

Prior to the commencement of any building, subdivision or associated construction works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with Section 81A (2) (a) of the Environmental Planning and Assessment Act 1979.

 

Conditions of Consent:

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:-

 

1.   The development must be implemented substantially in accordance with the plans numbered ESK01, revision P3,  ESK02, revision P4 ESK03, revision P4 and stamped as received by Council on 1 May 2013, the application form and supporting information received with the application.

 

2.   A certificate from a suitably qualified person in outdoor lighting systems shall be submitted to the Director City Planning which certifies that the proposed lighting complies with Australian Standards AS/NZS 4282 Control of Obtrusive Lighting and AS/NZS 2560 Sports Lighting Series prior to the commencement of the use of the lights. No light spill is to protrude beyond the boundaries of the Park.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

3.   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.

 

4.   All new work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

5.   Prior to the commencement of any works, 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 and Environmental Planning & Assessment Regulation 2000.

 

6.   Prior to the commencement of any works, the person having the benefit of the development consent must:-

 

i)     appoint a Principal Certifying Authority for the work, and

ii)    appoint a principal contractor for the work and notify the Principal Certifying Authority and Council accordingly in writing, and

iii)   notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

iv)   give at least two days notice to the Council, in writing, of the person’s intention to commence works.

 

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Documentary evidence of the inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

8.   A sign must be erected and maintained in a prominent position on the site, 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”.

 

9.   An Occupation Certificate must be obtained from the Principal Certifying Authority encompassed in this development consent, 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.

 

10. Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon must also be provided to Council with the occupation certificate.

 

11. The 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.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

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

 

13. A construction environmental management plan (CEMP) is be submitted to Council for approval prior to the commencement of construction and implemented during construction to address potential impacts as described in conditions of this consent and generally in relation to soil and sedimentation control, noise, dust and other potential omissions, traffic and pedestrian safety, tree protection and the like.

 

14. All excavations and backfilling associated with the erection of the light towers 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.

 

15. Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

16. Noise and vibration emissions during the construction of the light towers 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.

 

17. Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, 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.

 

A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

18. Building materials, sand, soil, waste materials or construction equipment 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.

 

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, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

19. Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the work site.  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary fences or hoardings 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.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any site works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

20. A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road or 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 (grater than 3m in length) or any container or other article.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

21. A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to the issuing of occupation certificate, which certifies the structural adequacy of the light towers and that the works complies with the relevant structural design requirements of the Building Code of Australia.

 

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

 

22. The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

23. The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

The following conditions are applied to provide adequate consideration for service authority assets:

 

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

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

25. Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

26. In order to ensure the retention of existing mature trees within the Park, the following measures are to be undertaken:

 

a.   Prior to the cutting of any roots, construction of footings or laying of cables within 5 metres of any tree, the applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working days notice, to arrange for a joint site inspection of these trenches for the purpose of identifying any significant roots.

 

b.   The applicant will be required to comply with the verbal instructions issued by Council’s Landscape Development Officer relating to any roots encountered, with generally any roots having a diameter of 50mm or less to be cut cleanly by hand, and those having a diameter greater than 50mm to be preserved by re-directing the proposed trenches and or footings around them, with these affected areas to be backfilled as soon as practically possible.

 

c.   There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any of these trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

Advisory Conditions

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                   9 July 2013

 

 

Development Application Report No. D49/13

 

 

Subject:                  385 Maroubra Road, Maroubra (DA/243/2013)

Folder No:                   DA/243/2013

Author:                   Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                     Alterations and additions to existing dwelling including new first floor

Ward:                      Central Ward

Applicant:                Cape Cod Australia Pty Ltd

Owner:                         Mr R J Colye & Ms B J Johnson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is reported to the Planning Committee and an independent assessment of this application, including preparation of this report, was completed by Plandev (urban planning consultants) at the request of Council’s Manager of Development Assessment.

 

The subject application seeks approval for alterations and additions to the existing dwelling house including a new first floor addition.

 

The application was publicly notified to adjoining and nearby properties for 14 days in accordance with Council’s public notification requirements in Randwick Development Control Plan 2013. A total of seven (7) submissions were received in response to the public notification of the application. Of these, there were six (6) letters in objection primarily raising concerns with view impacts, privacy impacts and parking.

 

The application has been subject to a merit based assessment against the relevant planning controls and corresponding objectives as outlined in the Randwick Local Environmental Plan, 2012 and Randwick Development Control Plan, 2013.

 

It is considered the proposal will not result in any significant adverse amenity impacts to surrounding properties. The proposal is generally consistent with the character of the area and is considered to be a reasonable outcome for the site.

 

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

 

2.    The Proposal

 

Approval is sought for alterations and additions to the existing dwelling house with a new first floor.

 

The changes involve removal of internal walls to a bedroom at ground level to make way for a staircase and construction of a first floor comprising 3 bedrooms and bathroom.

 

The existing flue heater on the western elevation will be extended to the proposed first floor.

 

New windows will be provided along the western elevation and a rear facing balcony. The northern elevation facing the street will contain a window to capture northern light.

 

The first floor addition is proposed to be setback behind the ridge of the existing house with a pitched roof.

 

The party wall will be constructed of brick and the wall along the western elevation is polystyrene wall sheeting. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Maroubra Road about 36m southeast of its intersection with Malabar Road.

 

The site has an area of 285m2 and is rectangular in shape with a frontage of 5.2m to Maroubra Road and a depth of 46m.

The site contains a single storey dwelling house which shares a party wall with the adjoining dwelling house at No.385A Maroubra Road. 

 

The existing dwelling house is setback about 4.8m from the street boundary and there is no parking on the site.

 

The site is unusual in that its western boundary adjoins the rear yard of 5 properties fronting Malabar Road.

 

The surrounding area is characterised by a mix of detached and semi-detached dwelling houses of 1-2 storeys. The adjoining property to the northwest contains a 2-3 storey residential flat building looming over the subject site.

 

4.    Community Consultation

 

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

 

5.1 Objections

Pro-forma letter Unit 2 and Unit 7 No. 383 Maroubra Rd, Maroubra

Unit 2 and Unit 7

 

Issue

Comment

The proposal fails to address the view loss impacts

This assessment report includes an assessment of view impacts.

The proposal will obliterate views and vistas to the ocean and horizon and Malabar Headland and Maroubra Beach

Refer to Section 8.1.

All coastal views from my living areas and balcony will be lost

Refer to Section 8.1.

Overlooking impacts and loss of privacy to my living and recreational areas

Refer to the Section 8.3.

The size of the household will double and the DA fails to provide on-site parking to meet Council’s DCP parking requirements

Refer to Section 8.4

The proposal will exacerbate on-street parking congestion

There is no evidence to suggest the increase in floorspace will generate a higher demand for parking on the street.

