Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 27 August 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


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                  27 August 2013

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council 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, 27 August 2013 at 6:00pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

We humbly beseech you to bestow your blessings upon this Council and to direct and prosper our deliberations to the advancement of your glory and the true welfare of the people of Randwick and Australia.

Amen”

Acknowledgement of the local indigenous people

I would like to acknowledge that we are here today on the land of the Bidjigal people of the Dharwahal Nation.  The Bidjigal people are the traditional owners and custodians of this land and form part of the wider aboriginal nations of the Sydney area.  On behalf of Randwick City Council I would also like to acknowledge and pay my respects to the Elders both past and present.”

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

·             Ordinary Council Meeting - 23 July 2013

·             Extraordinary Council Meeting - 20 August 2013 (Minutes to be distributed on Friday 23 August 2013)

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council 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.

Mayoral Minutes

Mayoral Minutes, if any, will be distributed on the night of the meeting.

Urgent Business

Director City Planning Reports (record of voting required)

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.

CP60/13    385 Maroubra Road, Maroubra (DA/243/2013) - DEFERRED.......................... 1

CP61/13    47 Bond Street, Maroubra (DA/504/2012)............................................... 51

CP62/13    18 Frenchmans Road, Randwick (DA/178/2013)...................................... 123

Director City Planning Reports (record of voting NOT required)

CP63/13    Reporting variation to Development standard under State Environment Planning Policy No. 1 (SEPP1) July, 2013........................................................................ 153

CP64/13    Notice of Motion from Cr Smith - Structure of City Planning Reports (NM51/13) 157

CP65/13    Mandatory Swimming Pool Inspection Program....................................... 161

CP66/13    Sydney Airport Draft Preliminary Master Plan 2033- submission to Sydney Airport       177

CP67/13    Proposal and process for continuing Council's environmental levy program on a permanent basis............................................................................................. 187

General Manager's Reports

GM16/13    Replacement of Community Vacancy on Wylie's Baths Trust..................... 191

GM17/13    Review of the 2012-13 Annual Operational Plan - June Quarterly Report..... 193

GM18/13    Due Diligence Report, the proposed Handover of La Perouse Museum and Surrounds   195

Director City Services Reports

CS11/13    Roads and Maritime Services Grant Funding and other road related projects 221

Director Governance & Financial Services Reports

GF41/13    Internal Reporting Policy - Public Interest Disclosures Act........................ 225

GF42/13    Review of Code of Meeting Practice..................................................... 239

GF43/13    Withdrawal of Caveat & Affixing of the Council Seal................................ 241

GF44/13    Investment Report - July 2013............................................................ 247

GF45/13    Council and Committee Meetings schedule for October 2013..................... 255  

Petitions

Motion Pursuant to Notice

NM70/13    Notice of Motion from Cr Stavrinos - Request for State Government advice regarding hoarding issues................................................................................ 257

NM71/13    Notice of Motion from Cr D'Souza - Port Botany petrol spill....................... 259

NM72/13    Notice of Motion from Cr Moore - Environmental sustainability supplementary funding  261

NM73/13    Notice of Motion from Cr Matson - Council's response to watering down of Government's ban on promotional liquor discounts of greater than fifty percent.............. 263

NM74/13    Notice of Motion from Cr Matson - response to pedestrian and car movement issues raised by Our Lady of the Sacred Heart Primary School Parents and Friends Committee.................................................................................................... 265

NM75/13    Notice of Motion from Cr Matson - Elderly pedestrian safety in Cooper Street 267  

Closed Session

Director City Services Report (record of voting required)

CS12/13    Tender for Heffron Park Amenities Building, Central East Precinct - T05/13

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Director Governance & Financial Services Report (record of voting required)

GF46/13    Tender for Claims Management Services - T01/2013

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

Director Governance & Financial Services Reports (record of voting NOT required)

GF47/13    16R Albi Place, Randwick - Road Dedication

This matter is considered to be confidential under Section 10A(2) (g) Of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

GF48/13    Request for Transfer Granting Easement - 43P Borrodale Road, Kingsford

This matter is considered to be confidential under Section 10A(2) (g) Of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Notice of Rescission Motions

Nil. 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                  27 August 2013

 

 

Director City Planning Report No. CP60/13

 

 

Subject:                  385 Maroubra Road, Maroubra (DA/243/2013) - DEFERRED

Folder No:                   DA/243/2013

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The subject application seeks approval for alterations and additions to the existing dwelling house including a new first floor addition.

 

The application was reported to the Planning Committee Meeting held on 9 July 2013. At the meeting, it was resolved:

 

“RESOLUTION: (Andrews/Matson) that this matter be deferred for mediation between the applicant and objectors to discuss issues such as the reduction in height of the roof and the reduction in the height of the slab between the ground and first floors.”

 

Issues

 

A mediation between the Applicant and a number of residents was held on 14 August 2013.  The mediator had advised Council that;

 

“The parties at the mediation discussed issues about the DA including the issues raised in the Council’s resolution of reduction in height of the roof and reduction in the height of the slab between the ground and the first floors.  No resolution was reached but the parties gained a better understanding of the respective positions”

 

As there was not outcome from the mediation the application is referred back to Council for determination.

 

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 mediation was not able to resolve the matters in dispute between the Applicant and the objectors. The application is therefore referred back to Council for determination.

 

 

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 north western external walls of the dwelling must be located not less than 1200mm 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:

 

1.View

Report - 385 Maroubra Road, MAROUBRA on 9 July 2013

 

 

 

 


Report - 385 Maroubra Road, MAROUBRA on 9 July 2013

Attachment 1

 

 

 

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 north western external walls of the dwelling must be located not less than 1200mm 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

 


Ordinary Council                                                                                                  27 August 2013

 

 

Director City Planning Report No. CP61/13

 

 

Subject:                  47 Bond Street, Maroubra (DA/504/2012)

Folder No:                   DA/504/2012

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Alterations to the existing multi-unit residential building including additional floor resulting in 6 units over 3 levels with semi-basement and ground level carparking for 6 vehicles (SEPP1 objections to floor space ratio, landscape area and wall height control)

Ward:                      Central Ward

Applicant:                Arki (Vis) Pty Ltd

Owner:                         Mr J E Hagger & Mrs S L Hagger

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.      Executive Summary

 

The subject proposal is referred to Council for determination as it contains variations to the maximum FSR, maximum wall height and minimum landscaped area standards stipulated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%. The applicant has submitted a SEPP 1 objection to these development standards.

 

The subject application is for alterations to the existing multi-unit residential building including additional floor resulting in 6 units over 3 levels with semi-basement and ground level carparking for 6 vehicles.

 

To address issues raised by the Council and the SEPP 65 Design Review Panel (DRP), amended plans were submitted on 19 March 2013, primarily showing provision of news stairs to improve access, wider main entrances, installation of shading and solar control devices, increase in building height by 100mm to accommodate services and insulation, internal improvements in configuration and layout of units and external enhancement to facades to strengthen the presentation and aesthetics of the building. A view analysis was also submitted with the amended plans showing moderate view loss impacts to the neighbouring property to the north. The amended plans are considered to be satisfactory showing an improved proposal that addresses design issues raised. These amended plans are the subject of assessment in this report.

 

The amended proposal has an FSR of 0.99:1 which breaches the maximum 0.65:1 FSR standard applicable under the Randwick LEP 1998; a maximum external wall height of 11.46m which varies from the maximum wall height standard of 10m and a landscaped area of 42% (242 sqm) which varies from the minimum landscape area control of 50% (287.8 sqm). Accordingly, the applicant has submitted SEPP 1 Objections in respect of the variations to FSR, wall height and landscaped area.

 

The SEPP 1 Objections have been assessed and found acceptable as the proposal does not result in a building that exceeds the maximum 12m height control with the increase floor area mainly contained within an upper floor addition that will have a flat roof lower than the high pitched roof of the existing building. The existing building has an FSR of 0.66:1 (379.8 sqm) and, while the proposal will increase the FSR to 0.99:1 (569.8 sqm) it will integrate the new floor area into the existing building in a competent and sensitive way such that, visually, there will not be a great increase in bulk and scale in the new building. In relation to height, the new upper floor addition will be satisfactorily integrated into the existing envelope such that it would comply with the 10m wall height standard at the front section to Bond Street and therefore would not be visually intrusive in the streetscape and would minimise view loss to neighbouring properties directly in front of the subject site. The overall development will be consistent in height bulk and scale to that of existing residential flat developments in Bond Street. In terms of landscaped area, the proposal will result in 4 sqm of additional landscaped private open space than currently exists on site. The existing development has a poorly maintained and unkempt rear yard that does not lend a high degree of amenity to occupants. The proposal will replace this with a rejuvenated and enhanced landscaped area which will serve as a recreational as well as screening/softening element for the proposed development. Accordingly, overall, the proposal will be consistent with the planning objectives for the locality and purposes of the standard, resulting in a built form that will be consistent with the character of existing development. Furthermore, the additional density will not give rise to any detrimental impacts to surrounding uses in terms of sunlight, privacy, views, traffic and parking impacts. Assessment of the SEPP 1 Objection indicates that strict compliance with the FSR, wall height and landscaped area control would be unreasonable and unnecessary as indicated in Section 5 of this report.

 

The Randwick Multi-Unit Housing DCP specifies detailed built form, setbacks and amenity controls for residential flat buildings. It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP – Multi-unit Housing have been achieved in that the proposed development primarily will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The proposal is for alterations and additions to an existing building where the existing western building line cannot be relocated or rebuilt to accommodate a wider driveway along the western boundary without demolishing a significant amount, if not the whole, of the existing building.  In this context, the provision of some car parking spaces at the rear, albeit for small cars, will assist in alleviating car parking demand on Bond Street. Furthermore, the existing building with 4 dwelling units currently has no on-site car parking so that, in comparison, the addition of only two more dwelling units but with 6 car parking spaces for small cars, is considered a positive outcome.  The shortfall relating to visitor parking, amounting to 2 car spaces, can be addressed by the fact that the site is located adjacent to good public transport with regular and frequent bus routes along Marine Parade. Given the site’s proximity to good public transport and availability of on-street parking the requirement for visitor parking may be waived in this instance. There is no scope to provide additional parking on the site without a complete knockdown and rebuild of the existing building to provide for a basement car park.

 

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

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The current proposal is essentially for alterations to the existing multi-unit residential building including additional floor resulting in 6 units over 3 levels with semi-basement and ground level carparking for 6 vehicles

 

As indicated above, the proposal has been amended to address issues raised by Council and the SEPP 65 DRP with the following changes:

 

 

 

 

3.      The subject site and surrounding area

 

http://wnadm10:8084/eview/output/eview27942.png

Figure 1: The subject site and surrounds

 

The site is located on the southern side of Bond Street in Maroubra near the intersection of Bond Street and Marine Parade. The site is irregular in shape, having an overall area of 575.6m2. The site has a frontage of 15.24m to Bond Street and a rear southern boundary of 15.95m. The eastern side (side) boundary is 35.56m  and the western side boundary is 40.23m. Levels fall steeply across the site from the front to the rear by some 3.8m. The site currently contains a two-storey brick and tiled pitched roof residential flat building containing 4 x 2 bedroom units with a rear lower level under the building for laundry rooms. There are no car parking spaces existing on-site.