The site analysis is superficial and inadequate particularly in regard to the sites narrow configuration and proximity to neighboring properties and the visual and acoustic privacy constraints

The level of information provided in the Site Plan and the Survey is sufficient analysis of the site and its constraints for this type of development. 

It does not address the design requirements in the DCP

Refer to Section 8.2.

It is not a good design outcome and represents a standardized approach

Refer to Section 8.2

The roof line is poorly executed with an untidy western corner treatment

Refer to Section 8.2

The front window location is out of scale and poorly proportioned in relation to the existing semi frontage

The proportion and configuration of the front window at the first floor northern elevation is considered to be acceptable.

The extended wood heater flue appears as an untidy add on and would result in air pollution directly into my apartment

The existing wood heater flue is being extended in line with the increased height of the building. There is likely to be less impact from the flue as smoke will be dispersed at a higher level above the ground and is more likely to be dispersed by wind.

The DA refers to the lower floor level which is accessed by stairs as storage only. The most recent sale documentation confirmed this as a habitable room

The plans show the room as being for storage and the reference in the sale documentation is not relevant to the application.

Some maps and diagrams incorrectly reference 383 Maroubra Road as 381 Maroubra Road

Noted

 

Unit 3 No. 383 Maroubra Rd, Maroubra

 

Issue

Comment

Loss of remote water views from our balcony

Refer to Section 8.1.

The proposal will directly affect our privacy

Refer to Section 8.3.

The development is excessive in height and not compatible with the existing character of the locality

Refer to Section 8.2.

The additions detract from the individual character and appearance of the existing dwelling

Refer to Refer to Section 8.2.

Loss of natural light to neighboring dwellings

Refer to Section 8.5.

The floor space ratio is queried for such a small block it appears to be pushing the boundaries on that size of land

The floorspace is assessed on merit as the site has an area of less than 300m2. The bulk and scale is generally consistent with other two storey dwelling houses in the locality.

The value of our property would drop dramatically due to the view loss

This is not a matter for consideration in the planning assessment.

 

Unit 6 No. 383 Maroubra Rd Maroubra

 

Issue

Comment

Impacts due to the loss of current ocean views

Refer to Section 8.1.

An assessment of view loss has not been undertaken and Randwick Council should investigate view loss impacts

Refer to Section 8.1.

383 Maroubra Rd Maroubra

Strata Manager on behalf of all owners and residents

 

Issue

Comment

The proposed DA would result in significant view loss for more than half the apartments

Refer to Section 8.1.

It would completely remove the current views in units 2 and 3 and would severely impact on views from units 5 and 6

Refer to Section 8.1.

The proposal makes no effort to maintain views of the neighbours and is designed instead to maximize blocking neighbours views

Refer to Section 8.1.

The proposal is also unacceptable in terms of overlooking and privacy impacts on the apartments and private open spaces and all the common open spaces

Refer to Section 8.3.

Proposed windows would directly overlook balcony space of unit 2 and impact on unit 5 and directly overlook the outdoor open space for unit 1.

Refer to Section 8.3.

The DA diagrams fail to show the balconies for units 3 and 5

Additional plans showing the location of all balconies at No. 383 were sourced from Council files and referred to as part of this assessment.

The poor design ignores rather than designs for its very narrow site

Refer to Section 8.2.

The proposal will add parking congestion on the street

Refer to Section 8.4.

Poor air quality impacts from the proposed wood flue heater

The wood flue heater is existing and will be extended to a higher level to accommodate the first floor addition.

 

Unit 5 No. 383 Maroubra Rd Maroubra

 

Issue

Comment

The proposal will have a significant impact on the loss of ocean views as well as views to Maroubra Beach, Malabar Headland and district views in general

Refer to Section 8.1.

An assessment has not been undertaken to address these impacts. We request that Randwick Council investigate the concerns regarding view loss

Refer to Section 8.1.

The proposal fails to provide adequate visual and acoustic privacy

Refer to Section 8.3.

Whilst doubling the size of the household the DA fails to provide any additional parking

Refer to Section 8.4.

The first floor addition proposes northern and western windows would have a direct impact on my privacy. There are windows within 4m of my living areas and balcony and bedroom

Refer to Section 8.3.

 

399 & 401 Malabar Road, Maroubra

 

Issue

Comment

No objection if the DA does not propose any works or changes of any nature to the south of the southern wall of the proposed upper level addition. That is the DA does not propose any changes to the south including the existing ground floor room, the existing deck, the existing stairs from the balcony to ground level, the existing stairs from the ground level to the sub floor ground level room below deck or to the sub ground level room or any changes to the proposed yard.

 

Noted

Our concern is actual works will not be carried out in full compliance with any approval

Compliance of future building works is not a relevant matter for consideration in the planning assessment.

 

5.    Technical Officers Comments

 

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

 

Development Engineer

Landscape

 

There are no trees covered by Council’s TPO affected by the proposed works.

 

Car parking

 

The proposed site currently does not provide any off street parking and to do so would require possible demolition and removal of the front sunroom so as to provide complying off street car parking space dimensions.

 

6.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 2012

The site is zoned R2 Low Density Residential zoning under Randwick Local Environmental Plan 2012 (LEP 2012) and the proposed activity is permissible with Council’s consent.

 

The proposal is consistent with the relevant objective of the zone which seeks to provide housing for the needs of the community.

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 4.1 Minimum Subdivision Lot Size

 

A minimum lot size of 400m2 applies to the subject site. The subject site has an area of 285m2 and therefore does not comply with the minimum lot size requirement. Notwithstanding the non-compliance, the proposal is acceptable because it is an existing allotment and there is no change sought to the existing site area.

 

Clause 4.3 Height of Buildings

 

A maximum height of 9.5m applies to the subject site. The proposed development has a maximum height of 8m and complies with Council’s maximum height control.

 

Clause 4.4 Floor Space Ratio

 

The subject site has an area of less than 300m2 and the maximum floor space ratio (FSR) is therefore assessed on merit. The proposal has a maximum FSR of 0.58:1 which is not considered to be excessive given the narrow width of the site. Furthermore, the first floor addition is compatible with the existing built form character of the locality.

 

6.1 Policy Controls

a.    Randwick Development Control Plan 2013

The proposed development is generally consistent with the relevant design controls in Part B1 given that the bulk and scale is compatible with the character of the area.

 

There is a non-compliance with the minimum parking controls in Part B7 which require 2 spaces for a dwelling house with 3 or more bedrooms.  The existing site contains no parking due to its narrow configuration, topography, street trees and the reduced front setback. An exception to the parking controls is therefore acceptable in this circumstance due to the constraints of the site.

 

The main relevant controls in Part C1 in relation to low density development are addressed in the table below. 