 

The site is adjoined to the west by No.45 Bond Street, which contains a three storey brick and tiled roof residential flat building; to the east by a single storey dwelling house at No. 49 Bond Street which is currently used for a child care centre; and to the south by a residential building at No 130A Marine Parade which is setback significantly from the common rear boundary; and to the north on the opposite side of Bond Street is a large four storey residential flat building at No 34-36 Bond Street.

 

The surrounding area is characterised by a mix of multi-unit development ranging between 2 and 5 storeys in scale, and displaying a range of architectural styles and external finishes interspersed with dwelling houses and dual occupancies further inland towards the west.

 

 

Photographs of the site and surrounds

 

1. The subject site and existing residential flat building.

2.  The subject site in the context of the immediate existing streetscape.

 

 P1010001

P1010002

 

3. Adjoining eastern dwelling house at No 49 Bond Street currently used for a child care centre.

4. Large three storey residential flat building on elevated basement podium directly on the opposite side of Bond Street at No 34-36. 

 

DSC08256

5. Other higher scaled development on existing on Bond Street.

 

 

 

 

 

4.      Site History

 

The current application was referred to the Design Review Panel in September 2012 and the Panel’s comments are discussed in Section 9 below.

 

As indicated in the executive summary above, amendments to the proposal have been undertaken by the applicant in response to SEPP 65 DRP issues, resulting in a final set of plans received by Council on 19 March 2013. 

 

5.      State Environmental Planning Policy No 1 Objections

 

Clause 20F        Floor space ratios

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

 

A maximum FSR standard of 0.65:1 (max 374.14 sqm) is applicable to the subject site pursuant to Clause 20F of the Randwick Local Environmental Plan (Consolidation) 1998. The proposed multi-unit housing development will result in an FSR of 0.99:1 (max 569.8 sqm). The existing building has a FSR of 0.66:1 (379.8 sqm).

 

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

 

Matter 1

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

 

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

 

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

 

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

 

 

Compliance with the development standard is unreasonable and unnecessary for the following reasons:

·      The excess floor area, amounting to 183.4sqm, will be predominantly distributed to a new upper level and contained within a building that has a maximum building height of 11.45m which complies with the maximum building height standard of 12m under the Randwick LEP 1998.

·      The proposal will have a height, bulk and scale that will not be visually intrusive as the new upper floor addition will be integrated with the existing building such that the front section of the building will comply with the 10m wall height standard. Accordingly, the proposal will not replace the existing RFB with an excessively high and bulky building, which in turn maintains the existing character of the streetscape.

 

 

 


Figure 2 : Proposed north elevation to Bond Street

 

·      In terms of relative levels to AHD, the overall height of the proposed development with the new top floor level (at maximum RL 24.73) will be compatible with other RFBs in the locality including at No 128 Marine Parade (max 5 storey and max 14.43m at RL23.150); No 126 Marine Parade (Max 4 storeys and max 12.5m high); No 33 Bond Street  (max 3 storeys and max 12m high)  and No. 34-36 Bond Street (max 3 storeys on top of basement podium at RL30.10).

 

·      The proposed building will make a positive contribution to the Bond Street streetscape and locality in that it will be upgraded and refurbished with additional façade changes to improve its environmental qualities. The additional FSR improves the overall functionality of the building without demolishing or rebuilding the existing building on site. The proposal demonstrates that refurbishment of the building can achieve significant improvements to the aesthetics, amenity and environmental performance at a reasonable cost. Figure 3 shows that the top floor addition will be well integrated into the existing built form and will not be visually intrusive in the streetscape. In particular, the proposed use of a dark express weatherboard cladding combined with anodised external blinds at the additional upper floor provides a contemporary light and articulated element that not only moderates the visual bulk and scale of the proposal but also contributes to the streetscape by providing a building that is compatible in building bulk and scale as well as roof ridge levels.

 

·      The building is reasonably modulated such that the overall building mass is broken down and, combined with the orientation of the site, will continue to ensure reasonable solar access to adjoining development. In this regard, the proposal responds to the topography of the site and surrounding locality with the new upper floor addition containing the additional floor area maintaining an appropriate restrained compact form.

 

·      The additional gross floor area will have walls that exceed the maximum wall height only on to southern end of the new additional floor level, that is to the rear, predominantly away and behind the view corridor of the residential properties in No 34-36 Bond Street so that the impact on view loss to these properties will be moderate and acceptable (as assessed in Section 9.1.2 below)

 

·      The proposed non-compliance does not result in any inconsistencies with the objectives of the 2C zone in which the site is located as it will contribute towards the variety of housing types in the area with the addition of two new dwelling units and enable residential development of medium density form where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area.

 

·      The proposal has incorporated additional design amendments in line with advice from the SEPP 65 Design Review Panel. This has further enhanced the design and visual presentation of the building such that it will have a more aesthetically pleasing and strengthened presence to Bond Street.

 

·      The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the subject site with minimal adverse environmental and amenity impacts on neighbouring uses.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

·      it will have a height, bulk and scale that will not detract from the predominant existing character of its specific location containing predominantly medium to high density residential development including refurbished residential flat buildings, and older style residential flat buildings and 1970’s three to four storey walk-ups.

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

 

The proposal is also consistent with the relevant objectives of Residential 2C Zone in that it will allow for suitable development which is both commensurate with the surrounding bulk and scale of buildings, as well as the desired character of the locality.

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the medium to high density housing forms in the locality, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

There would be no public benefit in maintaining strict adherence to the relevant planning controls in this instance as the proposal will not adversely affect the amenity of adjoining and surrounding uses in terms of privacy, solar access, views and visual bulk and scale impacts and in doing so it would uphold the orderly use and development of the subject land. 

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

Compliance would, in this case, be unreasonable as the underlying objectives of the standard are achieved.

 

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

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

 

·      Maximum Building and External Wall Height (Clause 20G)

The proposal seeks a variation to the maximum external wall height standard. The amended proposal has a maximum external wall height of 11.46m which varies from the maximum wall height control of 10m specified in Clause 20G Randwick LEP 1998.

 

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

 

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

 

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

 

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

 

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


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

 


·      The proposal will readily comply with the overall maximum 12m building height control having a maximum building height of 11.76m.

 

·      The additional external wall height is localised in the southern section of the proposed top floor addition and occurs as a consequence of the sudden fall in the slope of the land at the existing excavated garage level at this point. Nevertheless, the breach in height at this point is mitigated by its generous setback from the southern rear boundary of maximum 12.4m.

 

·      The increase in wall height arises in the portion of the addition where there is a sudden fall in level over the existing excavated garage level whereas, in fact, in terms of relative levels to AHD, the overall height of the proposed development with the new top floor level (at maximum RL 24.73) will be lower than the existing building which has a maximum RL 24.90 to the pitch of the existing roof located over an existing higher section of the subject site.

 

·      The minor localised breach of the building and wall height limit is warranted as it does not create excessive visual bulk and scale; is not considered intrusive or dominant; and does not give rise to detrimental amenity impacts on adjoining/surrounding properties. More importantly, the position of the maximum breach in wall height towards the rear and behind the front building line means that it does not obstruct views of adjoining properties especially from across Bond Street.

 

·      The new top floor will be setback by a minimum 8.7m to a maximum 12.4m from the splayed rear boundary. The proposal will also retain the existing eastern and western side building alignments. As such, the top level will not appear as a visually intrusive element and will not be significantly noticeable when viewed from adjoining properties and from the street front. The proposed development will not introduce a new intrusive built form into the streetscape but rather adds moderately to the sides of the existing roof line. The proposal, therefore, will be consistent with the height, bulk and scale of adjoining and surrounding multi-unit housing development along Bond Street. Accordingly, the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality.

 

·      The proposed building will make a positive contribution to the Bond Street streetscape and locality in that it will be upgraded and refurbished in line with Council's urban design improvement strategy  contained in Design Ideas for Rejuvenating Residential Flat Building to achieve a higher aesthetic quality and design than that currently exhibited by the existing building. Accordingly, the proposed development will achieve the objectives contained in the strategy. Visually, a comparison between the proposed and existing development (see Figure 3 below) shows that the top floor addition will be well integrated into the existing built form and will not be visually intrusive. In particular, the proposal’s use of a flat roof form to replace the existing higher pitch roof provides an overall contemporary well-articulated and well-modulated building that not only moderates the visual bulk and scale of the proposal but also contributes to the streetscape by providing a building that is compatible in building bulk and scale as well as roof ridge levels.

 

Figure 3: Photomontage of proposal in Bond Street.

 

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

·      The increase in the building and wall height arises from the steep topography of the subject site but results in a building envelope whose location and orientation will not give rise to any significant adverse visual bulk and scale, overshadowing impacts, view loss, privacy or visual or streetscape impacts on adjoining and surrounding properties as indicated in relevant parts of this report.

 

The proposal satisfies the purpose of the wall height standard and the SEPP 1 Objection is well founded.

 

Matter 2

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

 

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

 

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

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

 

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

 

Matter 3

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

 

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

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

 

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

 

There would be no public benefit in maintaining strict adherence to the relevant planning controls in this instance as the proposal will not adversely affect the amenity of adjoining and surrounding uses in terms of privacy, solar access, views and visual bulk and scale impacts and in doing so it would uphold the orderly use and development of the subject land. 

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

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

 

Clause 20E                  Landscaped Areas

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20E of RLEP 1998, the maximum landscaped area required for development, other than a dwelling house, within Zone No 2C is 50 % (287.8 sqm) of the site area. The proposal has a maximum landscaped area of 42% (242 sqm). The subject site has an existing landscaped area of (41% (238 sqm).

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

 

 

Compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

·      The proposal is for the refurbishment of an existing residential flat building which will result in 4 sqm of additional landscaped private open space than currently exists on site. Subject to proposed works in the submitted landscape plan, the proposed landscaped area will have a better quality when compared with the poorly maintained and unattractive landscaping that is currently available on-site.

 

·      The proposed landscaped area will comprise entirely of deep soil area (with no areas located over a basement podium), a large proportion of which is located in the rear yard. Accordingly, the landscaped area provision will achieve the objective of the standard by operating in tandem with the controls for floor space ratio and building height to improve the visual presentation of the building through the provision of substantial and robust landscaping as indicated in the submitted landscape plan, and enhance the environmental amenity and aesthetic character of the area.

 

·      The proposal will provide adequate areas of both communal and private open space, the distribution and balance of which are considered reasonable such that the amenity of landscaped areas for future residents will be enhanced.

 

·      The proposed building will make a positive contribution to the Bond Street streetscape and locality in that it will be upgraded and refurbished in line with Council's urban design improvement strategy contained in Design Ideas for Rejuvenating Residential Flat Building to achieve a higher aesthetic quality and design than that currently exhibited by the existing building. Among other things, this strategy calls for landscaping to be an integral part of the rejuvenation process (page 14). Accordingly, as the existing development has a poorly maintained and unkempt rear yard that does not lend a high degree of amenity to occupants, the proposal will replace this with an enhanced landscaped area which will serve as a recreational as well as a screening/softening element for the proposed development. On the whole, the quality of landscape provision to the site is improved by the current proposal and results in higher quality, useable outdoor recreation space for future residents/occupants of the site. The proposal meets the relevant objectives of the standard despite non-compliance with the statutory standard.