 

Control

Proposal

Comment

Complies

Minimum Lot size 400m2

354m2

Refer to previous discussion under LEP 2012.

N/A

Existing lot. There is no subdivision.

Minimum frontage 15m

5.2m

The proposed development is on an existing allotment. The non-compliance is therefore acceptable.  

N/A

Existing lot. There is no subdivision.

Maximum 55% site coverage

119m2 or 42%

The proposed first floor addition will be contained within the existing footprint

Yes

Minimum 25% deep soil and 900mm width

121m2 or 42%

There is no change to the existing landscape conditions.

Yes

Minimum 5m x 5m

7m x 11m

 

There is no change to the rear yard dimensions or area.

Yes

FSR Merit Assessment

0.58:1

Refer to previous discussion under LEP 2012

Yes

Maximum Building Height 9.5m

8m

 

Yes

Maximum External Wall Height 7m

6.3m

 

Yes

Minimum Front setback average or 6m

4.7m

 

Consistent with the adjoining semi- detached dwelling

Yes

Minimum side setback to the northwest boundary

-       900mm(grd)

-       900mm (1st)

-       1500mm (2nd)

 

 

-       1.1m(grd)

-       1m (1st)

 

 

 

 

Yes

Minimum rear setback 25% allotment or 8m whichever is lesser

 

14.5m-17.1m

 

Yes

General Design

 

Respect topography

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduce articulation

The site slopes down from the street boundary to the rear boundary representing a change in level of about 3.25m.

The rear alignment at the proposed first floor is setback from the lower level providing a stepped arrangement in response to the slop of the land.

 

Windows along the northwest elevation assist in breaking up the external wall.

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Semi Detached Dwellings

Development must respect and enhance the architectural character of the pair of semi-detached dwellings as a coherent entity

Whilst the subject house forms a pair of semi-detached dwellings it is not a symmetrical pair of dwellings.

 

N/A

The bulk of any first floor addition should be setback from the principal street frontage and accommodated to the rear of the dwelling, with a substantial portion of the existing front roof remaining intact.

The existing front roof remains intact.

 

Yes

The addition should be positioned behind the apex or ridge of the main roof and retain any existing gable features and chimneys.

The proposed first floor is behind the main ridgeline.

 

Yes

The first floor addition should use a low profile roof form that is visually secondary to the existing front roof. Alternatively, the addition should adopt a roof form that is compatible with the style and period of the existing roof to be retained.

The pitched roof style dominates the roof of the existing dwelling house. The roof form is compatible with surrounding pitched roofs in the street.

 

Yes.

See Section 8.2

Colours, materials and finishes

Provide a schedule with DA

Submitted with the DA

 

Yes

Solar access

Portion of living area windows to receive minimum 3 hours between 8:00am and 4:00pm on 21 June

The existing living area at ground level has a southern orientation and therefore does not receive a minim of 3 hours sunlight between 8:00am and 4:00pm on 21 June

There are no changes proposed to the ground floor living area of the dwelling house. In any event the site is constrained due to its north-south orientation.

 

No

POS to receive minimum 3 hours between 8:00am and 4:00pm on 21 June

The rear yard will receive more than 3 hours direct sunlight at midwinter.

 

Yes

Portion of living area windows for neighbouring properties to receive minimum 3 hours between 8:00am and 4:00pm on 21 June

 

There will be no additional shadowing of living area windows of the adjoining semi at No. 385A Maroubra Road.

 

Yes

POS of neighbouring properties to receive minimum 3 hours between 8:00am and 4:00pm on 21 June

The proposed development will result in some minor additional overshadowing to that portion of the rear yard adjoining the dwelling house at No. 385A Maroubra Road at midday during the winter solstice. However, the southern portion of the rear yard will receive in excess of 3 hours sunlight during midwinter.

 

Yes

Energy Efficiency

Provide natural day lighting and ventilation

The first floor addition includes openings along 3 elevations to allow for sunlight access, daylight and natural ventilation.

 

Yes

Visual Privacy

All habitable room windows must be located to minimise

any direct viewing of existing habitable room windows in

adjacent dwellings

The bedroom windows along the north-western elevation overlook the rear yard of adjoining properties to the west fronting Malabar Road

Refer to discussion below in Section 8.3.

 

Yes subject to condition.

The windows to the main living and dining rooms principal

living areas must be oriented away from the adjacent

dwellings where possible

There is no change proposed to the ground level living area windows

 

N/A

 

Acoustic Privacy

Dwellings must be sited and designed to limit the potential for excessive noise transmission to the sleeping areas of adjacent dwellings.

The proposed first floor addition will not result in any adverse acoustic impacts to adjoining properties given the proposed use is for bedrooms.

 

Yes

 

View Sharing

The location and design of dwellings and outbuildings

must reasonably maintain existing view corridors or vistas

from the neighbouring dwellings, streets and public open

space areas.

Refer to Section 8.1

 

Yes

Car Parking

Provide a maximum of 1 vehicular access per property.

There will be no vehicular access provided on the site.

 

Yes

 

7.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012.

The site is R2 - Low Density Residential. The provisions of Randwick LEP 2012 have been considered in the assessment of the application, as relevant, and are generally satisfied by the proposed development.

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

Not applicable.

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

The proposal generally satisfies the controls in the Randwick DCP 2013, except where discussed in the key issues section of this report.

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

Not applicable.

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

 

The relevant clauses of the Regulations have been satisfied.

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

 

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

 

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

 

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

 

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

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

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

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

 

8.    Key Issues

 

8.1      View Impacts

Concerns in relation to view impacts have been raised by residents at No. 383 Maroubra Road which contains a 3 storey residential flat building comprising six apartments adjoining the western boundary of the site. The building presents as 2 levels to Malabar Road and 3 levels at the eastern end of the site due to the slope of the land. The above ground apartments enjoy partial district views to the south and distant views of the ocean and Malabar Headland to the southeast.

 

An assessment of the view impacts is based on the view sharing principles from the Tenacity Consulting v Warringah Council [2004] NSWLEC 140 case.

 

Based on a site inspection undertaken of the property at No. 383 it is considered the above ground units facing southeast over the subject property being unit 2 (first floor) and unit 5 (2nd Floor) are potentially affected by view impacts. These units have balconies and living room windows setback about 4.5m from the common boundary of the subject site. The ground floor unit (unit 1) has no views due to intervening development and therefore is not included in the assessment.

 

View impacts have also been raised by the occupants of unit 3 (first floor) and unit 6 (second floor) which have balconies and living room windows on the southern side of the building setback about 12m from the common boundary of the site. The view impacts are assessed from unit 3. The strata corporation was contacted to arrange access to all units however, no access was provided to unit 6. In any event there are no view impacts from unit 6 which is at the same level as unit 5 (see discussion below).    

 

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

 

Unit 5 (2nd Floor)

 

The views are generally partial district views interrupted by intervening development and existing vegetation in the foreground. There are distant partial views of the ocean and Malabar Headland. Refer to Figure 1.

 

Unit 2 (1st Floor)

 

The views are limited to distant glimpses of the ocean and Malabar Headland interrupted by intervening development and existing vegetation in the foreground. Refer to Figure 2.

 

Figure 1 – View from the balcony of unit 5 (2nd Floor) at No. 383 Maroubra Road looking southeast over the subject site

 

Figure 2 – View from the balcony of unit 2 (1st Floor) at No. 383 Maroubra Road looking southeast over the subject site

Unit 3 (1st Floor)

 

The views to the southeast across the rear boundary are limited due to existing vegetation and intervening development in the foreground. There are very minor glimpses of the ocean.

 

 

Figure 3 – View from the balcony of unit 3 (1st Floor) at No. 383 Maroubra Road looking southeast over the subject site

 

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

 

Unit 5 (2nd Floor)

 

The view is across the rear boundary of the site. The views are from a standing position from the balcony and living room. The view from the living room both seated and standing is constrained by a window.

 

Unit 2 (1st Floor)

 

The view is across the rear boundary of the site. The views are from a standing position from the balcony and the living room. The view from the living room both seated and standing is constrained by a window.

 

Unit 3 (1st Floor)

 

The limited views are across the rear boundary of the site. The views are from a standing position from the balcony. The standing views from the living room are through a glass door to the balcony. There are no views from the kitchen or living room in a sitting position.

 

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

 

Unit 5 (2nd Floor)

 

The proposed first floor addition will have an RL 37.07m which is 1.41m higher than the highest point of the existing dwelling house on the subject site (RL 35.66). The balcony at unit 5 is at RL 36.825m which is 0.245m below the height of the proposed ridge line. However the standing eye level (1.6m) is RL 38.425m. Therefore there will be no view impact when standing on the balcony because eye level is above the proposed ridge height in a standing position. It follows that there will be no view impact in a standing position from the adjacent internal living area.

 

Unit 2 (1st Floor)

 

The balcony at unit 2 is at RL 33.9m which is 3.17m below the height of the proposed ridge line. Therefore the distant glimpses of the ocean and Malabar headland to the southeast will be removed when standing on the balcony and the adjacent internal living area.

 

Unit 3 (2nd Floor)

 

The balcony is at the same level as the balcony at unit 2. The very limited views when standing on the balcony will therefore also be removed by the proposed first floor addition.

 

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

 

The proposed development complies with Council’s maximum external wall height and building height controls in DCP 2013. The question therefore arises as to whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on views. The proposed design incorporates a pitched roof which adds to the height of the building. If a flat skillion roof were adopted then the height would lower by about 1.07m to RL 36m which accounts for additional external wall height of 0.45m for a sloping roof. However, when standing on the balcony at unit 2 and 3 the eye level is RL 35.25m which is below any modified flat roof form by about 0.75m. Therefore there would be no improvement in view impacts with a modified roof form. Given the development complies with Council’s height controls it is considered acceptable and the view sharing reasonable.   

 

 

 

8.2      Design/Roof Form

The site is unusual in that the side boundary adjoins the rear yard of five (5) residential properties to the northwest which front Malabar Road. Furthermore, the dwelling house forms a pair of semi-detached dwelling however its linear configuration is at odds with the adjoining dwelling which has a square configuration.

 

The proposed first floor addition will be visually dominant from the rear of the adjoining properties to the north-west. Its bulk and scale is compatible with other first floor additions in the locality which is characterised by 3 storey residential flat buildings and substantial 2-3 storey dwelling houses.

 

The proposed addition has a length of 15m however the fenestration along its northwestern elevation will afford some visual relief.

 

The design of the first floor addition is considered acceptable given the site is constrained by its narrow configuration.

 

8.3      Visual Privacy

The proposed first floor windows along the northwestern elevation will result in the potential for overlooking the adjoining properties at No. 383 Maroubra Road and Nos. 395 and 397 Malabar Road.

 

The southernmost window to bedroom 1 is a highlight window with a minimum floor to sill height of 1.5m which will mitigate any privacy impacts. The stairwell window will not result in any adverse privacy impact as it is used for access.

 

However, it is recommended that the windows to bedrooms 2 and 3 be provided with a privacy screen to mitigate privacy impacts to adjoining properties. This is recommended as a condition on any approval.

 

8.4      Parking

The existing site is highly constrained making it difficult to provide parking due to its narrow configuration and reduced front setback 4.79m. The proposal will therefore result in a numerical non-compliance in the parking requirements due to the increase in the number of bedrooms. However, the increase in floorpace is minor and generally consistent with surrounding development. The non-compliance will not result in any significant additional parking congestion in the street.

 

8.5    Overshadowing

There will be some minor additional overshadowing of the rear yards of the properties at No. 397, 399 & 401 Malabar Road at 9:00am during the winter solstice. By midday the additional shadow cast will fall on the rear yard of the subject site. There will be some additional overshadowing of the property at 389 Maroubra Road. The additional overshadowing is acceptable given it will receive a minimum of 3 hours in the morning period at the winter solstice. The proposal is acceptable in terms of overshadowing.

 

9.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$229,514.00

 

1.0%

$2,295.14

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in Urban Design and Development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is generally consistent with the relevant controls in RLEP 2012 and RDCP 2013. The proposed design is generally consistent with the character of the area and other two storey developments in the locality.

 

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

 

The proposed development is therefore considered to be a reasonable outcome for the site.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 243/2013 for Alterations and additions to existing dwelling including new first floor at No. 385 Maroubra Road, Maroubra, 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 Councils

approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received by

Council

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 8

Issue F

Cape Cod

18.06.13

18.06.13

Sheet 1 of 3

Cape Cod

No date

18.06.13

Sheet 1 of 3

Cape Cod

No date

18.06.13

Sheet 1 of 3

Cape Cod

No date

18.06.13

 

BASIX Certificate No.

Dated

Received by

Council

A160028

19/4/13

23/4/13

 

Amendment of Plans & Documentation

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

 

a.   A privacy screen having a height of 1.8m above floor level must be provided to the windows to bedrooms 2 and 3 along the northwestern elevation.  The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

External materials, finishes and colours of the building are required to match, as closely as possible, the existing building and any metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

 

 

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

 

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 $229,514,00 the following applicable monetary levy must be paid to Council: $2,295.14

 

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 Deposits

7.       The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; 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

 

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

 

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

 

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

 

Sydney Water

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

 

 

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

 

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

 

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

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

 

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

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

 

Structural Adequacy

10.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the additional storey/upper floor addition.

 

Smoke Alarms

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

 

BASIX Requirements

12.     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.