 

·      The landscape plan lodged with the application indicates an appropriate range of planting which will provide a landscaped ambiance for the existing and proposed passive/active recreation areas and will also contribute to achieving appropriate privacy and separation between the street, adjoining properties, and the existing units.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

There would be no public benefit in maintaining strict adherence to the relevant planning controls in this instance as the proposal will not adversely affect the amenity of adjoining and surrounding uses in terms of privacy, solar access, views and visual bulk and scale impacts and in doing so it would uphold the orderly use and development of the subject land. 

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

Compliance would, in this case, be unreasonable as the underlying objectives of the standard is achieved.

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

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

 

6.      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 and the issues raised discussed below:

 

1/34-36 Bond Street, Maroubra

2/34-36 Bond Street, Maroubra

5/34-36 Bond Street, Maroubra

6/34-36 Bond Street, Maroubra

7/34-36 Bond Street, Maroubra

8/34-36 Bond Street, Maroubra

9/34-36 Bond Street, Maroubra

11/34-36 Bond Street, Maroubra

1/134 Marine Parade, Maroubra

2/134 Marine Parade, Maroubra

5/45 Bond Street, Maroubra

47 Bond Street, Maroubra

 

Loss of views

The owners of properties on the opposite side of Bond Street at No 34-36 Bond Street have raised concerns regarding loss of views to Maroubra Beach looking south across the subject site. The affected views from selected objectors’ properties in No 34-36 Bond Street have been inspected and photographed. The applicant has digitised the proposed building into the affected view corridors obtained from Unit 5 (which is broadly representative of the view impact from middle level units within No 34-36 Bond Street) and from Unit 9 (which is broadly representative of view impacts from the upper level units within No 34-36 Bond Street). The view analysis from these units has been undertaken in Section 9.1.2 below in accordance with the view loss assessment principles under Tenacity vs Warringah Council. The analysis essentially indicates that the proposal will result in a moderate loss of views to the middle and upper levels properties. In addition to the view loss analysis, the following additional considerations are made in support of the findings of that assessment:

 

·      The objectors consultant planner states in relation to the first step of the planning principles under Tenacity vs Warringah Council that

 

“The views that are affected by the proposed development include views of the Pacific Ocean, views of the interface between the Pacific Ocean and Maroubra Beach and views of the Maroubra Surf Life Saving Club. They are partial views and are considered iconic.

 

Step 1 of the planning principle states clearly that iconic views comprise of views with valuable icons like the Opera House, the Harbour Bridge or North Heads. In this context, the view of Maroubra Beach from No 34-36 Bond Street which is already partially obstructed and filtered by existing development, while significant,  are not considered iconic. The objectors’ consultant planner’s own assessment that these existing views are partial should lead to the conclusion contained in Step 1 that “whole views are valued more highly than partial views” rather than the unlikely assessment that the subject views are iconic. The expectation to maintain this partial view of Maroubra Beach by denying redevelopment of the subject site for relatively modest extensions either side of the existing pitched roof and located below the existing roof ridge is considered unreasonable. Accordingly, as assessed in the view loss analysis in Section 9.1.2 below, the view loss generated by the proposed development is moderate and, therefore, considered reasonable and acceptable given, among other things, that the affected views are partial and non-iconic.

 

·      The objectors' consultant planner states in relation to the third step of the planning principles under Tenacity vs Warringah Council that:

 

“If the development is approved it would set a precedent for development of the adjoining site to the east of the subject site which would result in a loss of all existing views from the living areas of units in the first floor (of No. 34-36).”

 

Step 3 of the planning principles requires an assessment of the extent of the impact of the subject development and not what may or may not be developed on adjoining sites. The planning principles do not extend view loss impact analysis to include speculative scrutiny of the development potential in adjoining sites nor, for that matter, all other surrounding allotments. The ultimate form of development on adjoining and neighbouring sites will depend on the design of any new development and the potential opportunities and constraints that arise from the particular circumstances of each site and its context.  As indicated in the view loss analysis in Section 9.1.2 below, the extent of the view loss generated by the proposed development is considered moderate as, qualitatively, it obstructs an area where the new additional floor extends and fills the space where the existing roof currently pitches down (see Photos C and D below). More significantly, wider views of the water, beach and horizon in the background are retained. Furthermore, the proposal retains the existing eastern and western building alignments so that the view of Maroubra Beach and Malabar Headland through existing view corridors between adjoining buildings is maintained.  Additionally, an equally significant view of the Pacific Ocean to the east is obtained from all balconies of No 34-36 Bond Street which will not be affected by the proposed development at all (Photo E).

 

Loss of privacy

Privacy issues are addressed in Section 9.1.1 below. The residents of the residential flat building on the opposite side of Bond Street at No 34-36 Bond Street have raised concerns of overlooking. The proposal is not considered to result in any loss of privacy to these objectors because there are no proposed balconies and associated living rooms facing No 34-36 Bond Street, these being oriented south towards the water and district views. The proposal instead will have bedrooms facing the street and the objectors’ properties which are not considered to give rise to activities that are conducive for overlooking. Furthermore, the separation distance between the two properties will be in excess of 20m (given the substantial width of the Bond Street road reserve) which readily achieves the minimum 10m separation distance under the preferred solution of the DCP – Multi-unit Housing. 

 

Loss of privacy from the new rear balconies to the south has also been raised by residents at No. 134 Marine Parade to the south-east. The proposed balconies are considered reasonable in relation to the privacy of No. 134 Marine Parade for the following reasons:

 

§ The balconies will be located some 35m-40m from the rear yard and building line of No 134 Marine Parade which is almost 4 times the minimum 10m separation distance required for privacy under the preferred solution in the DCP – Multi-unit Housing.

§ Any view towards No 134 will be available only at a significantly oblique angle due to the screening effect of the proposed 1800mm high privacy screens along the western edge of the rear balconies as well as the thick feature end column on the western corner of these balconies.

§ It would be unreasonable to require privacy screens along the southern edge of the proposed rear balconies as this would severely restrict the amenity of the dwelling units in terms of access to natural light, cross ventilation and reasonable outlook to the sea and district.

 

Approval would set an undesirable precedent

The planning consultant representing the objectors at No 34-36 Bond Street states that the proposal creates an undesirable precedent as the building bulk would be “inconsistent with the buildings immediately adjoining the subject site”. The buildings adjacent to the subject site currently comprise a lower and sunken two-storey residential flat building on the western side at No. 45 Bond Street and

a significantly lower and sunken dwelling house (currently used as a child care centre) at No 49 Bond Street. These adjoining properties may be subject to more intensive redevelopment in the future but this is a matter that cannot be definitively considered in this assessment and any discussion would be purely speculative. This selective approach of comparing the development to two existing apparently underdeveloped sites is considered erroneous. The objectors’ consultant fails to state that Bond Street and nearby streets in the locality have a number of existing developments with significantly larger building bulk and built form than that proposed (see Figures 4 to 8 below), including that of the consultant’s clients at No 34-36 Bond Street, and, that these developments have established the dominant character in terms of bulk and scale in the street.

DSC08233
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 4: Existing bulk and scale precedent in Bond Street at No 34-36 Bond Street comprising a large elevated three storey RFB on basement podium.

 

DSC08249

Figure 5: Existing bulk and scale precedent in Bond Street at No 34-36 Bond Street (right) comprising a large elevated three storey RFB on basement podium, and another large part3 and part 4 storey development directly behind (right) at No. 9-11 Beaumond Avenue.

 

 

 

DSC08229

Figure 6: Another existing bulk and scale precedent at 33 Bond Street comprising a large three storey RFB on basement podium

DSC08231

Figure 7: Existing bulk and scale precedent at 30 Bond Street comprising a large three storey RFB on basement podium

 

 

DSC08239

Figure 8: Existing bulk and scale precedent at Nos 126 and 128 Marine Parade showing their secondary frontage to Bond Street.

 

Accordingly, the proposal is not considered to set an undesirable precedent for these adjoining sites as the Bond Street and surrounding street, including Marine Parade and Beaumond Avenue, have visually larger multi-unit residential developments. The proposal is not considered to result in an undesirable precedent as it has a height, visual bulk and scale that will be compatible in the existing streetscape while maintaining the desired future character of built form in the locality. Additionally, the proposal has a design that incorporates a modern rendered treatment with functional yet attractive weather protection and design elements that breaks any perception of visual bulk and scale in the development but also results in a contemporary and aesthetically pleasing modernised appearance to the existing building.

 

Non-compliance with FSR, wall height and landscaped are controls

Whilst the proposal exceeds the maximum permissible FSR 0.65:1 with a proposed FSR of 0.99:1 (569.8 m2), and maximum wall height with a proposed wall height of 11.45m, the proposal will have a visual bulk and scale that is not considered to be out of character with the immediate adjoining residential flat buildings along Bond Street and in the context of the subject site’s location in an area containing a significant level of medium to high density development. The streetscape perspective shown in Figure 3 and in the SEPP Objection assessment above confirms this. Furthermore, while the proposed landscape area of 42% falls short of the minimum 50% standard, the proposal will increase the landscaped area provision over that existing on-site with an upgraded and refurbished scheme that will make a positive contribution to the Bond Street streetscape and locality. Additionally, the non-compliant proposal is not considered to result in any detrimental impact on the amenity of adjoining residents in terms of solar access, privacy, views, visual bulk and scale, and traffic. The objectors focus on the quantitative nature of the non-compliance in terms of the amount of GFA (195 sqm), building height above the external wall height standard (1.45m) and shortfall in landscaping (45.8 sqm) without considering the qualitative merits of the proposal is terms of the existing streetscape, design and amenity impacts is considered unreasonable. In this regard, the assessment of the SEPP No 1 Objections lodged in relation to the breach in FSR, building height and landscaped area shows that it is well founded and strict compliance with the standard would be unreasonable and unnecessary (see Section 5 above).

 

The proposal does not address SEPP 65 – Design Quality of Residential Flat Development requirements.

The relevant section below indicates that the proposal has been referred to the SEPP 65 Design Review Panel (DRP) and the recommendations of the DRP have been incorporated in the amended proposal which have been assessed and found to be reasonable and acceptable. In particular, the DRP has stated that “the modernising approach to the aesthetics is generally considered appropriate…” and subject to recommended amendments “… the proposal is appropriate and has the potential to be a good development”.

 

Incorrect depiction of height difference between the existing and proposed developments

The submitted plans are generally considered to be reasonable and accurate. The superimposition of the existing building outline onto the proposed building is reasonably accurate and accords with the difference shown on survey of the maximum roof ridge RL of the existing house and the relative levels on the architectural drawings. Furthermore, RLs of other buildings in the locality have been included in the submitted survey.

 

The extent of excavation is unclear.

As assessed in the relevant section below, the extent of excavation will be relatively minimal with the proposed car park to be located on the lowest level of the existing site at the rear which will extend under the building as an under croft area. Additionally, the degree of excavation is consistent with the relevant DCP and LEP provisions for earthworks and will not detrimentally 

 

Stormwater management not addressed

Conditions to address stormwater management have been recommended by Council’s Development Engineer should approval be granted for the DA requiring among other things the submission of detailed drainage plans prepared by a suitably qualified Hydraulic Engineer demonstrating 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. Furthermore, a condition requiring that only stormwater runoff from the site (no seepage water) is to be discharged to Council’s kerb and gutter (or underground drainage system) or to a suitably sized pump out system.

 

The application does not address the foreshore scenic protection area in which it is situated

The amended proposal will have an aesthetic appearance that will not be detrimental to the visual qualities and amenity of the foreshore. The proposal will improve the appearance of the existing building to the benefit of visual amenity of the coast primarily by introducing new façade materials and finishes to replace the old and dated elements of the existing building and to reflect the coastal environment as indicated in the submitted materials schedule. Furthermore, the proposed works are not atypical of the surrounding development in the locality in terms of style, bulk and scale and external finish. The development is satisfactory with regard to Clause 29 of RLEP 1998.

 

Inadequate RLs of the existing building on the subject site are not shown on the elevations within the drawings submitted within the application. 

The RLs of the existing building are shown on the survey drawing accompanying the DA and, an assessment of the architectural elevations indicate that the depiction of the existing building in this elevation is consistent with these RLs as well as those of other buildings adjoining the subject site.

 

The applicant’s SEPP 1 Objection does not indicate view loss as a potential impact. 

 

The applicant’s SEPP 1 Objection in relation to the variation to external wall height standard refers to view loss.

 

7.      Technical Officers Comments

 

7.1    Building Surveyor

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

 

7.2    Development Engineers and Landscape Development Officer

Council’s Development Engineering Section provides the following comments:

 

“An application has been received for alterations and additions to the existing residential flat building which currently contains 4 x 2 bedroom units with a narrow side drive servicing 2 single car garages at the rear of the site. The proposed alterations and additional floor will create a total of 6 x 2 bedroom units and formalize parking for  7 vehicles (no visitor spaces) & 2 motor bike spaces.

 

This report is based on the following plans and documentation:

·      Amended Architectural Plans by arkivis dated 19/03/2013;

·      Statement of Environmental Effects by MJB Urban Planning

·      General Comments by G Slattery urban planning P/L dated 19/2/2013;

·      Traffix Report dated 11April 2013 including amended car space layout.

 

Driveway Comments

As previously advised to the applicant the current side driveway servicing the rear parking area is considered extremely narrow. The submitted plans show a driveway width of only 2.153m between the existing building and the western side boundary (Sheets 04a, 06a & 07a) and a physical inspection by Council’s Development Engineer has revealed that the internal driveway at its narrowest point is 2.100m.

 

The report submitted by Traffix (Traffic & Transport Planners) dated 11/4/2013 notes that the driveway in its current form “is substantially deficient in respect of AS2890.1”.

 

Traffix says that access by vehicles to the rear of the site be limited to small vehicles only (as referred to AS2890.1 2004) and that the site be suitably sign posted as small cars only. Development Engineering notes that in AS2890.1:2004 it states that “the light car category should now be used as the basis of the small car space” and that the light car now represents only 35% of the Australian Fleet and that the width of the small car of 1700mm leaves only 200mm either side of the vehicle at the driveways narrowest point.

 

Traffix also in its report included an amended car park layout which shows 7 car spaces and 2 motor cycle spaces. The car spaces will further have to be reduced to 6 spaces as Development Engineering has requested that car space No 2 be deleted as it blocks pedestrian access along the new walkway at the front of the car space.

 

Comment: The Development engineer has advised further in these comments that the provision of 6 car parking spaces is consider reasonable as the proposal is for alterations and additions to an existing building where there is currently no car parking provided such that this deficiency can be treated as “parking credits” currently enjoyed by the existing premises and transferable in respect of the proposed alterations/additions.

 

Development Engineering does not support the proposed development in relation to the increased parking demand which can only be provided, maybe , for small vehicles only which still may increase on-street parking demands in the area should residents not feel comfortable using the side driveway.

 

Comment: The proposal is for alterations and additions to an existing building where the existing western building line cannot be relocated or rebuilt to accommodate a wider driveway along the western boundary without demolishing a significant amount, if not the whole, of the existing building.  In this context, the provision of some car parking spaces at the rear, albeit for small cars, will assist in alleviating car parking demand on Bond Street. Furthermore, the existing building with 4 dwelling units currently has no on-site car parking so that, in comparison, the addition of only two more dwelling units but with 6 car parking spaces for small cars, is considered a positive outcome.  Accordingly, the provision of car parking spaces accessible by small cars in the proposed development is considered reasonable and acceptable subject to appropriate sign posting and parking management and plan for future residents of the complex. A condition requiring these measures will be applied should approval be granted.

 

Widening of internal driveway.

The applicant was previously requested to liaise with the owners of the adjoining property (No 45) to seek the creation of a right of way so as to increase the width of the existing driveway width. The applicant has advised in additional information dated 19/3/2012 that no response has been received from the correspondence to the adjoining owners and considers it unlikely that the owner/s would be interested in meeting the needs of No 47.

 

Car Spaces

The Planning Officer is advised that car space 2 is not supported as it blokes pedestrian movements and thus should be deleted from the plans. This would leave a total of 7 spaces which would allow each unit to have a minimum of 1 allocated car space.

 


Parking Numbers

Considering there is no formal parking layout for the current development it is believed that in regards to parking numbers, considering possible credits for the existing development, the 6 spaces are considered satisfactory (no visitor spaces – delete car space No 2)

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Should the application be approved the following conditions shall apply:”

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

The Randwick Local Environmental Plan 2012 was gazetted on 15 February 2013. Clause 1.8A of the RLEP 2012 requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 (Consolidation) that was in force immediately before the commencement of this plan.

 

The subject application was lodged in August 2012, and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

It should be further noted that in the NSWLEC Proceedings for Wang and Anor v Canterbury City Council [2013] NSWLEC 1098, a DA that is saved by Clause 1.8A of the new LEP requires no consideration of the new LEP in the assessment of the saved DA. Notwithstanding this, this assessment has assessed the amended proposal against the provisions of the Randwick LEP 2012 in Section 8.2 below.

 

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

 

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

 

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

 

Clause 20E   Landscaped areas

Clause No.

Requirement

Provided

Compliance

20E (2) – Landscaped Area for Zone 2B and 2C

50% of site area (or 287.8  m2)

42% (or 242 m2)

No (SEPP 1 Objection submitted)

31(3) – Landscaped Area over Basement

Max 50% of landscape  area requirement

No basement structures proposed

Yes

 

Clause 20F  Floor Space Ratio

Clause No.

Requirement

Provided

Compliance

20F  –  Floor Space Ratio

0.65:1 (374.14m2)

0.99:1 (569.8m2)

No (SEPP 1 Objection submitted)

 

Clause 20G Building heights

Clause No.

Requirement

Provided

Compliance

33(1) – Building Height

 

Max 12m

Max 11.76m (to top of roof slab).

Yes

33(3) – External Wall Height

Max 10m

Max 11.45m (to eaves).

No (SEPP 1 Objection submitted)

 

The following relevant clauses also apply to the proposal (and are addressed in detail in Section 11.1 below):

 

Clause 9 – Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”. With reference to the general aims, the proposed development will not compromise the aims of the LEP in relation to  aesthetic character, sustainability, environmental qualities and social amenity of the locality and contribute to the variety of housing types that does not compromise the amenity of the residential area, consistent with the zone objectives as detailed under Clause 12 below.

 

Clause 12 Zone No 2C (Residential C Zone)

The subject site is zoned Residential C under the Randwick Local Environmental Plan 1998 (RLEP). The proposed development for alterations and additions to a multi-unit housing building is permissible with Council’s consent under the zoning provisions applying to the land.

 

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

 

·      To provide for a medium density residential environment, and

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

·      To protect the amenity of existing residents, and

 

Clause 29           Foreshore scenic protection area

Clause 29 requires consideration to be given to the aesthetic appearance of proposed buildings so as to protect the visual qualities of the foreshore. The proposal will improve the appearance of the existing building to the benefit of visual amenity of the coast primarily by introducing new façade materials and finishes to replace the old and dated elements of the existing building and to reflect the coastal environment as indicated in the submitted materials schedule. The aesthetic and urban design qualities of the proposal are satisfactory in its foreshore setting.

 

Clause 40           Earthworks

Clause 40 of the Randwick LEP contains provisions for undertaking of excavation and filling of land. The proposal will require some minor excavation into the sub-floor of the existing building at the rear of the subject site to provide more room for undercroft car parking. The excavation works will be confined to a small section under the existing building without significantly altering existing levels already achieved on the site. Therefore the works will not result in any detrimental impact on the topography of the site; is unlikely to interrupt the drainage patterns of the site or result in soil instability; and will not adversely impact upon the scenic quality of the site and locality subject to appropriate drainage and building conditions should approval be granted. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

8.2    Randwick Local Environmental Plan 2012

The Randwick Local Environmental Plan 2012 is not a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended). Notwithstanding this, a comparison of the proposal has been made below against the relevant provisions of the RLEP 2012 with the emphasis that this is only for comparative purposes and that no weight is to be given to this comparison.

 

Description

Standard

Proposal

Compliance

Zoning:

R3 Medium Density Residential

Is development permitted under zoning?

 

Land use classified as “residential flat building”

Yes

Floor space ratio (maximum)

0.9:1

0.97:1 (based on RLEP 2012 definition)

No

Height of building (maximum)

12m

11.76m

Yes

Lot size (minimum)

Nil

N/A

N/A

Heritage

N/A

N/A

N/A

Foreshore Scenic Protection

Yes

Proposal has been designed in accordance with foreshore scenic / coastal qualities.

Yes

 

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

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

 

8.4      State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

The proposal is for alterations and additions to the existing mixed use development and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction. The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX have been included in the recommendation section of this report.

 

8.5      State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

 

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

 

1. Relationship to the Context of the Proposal 

Small-footprint two, three and four storey apartment blocks, with some remnant houses, characterize the locality of the proposed development. The area is very conveniently located to Maroubra Beach, the recreational spaces of the northern headland, and public transport. In the Panel’s opinion the proposed development would be suitable and in scale with its surroundings.

 

The existing ground floor is set well below the street, as the site falls away southward to the rear. The additional storey creates a better scale to the street, and could be an appropriate model for additions to other under-developed blocks in the street. This is well illustrated in the long street elevation submitted, and the wide-angle montage. Both demonstrate that the additional storey is an improvement, while the overall height remains lower that both Council’s overall and wall height control, and indeed the existing ridge height. If anything, the proposal would benefit from more height to the street, which would give more presence.

 

2. The Built Form of the Proposal

The site slopes slightly from the street frontage. The existing ground floor units are approximately 1 metre below street level.  The existing narrow driveway on the western boundary is maintained, accessing a slightly increased car park on the lower, rear garden level. There is also an existing undercroft on this level.