 

Stormwater Drainage

13.     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.

 

Building & Design

14.     The external walls of the dwelling must be located not less than ………. [i.e.  900mm or 1500mm] from the site boundary.

 

15.     Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 450mm.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

21.     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 demolition/building 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.

 

Public Utilities

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

 

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

 

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

 

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

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

 

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

 

Site Signage

24.     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

25.     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

26.     The demolition of buildings 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

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

28.     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 are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

29.     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

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

 

31.     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.

 

32.     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

33.     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

34.     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

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

 

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

 

BASIX Requirements

36.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

 

Occupant Safety

37.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to the issue of an occupation certificate.

 

Council’s Infrastructure & Vehicular Crossings

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

 

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

 

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

 

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

 

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

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

39.     The premises must only be used as a single residential dwelling and must not be used for dual or multi-occupancy purposes.

 

External Lighting

40.     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.

 

Plant & Equipment

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

 

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

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

A7      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 individuals 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.

 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                   9 July 2013

 

 

Development Application Report No. D50/13

 

 

Subject:                  11-27 Jennifer Street, Little Bay (DA/547/2012)

Folder No:                   DA/547/2012

Author:                   Scott Williamson, Development Assessment Officer     

 

Proposal:                     Torrens title subdivision into three (3) lots and construction of Stage 1 of a multi-unit housing development, containing 24 townhouse dwellings and basement parking for 54 vehicles.

Ward:                      South Ward

Applicant:                Auspat International No 2 Pty Ltd

Owner:                         Auspat International No 2 Pty Ltd

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.        Executive summary

 

The application is referred to Council as the estimated cost of works exceeds $2 million.

 

The application relates to the site known as 11-27 Jennifer Street, Little Bay. The site is located on the eastern side of Jennifer Street, adjoining the Botany Bay National Park to the south and the St Michael’s Golf Club to the east.

 

The site has an area of approximately 11,611 square metres. The site is zoned 2B- Medium Density Residential under RLEP 1998 (Consolidation) and R3 Medium density Residential under RLEP 2012. Clause .40A of RLEP 1998, requires that a master plan or staged DA be submitted where a site is in excess of 10,000 square metres.

 

At present the site consists predominantly of thick vegetation and has been identified as containing the endangered ecological community known as Eastern Suburbs Banksia Scrub (ESBS). ESBS is protected under state and federal legislation.

 

The subject application comprises a multi-unit housing development, encompassing both concept and detailed building envelope components, in line with the staged DA requirement of Clause 40A. The application as lodged, seeks to subdivide the site into three (3) Torrens title allotments and construct 24 townhouse style dwellings with basement parking for 54 vehicles below. The development is to be located on the northern component of the site, proposed as Lot 1.

 

The subject application DA/547/2012, is related to recently withdrawn applications DA/548/2012 and DA/614/2012, also applicable to the subject site. All three (3) applications were submitted for concurrent assessment and are related as follows:

 

·      DA/548/2012: Establishment of a training facility on the site to undertake initial site establishment, property rehabilitation and vegetation regeneration works. Withdrawn by the applicant 27 May 2013;

 

·      DA/547/2012: Stage 1 of the proposed multi-unit housing development, proposing subdivision into three (3) lots and construction of 24 townhouses with basement parking for 54 vehicles (subject application);

 

·      DA/614/2012: Stage 2 of the proposed multi-unit housing development, construction of seven (7) townhouse style dwellings on the south-western component of the site fronting Jennifer Street, with basement parking for 16 vehicles. Withdrawn by the applicant 27 May 2013;

 

The ESBS attribute of the site introduces a legislative requirement that, in the instance a significant impact is likely to occur to the ESBS, the applicant shall provide a Species Impact Statement (SIS). An SIS is a comprehensive document that assesses the characteristics and nature of an impact upon the endangered ecological community and triggers the need for concurrence of state and federal agencies. This document is required for Council to effectively assess the application, in accordance with the Commonwealth Environment Protection & Biodiversity Conservation Act 1999, Threatened Species Conservation Management Act 1995, the Environmental Planning and Assessment Act, 1979 and the Environmental Planning and Assessment Regulation 2000.

 

On three (3) occasions the applicant has submitted supporting information with regard to the ESBS issue. Council has had each of the applicant’s submissions peer reviewed by external environmental consultant Total Earth Care. Each review has concluded that the submitted information is inadequate to inform an accurate assessment of the impacts the development poses to the ESBS on the site and an SIS is necessary.

 

An SIS to support the application remains outstanding. The applicant has been given sufficient opportunity to provide this information. The issue of impact upon ESBS is a fundamental matter that must be determined prior to any further consideration and assessment of appropriate built form controls for the site. Planning staff have not proceeded with notification or further referral of the application on the basis the application is incomplete.

 

The application is deficient of information essential to its assessment and is recommended for refusal.

 

2.        Proposal

 

The subject application comprises a staged multi-unit housing development. The subject application, comprising Stage 1, seeks firstly to subdivide the site into three (3) Torrens title allotments, described by the applicant as follows;

 

 

 

 

Figure 1: The proposed plan of subdivision. Indicative built form footprints of Stage 1 and 2 works also shown on northern and south-western lots. 

 

The subject application also proposes to construct Stage 1 of a multi-unit housing development on the proposed Lot 1. The works comprise:

 

·      Construction of 24 townhouse style dwellings within three (3) individual building forms. Each dwelling contains three (3) bedrooms;

·      Basement parking for 54 vehicles;

·      Associated landscaping and site works.

 

Figure 2: The proposed Stage 1 layout of 24 townhouses, for the proposed Lot 1. 

 

Site inspections were carried out on 3 October 2012 and 8 May 2013.

 

3.        Site context

 

The subject site is known as Lot 5950 in DP 822223, or 11-27 Jennifer Street, Little Bay. The site has an area of approximately 11,611 square metres.

 

The site consists predominantly of thick vegetation and has been identified as containing the endangered ecological community ‘Eastern Suburbs Banksia Scrub’ (ESBS). ESBS is protected under state and federal legislation.

 

To the west of the site across Jennifer Street exists single dwelling development within the 2A zone. To the south exists the Botany Bay National Park and to the east the St Michaels Golf Course and Driving Range. To the north of the subject site exists a health facility ‘Spinal Cord Injuries Australia’, located on crown land.

 

3.1.1   Mapping of ESBS on the site

 

Mapping associated with RLEP 1998 (Consolidation), acknowledged the presence of a definitive ESBS component on the site, as determined by the Office of Environment and Heritage’s ESBS Recovery Plan of 2004, shown Figure 3.