 

The ground and first floors adapt the existing footprint, adding an extension to the rear with enlarges the living rooms and new large balconies, which face south-west towards the beach. The existing entry stairs are retained, and extended to serve a new second floor which has 2 x 2 bedroom units, matched the altered footprint below.

 

The built form is generally satisfactory, however the Panel considers that the following issues can readily be improved:

§ The front and side setbacks are as existing. Minor additions to the street façade are considered acceptable, while the extensions to the rear are more set in from the side boundaries

§ The generous rear setback, even with the additions is considered a positive. This area is all deep soil, allowing appropriate planting

§ Weather protection and sun shading appropriate to orientation has been provided on the north face, however could be added to the north-west elevation

§ The ground floor north-eastern façade should have full height doors, with operable toplight windows to provide ventilation, light and security

§ The hoods over the openings on the street facade should be regularized, rather than the over-complicated arrangement shown in the drawings. The façade should be primarily in one plane – the small steps add nothing

§ The entry hood should be more generous, and could be set at first floor balustrade level to give it greater differentiation

§ Consideration should be given to rebuilding the first flight of the common stair as a straight run stair, which would avoid entering into the soffit / low landing as currently. The front door could be moved outward. This would also allow an internal stair to connect down to the undercroft, with much more convenient undercover access to the parking

§ Similarly the column structure and the screening on the south façade should be made more rational. Currently the applied columns to Level 2 slab seem poorly related to the form

§ All high level windows should be operable in part to aid air movement by stack effect

§ Built-in wardrobes should be indicated in all bedrooms

§ The depth shown for the roof form is not adequate. The flat roof still needs adequate falls and insulation. The water management (gutters and downpipes) should be shown on the drawings.  Are the downpipes internal or exposed?  How do the gutters on such a flat roof work?

§ Roof lights / skylights on the new top floor over the following areas should be considered; above top landing of the stairs outside and inside the front doors

§ The proposed privacy screens / obscure glass on the side of the balconies and kitchen windows prevent overlooking while allowing ventilation

§ The existing and new windows facing into neighbouring properties are proposed to be treated to avoid overlooking problems

§ The garbage area would be better relocated away from the street front to the undercroft. This would significantly improve the privacy and amenity of the ground floor unit

§ The top level south facing balcony should have some roof cover or an operable roof (Vergola or similar) opening to the north

§ The structure for the car park should be checked for impacts on head heights

 

Comment: The applicant’s consultant planner has provided advice in a letter dated 19 March 2013 that all the above-listed requirements have been satisfied in the amended proposal which has been assessed and verified.

 

3. Scale

See above.

The scale of the proposal is suitable in the location. 

 

4. The Proposed Density

The proposed density is reasonable in this location. The area is extremely well serviced for recreational open space and access to public transport, shops and amenities is good.

 

5. Resource and Energy Use and Water Efficient

All units would enjoy good cross ventilation; solar protection of windows is provided - however some windows may need more. Awning windows and fixed glass do not assist with cross ventilation well and alternatives should be investigated.

 

Ceiling fans should be provided in bedrooms and marked on the plans.

 

Comment: The amended proposal shows all windows as operable to achieve a higher standard of cross ventilation. As indicated in the letter to Council dated 19 March 2013, new vitra panel window surrounds are proposed on main windows, to provide additional solar control. The amended plans also indicate that ceiling fans will be provided to all bedrooms.

 

6. The Proposed Landscape

A general landscape layout is indicated on the architectural drawings, however the landscape design should look at the possibility of providing more useable spaces rather than dividing areas into smaller planter beds. The large trees proposed at front and rear gardens are supported.

Planting should be designed to enhance privacy between neighbours. A communal clothesline could be provided at the rear.

The proposed planter on the street façade is of dubious value, very difficult to maintain and only serves to complicate the façade design. The Panel suggests that it should be removed and the façade simplified as recommended below.

 

Comment: The amended proposal shows the proposed planter on the street façade deleted and the façade simplified as recommended. Notwithstanding this, a condition will be applied requiring the applicant to further refine the use of external blinds in the façade including alternatives that allow for more articulation and modulation in the external façade. A landscape plan has been lodged with the DA prepared by Greenplan which provides a suitable level of landscaping to soften and screen the proposed building while enhancing the visual amenity to neighbouring properties and the streetscape.

 

7. The Amenity of the Proposal for its Users

The planning of the units is good and in the opinion of the Panel they would offer appropriate amenity. 

The kitchens appear to be overly large – the island bench could stop short of the wall, and the fridge could be inset into the laundry.

The opportunity to improve access from the parking area and rear garden by providing a stair down to the basement level (under the existing stair) from the entry lobby could be investigated.  The door swung on the other side of the lobby and/or extending the lobby to towards the street would make this possible.

 

Comment: The amended proposal shows the kitchen island bench shortened to permit circulation around both ends; and provision of a new stair between ground and lower ground floor levels as recommended

 

8. The Safety and Security Characteristics of the Proposal

Independent BCA advice should be sought in relation to access, structural adequacy and separation, fire protection of openings, and the like. BCA upgrading notes should be provided on the drawings throughout (they are shown on the elevations).

Comment: Conditions will be applied requiring compliance with the BCA.

 

9. Social issues

This is a good use of this site.

 

10. The Aesthetics of the Proposal

The modernizing approach to the aesthetics is generally considered appropriate, however there are some issues that have been discussed under 2. Built Form.  The Panel considers that the treatment of the facades in what is after all quite a small building could usefully be simplified, rather than the confusion of small scale moves. This is particularly apparent on the large scale sections provided (in themselves a good thing) of the street façade – the multiple steps in plan and section (in particular) are unnecessary, as is the rather inaccessible planter on the street facade at level 2.

 

Comment: As indicated above, the changes required by the DRP have been incorporated in the amended proposal. Notwithstanding this, a condition will be applied requiring the applicant to further refine the use of external blinds in the façade including alternatives that allow for more articulation and modulation in the external façade. This will assist in further improving the aesthetic of the building and  reducing the perception of visual bulk and scale in the building.

 

SUMMARY AND RECOMMENDATIONS

The proposal is appropriate and has the potential to be a good development. If the issues raised in this report are addressed to the Council planner's satisfaction, the Panel will not need to review this application again.

 

In view of the amendments to the proposal as discussed above, the proposal is considered satisfactory in relation to design and meets the design principles of SEPP 65.

 

8.6      State Environmental Planning Policy (Affordable Rental Housing) 2009

The existing residential flat building, currently, is not strata sub-divided and contains rental apartments. Clause 50 1) of the SEPP states that a person must not, among other things, alter or add to the structure or fabric of the inside or outside of a building except with development consent that has been determined with reference to, among other things, whether, there is likely to be a reduction in affordable housing on the subject land.

 

Clause 49(1) states that a building is a low-rental residential building if it contains a low-rental dwelling as at 28 September 2000. The applicant has provided the following information to indicate that there are no low-rental dwellings in the existing building:

 

·      A statutory declaration from the previous managing agent for the subject property stating that rental dwelling units were rented for amounts in excess of $310.00 per week during the period September 1998 to September 2000, which were above the median rent levels for 2 bedroom units in the Randwick LGA during the two years prior to 28 September 2000.

 

·      Rental details from July 2009, following the purchase of the existing premises by the current owners of the subject site, indicating that current rent levels for rental units within the premises continue to exceed the median rents for 2 bedroom units in the Randwick LGA for the corresponding periods. 

 

Accordingly, in this instance, it is considered that the applicant has indicated that there are no low-rental dwellings in the building which will be affected by the proposed alterations and additions. Given the definition of the building as outlined in Part 3 of the SEPP, the alteration and addition is not required to be assessed against Clause 50.

 

9.      Policy Controls

9.1    Randwick Development Control Plan – Multi Unit Housing

The table below assesses the proposal against the Preferred Solutions of the DCP – Multi-unit housing, and where variations occur, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance requirements

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis plan provided

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

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

The proposal does not seek to significantly alter the existing footprint and siting of the approved building but only to extend the building southwards while adding a new upper level. The amended proposal will be sited satisfactorily in relation to the subject site and is considered to appropriately address the street frontage.

P3 Development on corner sites responds to both street frontages.

 

Not applicable

Height

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

 

The proposal complies with the maximum 12m building height standard under the RLEP 1998. The application is accompanied by a SEPP 1 Objection to the maximum 10m external wall height standard which has been assessed and found to be reasonable and well-founded. In this assessment, amongst other things, the location and orientation of the proposed building will not cause substantial adverse impacts on streetscape or adjoining properties.

P2 Variations in massing and height create visual interest, distribute the bulk of the building.

g and minimise amenity impacts on the streetscape and adjoining properties.

 

The amended proposal has distributed the additional floor area in moderately restrained extensions to the rear and a compact additional new upper floor which will be lower in height than the pitch roof of the existing building.

Therefore the proposal will minimise overall amenity impacts on adjoining properties, and provide consistency in scale to the streetscape, as well as provide adequate visual interest in terms of articulation and façade treatment.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Front setback of min. 6.2m remains unchanged and, therefore, retains consistency with those of adjoining properties on either side.

P2  Side boundary setbacks

Side setbacks to ensure:

·   Solar access maintained and overshadowing minimised.

·   Privacy between adjoining dwellings and open spaces.

·   Landscaping and private open space provided.

·   Streetscape amenity is maintained.

S2  Zone 2c

o     No part closer than 3.5 metres.

o     Minimum average setback 5 metres.

o     Maximum length of wall without articulation is 10 metres.

o     Minimum length of any step is 3 metres.

East & West

o     No – the proposal has a  min 2.1m setback to the western boundary min 1.3m setback to eastern  boundary.

o     Yes – no wall without articulation exceeds 10m length.

o     Yes – approx 1m (min) step

 

The proposal is for alterations and additions to the existing building which currently has setbacks that are less than the preferred solution control. The retention of the existing setbacks is integral to the proposed alterations and additions if the building is not to be demolished and rebuilt. Notwithstanding this, the proposal achieves the performance requirements of the control in that :

 

·      The proposed side setbacks are consistent with the character of the streetscape which is generally characterised by 3 to 4 storey residential flat developments, a number of which are on narrow  lots with similar close setbacks so that streetscape amenity is maintained.

 

·      solar access and privacy are adequately maintained between adjoining dwellings and to adjoining open spaces

 

 

(through the orientation of window openings north and south) and the use of privacy screens on side elevations.

·      Landscaping and private open space is adequately provided in the proposed development.

 

P3  Rear Boundary Setbacks

·      solar access and overshadowing are minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

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

·      Building built across site.

S3  Zone 2c

 

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

South

 

·      Yes - the proposal will be setback min 8.6m and max 12.3m from southern rear boundary

·      Yes – no wall without articulation exceeds 10m length.

P4  General

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

 

S4 No device may encroach more than 25% of the Preferred Solution.

No adverse impacts on adjoining properties arising from eaves, window hoods and other sun-shading or weather protection

Density

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

 

The bulk and scale of the proposed building when viewed from adjoining public spaces, streetscape and private properties is visually compatible with existing 3-4 storey RFBs along Bond Street, Beaumond Avenue and nearby Marine Parade and surrounding properties.

 

Fences

P1  Fences to be/have:

·    consistent with streetscape;

·    entrances highlighted; and

·    planting used to soften and provide privacy.

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

 

Yes - the proposed front fence has a 900mm masonry base with the remaining upper part comprising open metal screening elements to maximum 1.8m. It will not detract from the appearance of either the proposed development or streetscape overall. The proposal maintains an open appearance which will be sympathetic to the surrounding foreshore area as well as to the visual amenity of surrounding properties.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum dimension for landscaped area 2 metres.

Yes - landscaped areas will be sufficiently sized in excess of 2m.

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

 

Yes –  generous rear communal open space is provided.

P3  Private Open Space

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

 

 

Yes – for ground floor units private open space in the form of front courtyards and rear south-facing balconies for all dwelling units will be provided, all of which will provide privacy and will be readily accessible for opportunities for outdoor recreation / living. 

P4 Private open space in front of the building only where setback and fence design sympathetic.

 

 

N.A. – private open space in front of the building will be complemented by a suitably designed fence (see Fences above).

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

 

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

N/A

P6  Flats and apartments

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

 

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

Ground floor apartments will have ground level open space while apartments above will be provided with balconies.

Privacy

P1  Visual Privacy

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

S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

Yes (see Section 9.1.1 below)

 

P2 Private open space design and location ensure privacy.

 

Yes

P3  Acoustic Privacy

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

 

Yes as required by BCA

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Australia (BCA).

 

Required to comply with BCA

View Sharing

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

 

Yes (see Section 9.1.2 below)

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

 

As above

P3 Buildings are aligned to maximise view corridors between buildings.

 

The proposal retrains the existing eastern and western building alignments so that the view of Maroubra Beach and Malabar Headland  through the existing view corridors between adjoining buildings is maintained.  

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties.

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

 

 

Yes (see Section 9.1.3  below)

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

 

 

N/A

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

 

 

Yes (see Section 9.1.3 below)

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

 

Yes (see Section 9.1.3 below)

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·      Living areas are orientated to the north.

·      Larger windows are located on the north.

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

 

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

Proposal achieves compliance with BASIX targets.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

N/A – solar collectors not proposed

Safety and Security

P1 Design allows surveillance.

 

Yes

P2 Approaches and entries are visible.

 

Yes

P3 High walls and structures avoided.

 

Yes

P4 Resident car parking has security grilles or doors.

 

 

N.A. - parking will be available in an open area on the lower ground floor.

 

P5 Visitor parking spaces clearly identifiable.

 

 

No visitor car parking provided in the existing development and none provided in the proposed development given the existing parking credit.

P6 Adequate lighting for personal safety and security provided.

 

Yes by condition

P7 Adequate lighting is provided in common areas.

 

Yes by condition

P8 External lighting does create a nuisance.

 

Yes by condition

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

See Section 9.3 below.

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

 

N.A.

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

 

N.A.

P3 Secure storage for bicycles is provided.

 

Bicycle rack provided in lower ground floor.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

See development engineer’s comment in Section 6 above.

P2 Vehicles enter/ leave in a forward direction.

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

Yes

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

S3 Long driveways provide passing bays.

Yes, the proposal will not have a long gun-barrel driveway.

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

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

See Development Engineers comments in Section 6 above.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

 

Yes

P6 Driveway gradients safe.

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

Yes

Storage

P1 Accessible and separate storage for each dwelling.

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

Yes – Accessible and separate storage available internally within units.

Barrier-free access

 

 

Access for people with a disability is provided to and within one dwelling at the following rate:

0-14 dwellings     0

15-29 dwellings   1

30-44 dwellings   2

45-60 dwellings   3

and so on.

 

 

N/A as only 6 dwellings are proposed.

Utilities/Site Facilities: subject to  appropriate conditions of consent

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Yes by condition

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

 

Yes – centralised garbage storage area provided at lower ground floor level.

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

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

Waste facility provided in lower ground floor level therefore not visible from street.   

 

9.1.1   Privacy

The proposal performs adequately in relation to maintaining the privacy of adjoining properties in that:

 

·      South-facing rear balconies will be located at a distance well in excess of minimum 10m preferred solution to the closest adjoining residential flat building at 130A Marine Parade as well as other adjoining RFBs in Marine Parade which is adequate to mitigate any potential loss of privacy to these flats.

 

·      Proposed 1.8m high privacy screen on the eastern and western edge of all rear balconies will screen overlooking into the rear yard of the adjoining eastern property at No 49 Bond Street and into the east-facing windows of the adjoining western property at No 45 Bond Street.

 

·      All north-facing window openings are linked to bedrooms, which are not considered to be conducive to, nor significant sources of, overlooking. These windows also face Bond Street and are located in excess of 20m from the property on the opposite side of Bond Street being No. 34-36 Bond Street.

 

·      Minimal new window openings are proposed on the east and west elevations of the existing building so that the privacy impacts to the adjoining side properties will remain the same as the current situation.

 

·      The east and west facing openings of the new upper floor addition will be subject to a condition requiring the following conditions to limit overlooking of adjoining properties:

 

·      The east and west facing windows directly adjacent to the living rooms of the respective dwelling units in the new upper floor addition will be required to be high sill windows by way of condition should approval be granted.

 

Overall, the proposal will be acceptable in terms of privacy for the reasons discussed above.

 

9.1.2          View impacts

Section 4.3.1 of the DCP – Multi Unit Housing provides the following objective with regard to view sharing:

 

1.                                                                “Minimise the obstruction of views by new development from adjoining buildings and public spaces.”

 

The performance requirements in relation to view sharing are:

 

P1      The existing design and location of buildings takes existing topography, vegetation and surrounding development into account as a basis for assessing effect on view;

P2      Development minimises effects on views and demonstrates steps that have been taken to mitigate view loss, in particular view loss of significant features such as the ocean, coastline, nearby open space areas and significant landmarks or buildings; and

P3      Buildings and dwellings are aligned to maximise view corridors between buildings.

 

Concerns in relation to view impacts have been raised by residents at No. 34-36 Bond Street, on the opposite side of Bond Street, which comprises a 3 storey residential flat building containing elevated dwelling units. It is the mid-level and upper level units with front balconies facing south that currently enjoy distant and partially filtered views of Maroubra Beach and district views of Malabar Headland in the background to the south and 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.

 

A site inspection was undertaken of the property at No. 34-36, namely at Unit 5 (being a unit directly facing the subject site at mid-level and representative of the view loss of south-facing units at this level) and Unit 9 (being a unit directly facing the subject site at top level and representative of the view loss of south-facing units at this level). It is considered that the units at middle and top level of No. 34-36 Bond Street are potentially affected by view loss. These units have balconies and living room windows setback about 4.5m from the common boundary of the subject site. The ground floor units have limited views due to their lower elevation relative to intervening development in the locality and therefore are not included in the assessment. The objector's consultant planning submission also focuses on the potential view impacts on the middle and top level units.

 

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 (mid-level/1st Floor)

The views are generally distant, partial and filtered views of Maroubra Beach to the south interrupted by intervening development in the foreground. There are distant partial views of Malabar Headland in the background. Having regard to Senior Commissioner Roseth’s comments regarding “iconic views”, this view does not qualify as iconic but can be rated as moderately significant because of the land and sea interface comprising Maroubra Beach as well as Malabar Headland. The portion of views that will be affected is secondary to the larger beach, sea and headland view that will be retained and remain unaffected by the proposed development (see Photo A below).

 

Unit 9 (top-level/2nd Floor)

The views are generally distant and partially filtered views of Maroubra Beach to the south interrupted by intervening development in the foreground. There are distant partial views of Malabar Headland in the background. Having regard to Senior Commissioner Roseth’s comments regarding “iconic views”, this view does not qualify as iconic but can be rated as moderately significant because of the land and sea interface comprising Maroubra Beach as well as Malabar Headland. The portion of views that will be affected is secondary to the larger beach, sea and headland view that will be retained and remain unaffected by the proposed development (see Photo B below).

 

 

 

Photo A – View from the front balcony of unit 5 (mid-level/1st Floor) at No. 34-36 Bond Street looking south over the subject site

 

Photo B  – View from the front balcony of unit 9 (top floor 2nd Floor) at No. 34-36 Bond Street 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 (mid-level/1st Floor)

The view is across the front boundary of the site. The views are from a standing position from the balcony linked to a living room. The views are enjoyed by the affected property largely because of the existing high level of the dwelling units on an elevated site relative to other developments on the lower southern side of Bond Street. The view from the living room both seated and standing is constrained by its orientation and depth within the unit as well as the layout of the kitchen.

 

Unit 9 (top-level/2nd Floor)

The view is across the front boundary of the site. The views are from a standing position from the balcony linked to a living room. The views are enjoyed by the affected property largely because of the existing high level of the dwelling units on an elevated site relative to other developments on the lower southern side of Bond Street. The view from the living room both seated and standing is constrained by its orientation and deep recessed location within the unit as well as the layout of the kitchen and the use of solid balustrades in some areas.

 

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.

 

The applicant has digitised the envelope of the proposed building into the view from Units 5 and 9 of No 34-36 Bond Street, as shown in Photos C and D below.

Unit 5 (mid-level/1st Floor)

Photo C indicates that the only view loss that to Unit 5 will occur where the proposed additional top floor level extends and fills the space where the existing roof currently pitches down as shown in Photo D. Qualitatively, this view loss is considered moderate given that the wider views of the water, beach and horizon behind are retained. It should be noted that a significant amount of existing water view is already obstructed by the existing building on the subject site and other existing buildings to the east and west of the subject site. Additionally, an equally significant view of the Pacific Ocean to the east is obtained from the same balcony which will not be affected by the proposed development at all. As such, and having regard to the considerations in Steps 1, 2 and 4, the view loss is considered minor.

 

Photo C: View loss to Unit 5.

 

Unit 9 (top-level/2nd Floor)

The proposed first floor addition will have a maximum roof height of RL 24.73 which is 0.17m lower than the highest point of the existing dwelling house on the subject site (RL 24.90). The balcony at unit 9 is at RL 25.74 which is 1.01m above the height of the proposed roof line. However, the standing eye level (1.6m) is RL 27.34m which is above the proposed maximum roof RL. Therefore, there will be minimal view impact in terms of the absolute height of the building. The only view loss occurs where the proposed additional top floor level extends and fills the space where the existing roof currently pitches down as shown in Photo D. Qualitatively, this view loss is considered moderate given that the wider views of the water, beach and horizon behind are retained (see Step 4 below). It should be noted that a significant amount of existing water view is already obstructed by the existing building on-the subject site and other existing buildings to the east and west of the subject site. Additionally, an equally significant view of the Pacific Ocean to the east is obtained from the same balcony which will not be affected by the proposed development at all. As such, and having regard to the considerations in Steps 1, 2 and 4, the view loss is considered minor.

 

Photo D: View loss to Unit 9

 

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 skillful 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.

 

In terms of built form, the proposal does not comply with the maximum FSR and external wall height standards of the Randwick LEP 2008. The question therefore arises as to whether there are any view loss impacts arising from the non-compliance and whether the impacts are reasonable.