 

Further survey work was undertaken as part of the Sydney Metropolitan CMA Vegetation Classification and Mapping Project in 2009 that indicated the presence of the ESBS community occurring more extensively within the site than thought in the ESBS Recovery Plan of 2004. Despite the findings of the 2009 survey work, this data has never been adopted into legislation and has not been integrated into mapping of RLEP 2012 (RLEP 2012.  

 

Question of the presence of ESBS on the northern component of 11 Jennifer Street has been ongoing since 2009 and this situation has contributed to the necessity for peer review of the subject application to environmental consultant Total Earth Care, discussed below.

 

Figure 3: RLEP 1998 Biodiversity mapping, indicating the conclusively mapped ESBS communities of 2004.   

Figure 4: RLEP 2012 Terrestrial Biodiversity mapping, indicating the conclusively mapped ESBS communities of 2004.

 

4.        Site history

 

4.1      Related applications

 

·      PL/23/2012 – 11-27 Jennifer Street, Little Bay;

 

The applicant obtained Pre DA advice from Council in relation to the subject site, seeking to carry out a three (3) lot Torrens title subdivision and construction of 23 townhouses.

 

Within the advice provided, Council made the applicant aware of the applicability of the Threatened Species Conservation Management Act, 1995 and the consequent need for a Species Impact Statement in the instance of any substantial works on the site.

 

Council’s advice also indicated that the Office of Environment and Heritage (OE&H) would need to provide comment and concurrence to any application submitted in respect of the site, given the location adjacent the Botany Bay National Park.

 

The OE&H reviewed the application as part of the Pre DA. Advice received expressed numerous concerns with regard to lack of detail within documentation and the substantial impact upon the ESBS remnants likely within the design scheme presented.

 

·      DA/548/2012 – 11-27 Jennifer Street, Little Bay (withdrawn);

 

DA/548/2012 was lodged seeking consent to establish a community facility on the northern component of the site, to be used for training purposes. Training activities are identified as undertaking site establishment, property rehabilitation and vegetation regeneration works by the local indigenous community.

 

The facility required construction of temporary structures on the northern component of the site including fencing, amenities, office, meeting room and work area.

 

The applicant withdrew DA/548/2012 on 27 May 2013.

 

·      DA/614/2012 – 11-27 Jennifer Street, Little Bay (withdrawn);

 

DA/614/2012 was lodged seeking consent for Stage 2 of the staged development. The application involved construction of a multi-unit housing complex of seven (7) townhouse style dwellings on the proposed south-western allotment fronting Jennifer Street and basement parking for 16 vehicles, located on the site identified as Lot 2 within the proposed subdivision plan of DA/547/2012.

 

A report submitted by the applicant and prepared by Anne Clements and Associates on 20 May 2013, advised that this component of the site definitively contains ESBS and as such the proposal would have significant impact on the species.   

 

The applicant withdrew DA/614/2012 on 27 May 2013.

 

4.2      Application history (DA/547/2012)

 

·      18 September 2012 - A peer review of the applicant’s ‘Flora and Fauna Assessment Report’ was conducted by Total Earth Care on behalf of Council. The recommendations of the review concluded:

 

“… it is found that the DA is inconsistent with relevant legislation..”

 

“It is recommended that, due to the likely finding of a revised Assessment of significance establishing that the proposal would result in a significant impact to the threatened vegetation, that a Species Impact Statement be prepared.”

 

·      25 September 2012 – Further to the recommendations of Total Earth Care’s review of 18 September 2012, Council requested the applicant provide a Species Impact Statement.

 

·      20 November 2012 – The applicant provided additional information in response to Council’s request in the form of a ‘Sediments Characteristics Assessment’ from SLR Consulting.

 

·      22 January 2013 – The additional information provided by the applicant on 20 November 2012 was again peer reviewed by Total Earth Care, on behalf of Council. The recommendations of the review concluded that the applicant’s submission of 20 November 2012:

 

“Is lacking in scientific veracity;

 

Meets no planning requirements under the EP&A Act and is procedurally irrelevant to the Development Application.”

 

Total Earth Care’s conclusion of 22 January 2013 continues:

 

“In no way does any part or whole of [the documentation submitted on 20 November 2012] meet the requirements of a Species Impact Statement.

 

It is recommended that Council rejects the DA on the grounds that ESBS and the potential impacts have not been properly assessed”

 

·      6 February 2013 – Further to the recommendations of Total Earth Care’s peer review of 22 January 2013, Council recommended the applicant withdraw the subject application, along with DA/548/2012 and DA/614/2012. 

 

·      27 February 2013 – The applicant submitted further supplementary information from SLR Consulting regarding the presence of ESBS on the site.

 

·      20 May 2013 – The applicant submitted an addition report prepared by environmental consultant Anne Clements and Associates. The report concludes that the proposed development of DA/547/2012 is unlikely to significantly impact the ESBS on the site and an SIS is not necessary.

 

A number of ameliorative measures are recommended within the report, including the establishment of a buffer zone that necessitated withdrawal of DA/614/2013.

 

·      22 May 2013 – Council Officers met with the applicant to discuss the direction of all three (3) applications being assessed on the site. It was agreed the latest submission of 20 May 2013 would be peer reviewed to inform assessment of DA/547/2012 (subject application). DA/548/2012 and DA/614/2012 would be withdrawn.

 

·      27 May 2013 – The applicant withdrew the DA/614/2012 and DA/548/2012.

 

·      14 June 2013 – Total Earth Care provided Council with the findings of the peer review of the Anne Clements and Associates report of 20 May 2013, concluding:

 

“The DA is inconsistent with relevant legislation… It is recommended that, due to the likely findings of a revised Assessment of Significance establishing that the proposal would result in a significant impact to the threatened vegetation, that a Species Impact Statement be prepared.

 

5.        Community Consultation

 

The application is deficient of necessary information essential to the assessment of the relevant environmental impacts, required under Section 79C of the Environmental Planning and Assessment Act, 1979.

 

In lieu of its incomplete state, the application has not progressed beyond preliminary assessment and the necessary notification and advertising has not been pursued by Council to date. 

 

Despite this, one (1) submission was received from the public during the assessment. The submission raises the following issues:

 

Issue

Comment

·    The proposed development is contrary to the zoning of the site;

The site is zoned Residential 2B under RLEP 1998 and R3 under RLEP 2012. Multi Unit Housing is permissible with consent in both zones.  

 

·    There are threatened species on the site as well as the last remaining habitat of Dyacyops Maculosus (a spider);

 

The site is identified as containing the threatened ecological community Eastern Suburbs Banksia Scrub. This species is protected through the Threatened Species Conservation Management Act, 1995.

·    This section of the National Park needs a buffer to protect flora and fauna adjacent to Jennifer Street.

 

Council has had the applicant’s information peer reviewed and found the information does not satisfy the minimum requirements of the Threatened Species Conservation Management Act, 1995. The application is consequently recommended for refusal.