 

The applicant has digitised the envelope of the proposed building into the view from Units 5 and 9 of No 34-36 Bond Street, as shown in Photos C and D above. While the proposal has a non-complying FSR, the proposal complies with the maximum building height of 12m. Accordingly, notwithstanding the non-compliant FSR, no view loss will occur physically as a result of an increased building height above the maximum allowable with the proposal, in fact, being lower. However, while there is a non-compliance in external wall height, this is restricted to the rear section of the proposed building (where the subject site slopes down significantly) with the new additional level compliant with the wall height standard at the street front. The non-compliant section of the upper floor addition will occur on the south elevation of the proposed building which faces the ocean and is hidden and obscured by the compliant front section of the proposed building itself. As such, when viewed from Unit 5 and similar dwelling units that front and face the subject site directly on both the middle and top level of No.34-36 Bond Street, the part of the building that causes the view loss impact will be wholly compliant with the maximum 12m building and maximum 10m wall height. As indicated in Step 3 above, this view loss comprises a small view of Maroubra Beach on either side of the existing pitch roof which will be occupied by the new upper floor (Photo C). The minor and small area of view loss generated by a compliant front section is considered reasonable especially given the extensive beach, land and sea interface views, as well as distant district views that will still be retained and untouched by the proposed development (see Photo E). In this context, the objectors’ claim of view loss is considered unwarranted and unjustified, and not supported.

Photo E: Ocean views that will be remain unobstructed by the proposal for middle level units at No 34-36 Bond Street.

 

When the proposal is viewed slightly “side-on” from unit 9 and similar dwelling units located obliquely to the east of the subject site on the middle and top level of No.34-36 Bond Street, the rear section of the proposed building that will be non-compliant with the 10m wall height will be visible. However, the view loss caused by this limited non-compliant rear section is negligible and only comprises a small view of Maroubra Beach (Figure D) such that the loss is considered moderate especially relative to the significant extensive beach, land and sea interface views, as well as distant district views, that will still be retained and untouched by the proposed development (see Photo F). In this context, the objectors’ claim of view loss is considered unwarranted and unjustified, and not supported.

Photo F: Ocean views that will be remain unobstructed by the proposal for upper level units at No 34-36 Bond Street.

In summary, based on the above analysis, it is anticipated that the proposed development will not result in any significant and unreasonable impact on the views obtained from the middle and top floors of No 34-36 Bond Street. The proposed development, in relation to the height of surrounding buildings is reasonable and is significantly lower than that of other development in Bond Street. The proposal responds to the topography of the street and adopts a modest scale for the upper floor addition, effectively minimising the impact to views obtained from surrounding properties. The development will not constitute a dominant built form and surrounding areas will continue to enjoy distant views to Maroubra Beach and Malabar Headland. These views in question are not considered to be iconic in nature having regard to the planning principle.

 

9.1.3          Sunlight

Shadow diagrams submitted with application indicate that, at 9am, the proposal’s upper level addition will overshadow the following properties:

 

§ The western section of the north-facing wall of the adjoining southern property containing north-facing habitable room windows at No 130A Marine Parade will be covered by the additional shadow generated by the proposed upper level addition.

 

§ The eastern section of the north-facing wall of the adjoining southern property containing north-facing habitable room windows at No 132 Marine Parade will be covered by the additional shadow generated by the proposed upper level addition.

 

By 12 noon the above adjoining properties will be free from overshadowing by the proposal with the proposed shadows shifting to the western section of the north-facing wall of the adjoining south-eastern property at No 130B Marine Parade as well as a small section of the rear yard of this property. Also at 12 noon, the proposal will cast a shadow on the west-facing wall of the adjoining eastern property at No. 49 Bond Street. However, this shadow will overlap the shadow of that the existing residential flat building already casts on this adjoining property.  

 

By 3:00pm, No. 130B Marine Parade will be free from overshadowing by the proposed development with the proposal’s shadow now shifting to limited portions of the rear yard of No. 49 Bond Street and front yard of No. 128 Marine Parade. The proposal will also continue to overshadow the west-facing wall of the adjoining eastern property at No. 49 Bond Street. However, as is the case at 12 noon, this shadow largely overlaps the shadow that the existing residential flat building already casts on this adjoining property.

 

In summary, the proposal will not result in any adverse overshadowing impacts on adjoining properties as the overshadowing impact is distributed fairly amongst different properties over the course of the winter day with the exception of the adjoining eastern property at No. 49 Bond Street which will be overshadowed from 12 noon to 3:00pm. However, this overshadowing impact on No. 49 Bond Street is considered reasonable and acceptable for the following reasons:

 

§ It coincides with the shadow already casted by the existing residential flat building on this adjoining property

 

§ No 49 Bond Street is currently located in a significantly low/sunken position relative to  No. 49 Bond Street so that even the impact of the existing residential flat building is already quite significant which as indicated above will be largely overlapped by the proposed shadows with no significant increase.

 

§ The proposed overshadowing impact should not be seen as a reason for refusing this proposal as the impact is a direct and natural consequence of the orientation and topography of the site rather than an indication of an inappropriate design.

 

§ There is a reasonable scope for No 49 Bond Street Bond Street to be redeveloped to an increased density and height in the future under the current provisions of the Randwick LEP 2012 given the R3 zoning that would counteract the existing overshadowing impacts of both the existing RFB and proposed development. 

 

§ It is expected that a building with a fully compliant wall height on the subject site would have a similar overshadowing impact as the proposed development, that is, it would overshadow the adjoining southern properties to less the than the minimum 3 hours winter solar access requirement.

 

9.2    Development Control Plan – Parking

The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. The car parking requirement as per Council’s DCP – Parking will now be as follows:

 

Compliance with DCP – Parking

Use

Requirement (DCP – parking)

Proposed number and/or floor area

Required provision

Proposed provision

 

1 space per one bedroom dwelling

Nil

Nil

 

 

 6 car spaces

 

1.2 spaces per two bedroom dwelling

6 x six bedroom dwellings

 7.2 spaces

 

1.5 spaces per two bedroom dwelling

Nil

Nil

 

Visitor:

1 space per 4 units

Total dwellings = 6

 2 space

TOTAL

 

 

9 spaces

3 spaces shortfall

 

The proposal has a shortfall of 3 car parking spaces, and the applicant has provided a Traffic and Parking Report in support of the shortfall in car parking which has been assessed and the shortfall is considered reasonable and acceptable having regard to the following:

 

·      The shortfall is considered minor, amounting to 3 car spaces, and given that the proposal is for alterations and additions to an existing building where there is currently no car parking provided, this deficiency can be treated as “parking credits”.

·      The shortfall relating to visitor parking amounting to 2 car space is minor and can be addressed by the fact that the site is located adjacent to good public transport with regular and frequent bus routes along Marine Parade.

·      There is no scope to provide additional parking on the site without a complete knockdown and rebuild of the existing building to provide for a basement car park.

9.3    Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$ 1,027,650

1%

$10,276.50

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

Not applicable.

 

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

Refer to the “Policy Control” 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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition should this application be considered suitable for approval.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. Accordingly, a specific condition is recommended for imposition to require compliance with Australian Standard 2601.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Accordingly, appropriate conditions are recommended to address the above matters.

 

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 proposal will have minimal environmental impacts on the natural and built environment as the subject site and its surrounds are built up and do not contain any natural habitat for flora or fauna.

 

The proposal does not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

The proposed development is consistent with the predominant residential land uses 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 subject site is zoned Residential 2C under the Randwick  LEP 2008. The subject site is therefore suitable for the proposed medium density residential development whilst retaining the existing and desired future character of the locality. The site is well located in relation to the Coogee, Bondi Junction, Randwick and the CBD with public bus services available in the immediate locality. The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

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

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

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

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.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR, maximum external wall height and minimum landscaped area standards contained in the RLEP 1998 (Consolidation). SEPP No.1 objections in relation to these variations have been submitted with the application and considered to be well founded in the circumstances. The breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. Additionally, the resultant height, bulk and scale of the proposed development will match the form, proportion and style of the existing building and remain consistent with the existing scale and character of development in the immediate streetscape along Bond Street.

 

The proposal achieves the relevant preferred solutions and performance requirements in the DCP - Multi-unit Housing (with the exception of FSR, wall height and landscape area standards which have been addressed in the SEPP 1 objection).

 

The shortfall in the numerical car parking requirement of the DCP – Parking has been adequately justified in relevant sections of this report. 

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory and the amended proposal containing these features is supported by the SEPP 65 Design Review Panel has advised that the basic design concept of the proposal is supported subject to recommended amendments. These amendments have been undertaken in the amended proposal.  Accordingly, the design carries satisfactory architectural merits and will be sympathetic to the established character of the existing streetscape as well as to the foreshore scenic protection area.

 

The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and views.

 

The recommendation is for approval of the application subject to conditions.

 

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20E, 20F and Clause 20G of the Randwick Local Environmental Plan 1998 (Consolidation), relating to minimum landscape area, maximum floor space ratio and maximum external wall height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 504/2012 for alterations to the existing multi-unit residential building including additional floor resulting in 6 units over 3 levels with semi-basement and ground level carparking for 6 vehicles at No. 47 Bond 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 Number / Title

Dated

Received

Prepared By

01A (Rev B)

19-03-13

19-03-2013

 

 

Arkivis

03A (Rev B)

19-03-13

19-03-2013

05A (Rev B)

19-03-13

19-03-2013

06A (Rev B)

19-03-13

19-03-2013

07A (Rev B)

19-03-13

19-03-2013

08A (Rev B)

19-03-13

19-03-2013

09A (Rev B)

19-03-13

19-03-2013

011A (Rev B)

19-03-13

19-03-2013

012A (Rev B)

19-03-13

19-03-2013

 

013A (Rev B)

19-03-13

19-03-2013

 

 

BASIX Certificate No.

Dated

Received

384782M

4 July 2011

7 August 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details which are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works:

 

(a) The sill height of the east and west facing windows directly adjacent to the living rooms of the respective dwelling units in the new upper floor addition shall be increased to be a minimum height of 1.5m above floor level, or alternatively, the window/s are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

(b) Alternative screening measures and design for the proposed external blinds shall be provided to improve the aesthetics, and allow for additional articulation and modulation in the external front façade of the building.

 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

 

4.       The colours, materials and finishes of the external surfaces to the proposed development are to be compatible with adjacent developments to maintain the integrity and amenity of the building; the streetscape and the foreshore.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

5.       .The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

         Design Verification

6.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

Section 94A Contribution

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,027,650 the following applicable monetary levy must be paid to Council: $10,276.50.

       

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

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.

 

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.

 

Smoke Alarms

10.     Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions. Smoke alarms must comply with AS3786 – Smoke alarms and 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.

 

Security Deposit

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

 

·           $5000.00    -      Damage / Civil Works Security Deposit

 

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

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

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

 

Design Alignment levels

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

 

·              Driveway Entrance – RL 16.22

·              Pedestrian Entrance – RL 16.45

 

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

 

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

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

 

Driveway Design

14.     Plans submitted for the Construction certificate shall show the reconstruction of the existing internal side driveway

 

15.     The gradient of the reconstructed 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 documentation.

 

Car Spaces

16.     Car space No 2 is to be deleted from the submitted plans as it blocks pedestrian access to the new walkway.

 

17.     Each unit is to be allocated at least 1 car space each.

 

Stormwater Drainage

18.     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.