 

6.        Referrals

 

6.1      Peer review by Total Earth Care

 

Total Earth Care is an external Environmental Consultant retained by Council on three (3) occasions throughout the assessment of this application, to undertake peer review of the applicant’s documentation in relation ESBS.

 

Total Earth Care on each occasion conducted a desktop review of the information submitted by the applicant. The latest review, conducted in June 2013 was undertaken with the following stated objective:

 

“Review the submitted Eastern Suburbs Banksia Scrub Assessment Report and 7-part Test with regards to consistency with relevant legislation including the NSW Environmental Planning & Assessment Act 1979, NSW Threatened Species Conservation Act 1995, Commonwealth Environment Protection & Biodiversity Conservation Act 1999, and related ESBS Endangered Ecological Community information including the Recovery Plan, Best Practice Guidelines, Environmental Impact Assessment Guidelines, and the proposed Critical Habitat declaration.”

 

Total Earth Care consistently found in each of the peer reviews that a Species Impact Statement (SIS) is necessary for the proposed development, a recommendation that was communicated to the applicant on each occasion.

 

The findings of Total Earth Care’s latest peer review (received 14 June 2013), of the report prepared by Anne Clements and Associates on behalf of the applicant, concluded:

 

“The survey work carried out by ACA (2013) misinterpreted its data to validate the extent of vegetation communities mapped. The Assessment of Significance for ESBS was not carried out with proper consideration or interpretation of the extent of ESBS on site.

 

As such, it is found by TEC that the DA is inconsistent with relevant legislation including the NSW Environmental Planning & Assessment Act 1979, NSW Threatened Species Conservation Act 1995, Commonwealth Environment Protection & Biodiversity Conservation Act 1999, and related ESBS Endangered Ecological Community information including the Recovery Plan, Best Practice Guidelines, Environmental Impact Assessment Guidelines, and the proposed Critical Habitat Declaration.

 

It is recommended that, due to the likely finding of a revised Assessment of Significance establishing that the proposal would result in a significant impact to the threatened vegetation, that a Species Impact Statement be prepared”.

 

Based on the findings of Total Earth Care, the application is deficient of a Species Impact Statement, documentation necessary in the assessment of the proposed development and its impacts upon the threatened ecological community known as Eastern Suburbs Banksia Scrub. The applicant has been provided sufficient opportunity to provide this information. The application is recommended for refusal on this basis.

 

6.2      Commonwealth Environment Protection & Biodiversity Conservation Act 1999

 

ESBS is classified as an ‘endangered ecological community’, as discussed in the following sections of this report.  

 

Listed threatened species and ecological communities are recognised as a matter of national environmental significance. Consequently, any action that is likely to have a significant impact on listed threatened species and ecological communities under the EPBC Act must be referred to the Federal Minister for the Environment and undergo an environmental assessment and approval process.

 

The submission of an SIS would automatically trigger the need for concurrence of the Minister for the Environment, given it’s prerequisite for preparation involves the likelihood of significant impact on a listed threatened ecological community.

 

This referral has not been pursued to date given the applicant has failed to provide adequate information to enable assessment.

 

6.3      Office of Environment and Heritage

 

The proposal is located on a site that is known to contain an ‘endangered ecological community’, as defined by the Threatened Species Conservation Management Act, 1995. The site also adjoins the Botany Bay National Park.

 

Both of these aspects necessitate Council to obtain concurrence from the Office of Environment and Heritage (formerly the Office of Environment and Climate Change). This referral has not been pursued to date given the applicant has failed to provide adequate information to enable assessment.

 

It should be noted the application was referred to the Office of Environment and Heritage for feedback at Pre DA stage (PL/23/2012 discussed above). A number of concerns were raised in the advice, as follows:

 

 

 

7.        Relevant Legislation

 

7.1      Commonwealth Environment Protection and Biodiversity Conservation Act 1999

 

ESBS on the subject site is consistent with Commonwealth description of the species considered a ‘threatened ecological community’, for the purpose of Schedule 2 of the Environment Protection and Biodiversity Conservation Act 1999.

 

Listed threatened species and ecological communities are recognised as a matter of national environmental significance. Consequently, any action that is likely to have a significant impact on listed threatened species and ecological communities under the EPBC Act must be referred to the Federal Minister for the Environment and undergo an environmental assessment and approval process.

 

The submission of an SIS would automatically trigger the need for concurrence of the Minister for the Environment, given it’s prerequisite for preparation involves the likelihood of significant impact on a listed threatened ecological community.

 

7.2      Threatened Species Conservation Management Act 1995

 

For the purpose of the Threatened Species Conservation Management Act, an endangered ecological community means:

“an ecological community specified in Part 3 of Schedule 1, Part 2 of Schedule 1A or Part 2 of Schedule 2”.

Part 3, Schedule 1 of the Threatened Species Conservation Management Act 1995, identifies:

“Eastern Suburbs Banksia Scrub in the Sydney Basin Bioregion (as described in the determination of the Scientific Committee under Division 5 of Part 2).”

As such, Eastern Suburbs Banksia Scrub, which is present on the subject site, is considered an ‘endangered ecological community’ for the purpose of the Threatened Species Conservation Management Act, 1995. 

 

7.3      Environmental Planning and Assessment Act, 1979

 

7.3.1   Section 78A of the EP&A Act 1979, requires that:

(8)  A development application (other than an application in respect of State significant development) must be accompanied by:

 

(b) if the application is in respect of development on land that is, or is a part of, critical habitat or is likely to significantly affect threatened species, populations or ecological communities, or their habitats—a species impact statement prepared in accordance with Division 2 of Part 6 of the Threatened Species Conservation Act 1995.

 

Pursuant to Section 78A, a Species Impact Statement shall be submitted where an endangered ecological community is likely to be significantly affected.

 

A Species Impact Statement did not accompany the application at the time of lodgment and has not been received to date.

 

7.3.2   Section 79B of the EP&A Act 1979, requires:

 

(3) Consultation and concurrence—threatened species

 

Development consent cannot be granted for:

(b) development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat,

 

without the concurrence of the Director-General of the Department of Environment, Climate Change and Water.

 

(5)  In deciding whether or not concurrence should be granted under subsection (3), the Director-General of the Department of Environment, Climate Change and Water or the Minister administering the Threatened Species Conservation Act 1995 must take the following matters into consideration:

 

(a)  any species impact statement that accompanied the development application,

 

Pursuant to the above, the consent authority must obtain concurrence for the proposal from the Office of Environment and Heritage (formerly Department of Environment, Climate Change and Water), based on the threatened ecological community attribute. In deciding whether to grant concurrence, the Director-General or the Minister, is required to consider any accompanying Species Impact Statement.

 

A Species Impact Statement did not accompany the application at the time of lodgment. As such, the information necessary for referral to the Office of Environment and Heritage has not been received.

 

7.3.3   Section 79C of the EP&A Act 1979, requires:

  

(1) Matters for consideration—general


In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(b)  the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

 

(c)  the suitability of the site for the development,

 

(e)  the public interest.

 

The applicant has not submitted a Species Impact Statement in support of the application and as a result, Council is not in a position to assess the application against the provisions of Section 79C, notably those environmental impacts of the development that will have specific impact upon the natural environment, consequent suitability of the site for development and the public interest.

 

7.4      Environmental Planning and Assessment Regulation 2000

Schedule 1, Part 1 of the EP&A Regulation 2000, identifies documentation that shall accompany a development application:

 (1)  A development application must be accompanied by the following documents:

 

(f) a species impact statement (in the case of land that is, or is part of, critical habitat or development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats), but not if the development application is for State significant development.

 

A Species Impact Statement did not accompany the application at the time of lodgment.

 

Pursuant to Clause 54 of the EP&A Regulation 2000, Council allowed further opportunity for the applicant to provide the required Species Impact Statement through written request on 25 September 2012.

 

To date, the applicant has failed to provide the necessary information.

 

7.5      Status of the current application

 

The proposed multi-unit housing development, located on the northern component of the site, is likely to pose significant impact to the threatened ecological community identified on the site. A Species Impact Statement is required in order for Council to fulfill its obligations in assessment of the subject application.

 

Council has on three (3) occasions pursued independent peer review of the documentation submitted by the applicant that relates to the endangered ecological community on the site. Advice received by Council in response clearly states that the submitted documentation does not meet the requirements of a Species Impact Statement and as such, fails to satisfy the above provisions of the EP&A Act, 1979 and the EP&A Regulation, 2000.

 

In lieu of the above, a Species Impact Statement to support the application remains outstanding. The applicant has been given sufficient opportunity to provide this information and consequently, the application is recommended for refusal.

 

7.6      Randwick Local Environmental Plan 1998 (Consolidation)

 

The site is zoned Residential 2B under RLEP 1998 (Consolidation). The proposed subdivision and multi-unit housing development are permissible with consent of Council.

 

The application is deficient of necessary information and as a result Council is unable to assess the application in accordance with its obligations under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Given this, the application has not been further assessed against the provisions of RLEP 1998 and is recommended for refusal.

 

7.6.1   Clause 40A - Site specific development controls plans

 

The objective of this clause is to ensure that development on certain land occurs in accordance with a site-specific development control plan and applies to sites with areas of over 10,000 square metres.

 

Amendments to Environmental Planning and Assessment Act (Section 83C) in September 2005 provided for staged development applications to be lodged as an alternative to the preparation of master plans/ DCPs for such sites.

 

Accordingly, the applicant has lodged a staged DA in seeking both concept approval and detailed built form approval within the subject application. Given this, the application is satisfactory in relation Clause 40A, in it’s request for staged concept and detailed built form approval.

 

7.6.2   Mapping of ESBS

 

Mapping of RLEP 1998 (Consolidation), acknowledged the presence of a definitive ESBS component on the site, as determined by the Office of Environment and Heritage’s ESBS Recovery Plan of 2004, shown Figure 5.

 

Further survey work was undertaken as part of the Sydney Metropolitan CMA Vegetation Classification and Mapping Project in 2009 that indicated the presence of the ESBS community occurring more extensively within the site than thought in the ESBS Recovery Plan of 2004. As a result, question of the presence of ESBS on the remainder of 11 Jennifer Street has been ongoing since 2009 and this situation has contributed to the necessity for peer review of the documentation by Total Earth Care, detailed above.

 

7.7      Randwick Local Environmental Plan 2012

 

The site is zoned R3 under RLEP 2012. The proposed subdivision and multi-unit housing development are permissible with consent of Council.

 

As outlined above, the application is deficient of necessary information and has not been further assessed against the provisions of RLEP 2012. The application is recommended for refusal.

 

7.7.1   Terrestrial biodiversity

 

RLEP 1998 (Consolidation) acknowledged the presence of a definitive ESBS component on the site, as determined by the Office of Environment and Heritage’s ESBS Recovery Plan of 2004, shown Figure 5 and has been continued in RLEP 2012, shown Figure 6.

 

Further survey work was undertaken as part of the Sydney Metropolitan CMA Vegetation Classification and Mapping Project in 2009 that indicated the presence of the ESBS community occurring more extensively within the site than thought in the ESBS Recovery Plan of 2004. Despite the findings of the 2009 survey work, this data has never been adopted into State legislation and as such, could not be integrated into mapping of RLEP 2012. 

 

Question of the presence of ESBS on the northern component of 11 Jennifer Street has been ongoing since 2009 and this situation has contributed to the necessity for peer review of the subject application to environmental consultant Total Earth Care, discussed below.

 

RLEP 2012 defines with Clause 6.5 the protection of identified Terrestrial Biodiversity. The Terrestrial Biodiversity Map identifies the subject site is to be assessed in relation to the provisions of Clause 6.5, given the presence of Eastern Suburbs Banksia Scrub.

 

Figure 5: RLEP 1998 Biodiversity mapping, indicating the conclusively mapped ESBS communities of 2004.   

Figure 6: RLEP 2012 Terrestrial Biodiversity mapping, indicating the conclusively mapped ESBS communities of 2004.  

 

(1)  The objective of this clause is to maintain terrestrial biodiversity by:

 

(a)  protecting native fauna and flora, and

(b)  protecting the ecological processes necessary for their continued existence, and

(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.

 

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider:

 

(a)  whether the development is likely to have:

 

(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(iv)  any adverse impact on the habitat elements providing connectivity on the land, and

 

(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

 

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

 

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

 

Council has pursued these obligations through referral of the application to Total Earth Care for peer review, as discussed above. It has been found that the relevant requirements for development affecting a threatened ecological community have not been satisfactorily addressed in the application.

 

Council cannot make a reasonable assessment of the application in line with it’s legislative obligations as the application is deficient of information necessary in the assessment of the proposed development and its impacts.

 

8.        Section 79C Environmental Assessment

 

The site has been inspected. The application does not meet the minimum requirements of lodgment and Council is unable to assess the application in accordance with its obligations under Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The application is incomplete and is unable to be assessed in relation to the relevant considerations of Section 79C of the Act.

Randwick Local Environmental Plan 2012.

The application is incomplete and is unable to be assessed in relation to the relevant considerations of Section 79C of the Act.

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

Not applicable.

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

The application is incomplete and is unable to be assessed in relation to the relevant considerations of Section 79C of the Act.

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

Not applicable.

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

The application is incomplete and is recommended for refusal pursuant to Clause 54 of the Environmental Planning and Assessment regulation 2000.