 

19.     Only stormwater runoff from the site (no seepage water) shall be discharged either:

 

a)       Through a private drainage easement(s) to Council’s kerb and gutter (or underground drainage system); OR

 

b)       To a suitably sized pump out system.

 

20.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump 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 shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

21.     All pump out water must pass through a stilling pit, located adjacent/near Council’s kerb prior to being discharged to the kerb and gutter.

 

Sydney Water

22.     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.

 

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.

 

23.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority. 

 

BASIX Requirements

24.     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’, 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

 

25.     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.

 

26.     All new building 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.

 

27.     Prior to the commencement of any building or fire safety 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.

 

A copy of the construction certificate, the approved plans and development 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

 

28.     Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:

 

i)      appoint a Principal Certifying Authority for the building work, and

 

ii)     appoint a principal contractor for the building 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 building 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.

 

29.     The building 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 building 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.

 

30.     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,

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

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

 

31.     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.

 

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

 

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

 

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

 

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

 

          Public Utilities

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Construction site management

35.     Demolition work and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following requirements (as applicable):

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           WorkCover NSW Codes of Practice and Guidelines

·           The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

 

36.     In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

a)     Compliance with Randwick City Council’s 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.

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

c)     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.

 

d)     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 1996.

 

e)     Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

f)      On demolition sites involving the removal of asbestos, a  professionally manufactured 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. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

g)     A certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

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

 

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

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

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

 

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

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

40.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

a)     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.

 

b)     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.

 

c)     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.

 

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

 

e)     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

f)      Public access to demolition/building works, materials and equipment on the site is to be restricted and a temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  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.

 

g)     Temporary fences or hoardings or the like 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.

 

h)     The public safety provisions and temporary fences or hoardings must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

i)      If it is proposed to locate any hoardings, site fencing 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.

 

j)      Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

k)     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.

 

l)      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 upon any part of the 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.

 

41.     Demolition work and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following requirements (as applicable):

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           WorkCover NSW Codes of Practice and Guidelines

·           The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

 

42.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

a)     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.

 

b)     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.

 

c)     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.

 

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

 

e)     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

f)     Public access to demolition/building works, materials and equipment on the site is to be restricted and a temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  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.

 

g)     Temporary fences or hoardings or the like 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.

 

h)     The public safety provisions and temporary fences or hoardings must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

i)      If it is proposed to locate any hoardings, site fencing 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.

 

j)     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

k)     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.

 

l)      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 upon any part of the 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.

 

 

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.

 

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 requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

45.     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 and must also be provided to Council with the occupation certificate.

 

46.     A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

 

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

47.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to issuing a construction certificate which certifies that the structural adequacy of the existing building to support an additional storey.

 

48.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to issuing an occupation certificate or strata subdivision certificate, which certifies that the structural adequacy of the building, including balustrades to external balconies and the trafficable roof.

 

BASIX Requirements

49.     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.

 

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” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

·                 Installing a fixed heavy-duty gauge metal screen over the opening   (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.

 

Street Numbering

52.     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.

 

            Fire safety

53.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate or strata subdivision certificate:

 

a)     The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

1)     Provide a -/60/30 fire door set, with a self-closing device, to the front entry of each sole-occupancy unit in accordance with clause C3.11 of the Building Code of Australia (BCA).

2)     Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

3)     Provide emergency lighting system to the common stairway and corridor/s, in accordance with clause E4.2 & E4.4 of the BCA,

4)     Provide portable fire extinguisher within the building adjacent to the electrical switchboard, in accordance with clause E1.6 of the BCA,

5)     Provide a non-combustible enclosure (ie a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in corridors, exits and within stairways etc,

6)     Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

7)     The main entry/exit door is to be provided with a ‘hold-open’ device, or swing in the direction of egress, to facilitate people seeking egress from  the building in the event of an emergency,

8)     Prior to commencing  the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

b)     All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

c)     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

54.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Include additional conditions, as applicable to address the individual design features of buildings, including:

§ Buildings 3 or more storeys

§ Buildings having more than 2 SOU’s on the upper floor

§ Timber floors

§ Timber stairways

§ Sound transmission

§ Structural adequacy concerns

§ Glazing concerns

§ Weatherproofing

 

Refer to the standard conditions for fire safety upgrading works (contained in standard local approval conditions BDR-L1 - Local Approval Conditions - May 2006) for further details.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

a.       Construct a concrete vehicular crossing opposite the vehicular entrance to the site.

 

b.       Construct a concrete footpath, adjacent to Council’s kerb, along the full site frontage.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

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

 

Waste Management

60.     The owner or applicant is required to contact Council’s City Services Department, to make the necessary arrangements for the provision of waste services to the additional premises.

 

Car Spaces

61.     Prior to the issuing of an occupation certificate the applicant is to have the driveway entrance signposted with “Driveway Access for Small Cars Only”. The sign is to be maintained at all times.

 

62.     Prior to the issuing of an occupation certificate the car spaces, motorcycle and bike parking areas are to be suitably linemarked, numbered and signposted.

 

OPERATIONAL CONDITIONS

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

 

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

 

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.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

In this regard, the operation of the 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 Department of Environment & Conservation Noise Control Guidelines.

 

Air Conditioning & Equipment

65.     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 Tank Requirements

66.     The installation of rainwater tanks shall comply with the following noise control requirements:

 

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

 

In this regard, the operation of the 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 Department of Environment & Conservation Noise Control Guidelines.

 

b)     Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)     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.

 

Waste Management

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

 

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.

 

·              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.

 

·              This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

·              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.

 

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.

 

·              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.

 

·              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.

 

·              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.

 

·              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.

 

·              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

 

 


Ordinary Council                                                                                                  27 August 2013

 

 

Director City Planning Report No. CP62/13

 

 

Subject:                  18 Frenchmans Road, Randwick (DA/178/2013)

Folder No:                   DA/178/2013

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Ground floor alterations and additions to the existing dwelling including a deck at the rear, the construction of a first floor secondary dwelling above the existing garage and alterations to the existing front fence

Ward:                      North Ward

Applicant:                S Zefferino

Owner:                         S Zefferino

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject Development Application is referred to Council at the request of Councillors Neilson, Shurey and Matson.

 

The proposed development involves ground floor alterations and additions to the existing dwelling including re-configuring the internal layout to create an open plan living dining and kitchen area as well as a new elevated rear deck. Other alterations associated with the main dwelling include increasing the height of the existing front fence to 1.8m, designed with piers and 30% open designed infill panels & relocating three western elevation windows. The proposal also seeks to construct a new secondary dwelling with dormer windows above two existing rear garages.

 

The proposal was placed on public notification for 14 days. Eight (8) submissions had been received at the conclusion of the notification period. The key issues are potential heritage impact, visual bulk, non compliance with setbacks and overshadowing.

 

During the course of the assessment, several amendments were made to the proposed secondary dwelling above the existing garage. These included reducing the proposed floor area and roof form; as well as an increase in the rear laneway setback at first floor level. These changes are shown on amended plans received by Council on 31st May 2013. Re-notification of the amended plans was not required as the scope of the proposal was reduced.

 

The proposal as a whole, has been assessed against the relevant planning framework, which includes the Randwick Local Environmental Plan 2012, relevant Council policies and matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (EP&A Act).

 

The proposal, as amended and conditioned, is consistent with the objectives of the Randwick Local Environmental Plan 2012, the relevant requirements of the Randwick Comprehensive Development Control Plan and matters for consideration under the Section 79C of the EP&A Act.

 

The application is therefore recommended for approval subject to conditions.

 

2.    The Proposal

 

The following works are proposed:

 

§   Ground floor alterations and additions to the existing dwelling including an internal re-configuration to create an open plan kitchen/living/dining room to the rear of the dwelling and to delete a bedroom;

§   The relocation of three windows on the western elevation of the dwelling and a new deck at the rear of the dwelling;

§   The construction of a first floor secondary dwelling above the existing garages at the rear of the site; and

§   Alterations to the existing front fence to increase its height to 1.8m, including the construciton of piers above the existing masonry fence with infill panels which are 30% open.

 

3.    Development Application History:

 

§   BA/1619/1979 was approved for a garage; and

§   BA/1085/1968 was approved for a garage.

 

4.    The Subject Site and Surrounding Area

 

The subject site is irregular in shape with a primary frontage to Frenchmans Road and a secondary frontage to Chapel Street. The frontages measure 16.42m and 12.19m respectively and the total site area measures 538sqm. The adjoining site to the west is a single storey dwelling identified as No. 16 Frenchmans Road. The adjoining site to the east is occupied by two storey townhouses known as No. 20 Frenchmans Road. The surrounding area is in a state of transition in so far as the sites are zoned R3 for medium density residential purposes allowing for townhouses, villas and residential flat buildings.

 

Figure 1:  The existing dwelling and fence on the site as viewed from Frenchmans Road.

 

Figure 2:  The existing garages at the rear of the site. A secondary dwelling is proposed to be constructed above the existing garages.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. Eight (8) submissions were received as a result of the notification process; from the following addresses (see below).

 

Amended plans were submitted to Council on 31 May 2013, showing a substantial reduction in the visual bulk and scale of the proposed secondary dwelling above the garages. Given the plans show a reduction in the scale of the works and that the reduced works will not impose any significant impacts on neighbouring dwellings with regard to overshadowing, visual bulk or privacy, the amended plans were not required to be re-notified to neighbouring dwellings.

 

1.       1 Chapel Street, Randwick

2.       2 Chapel Street, Randwick

3.       3 Chapel Street, Randwick

4.       4 Chapel Street, Randwick

5.       4 Chapel Street, Randwick (2 x submissions)

6.       12 Frenchmans Road, Randwick

7.       16 Frenchmans Road, Randwick

8.       5/20 Frenchmans Road, Randwick

 

Issue

Comment

Significant impacts on the adjacent Heritage Conservation Area, character and streetscape of Chapel Street:

 

-      Presents as an industrial style development;

-      Dormer style windows are not in keeping with the streetscape;

-      Scale of the development is not in keeping with the locality;

-      Proposed materials (weatherboard) are out of character with the locality;

 

 

 

 

-     There is no setback from the property boundary to allow for any green landscaped area; and

 

 

-     The separate door from Chapel Street could lead to the secondary dwelling being rented out; thus changing the declared purpose.

 

 

 

 

 

Shadow diagrams do not illustrate whether the proposed construction will overshadow properties on the south-western side of Chapel Street.

 

 

 

The proposal will affect property values.

 

 

 

 

 

 

 

 

 

 

 

 

Not consistent with the Randwick Comprehensive Development Control Plan in terms of:

-      secondary dwellings;

-      Side setbacks;

-      Rear setbacks;

 

Amenity impacts for dwellings to the south-east:

-      Decreases solar access and present as a solid wall;

-      Block views from rear courtyard towards the street;

-      Will present as a two storey structure from courtyard;

-     

 

The SEE is inaccurate and there is no site plan to put the site into context.

 

 

 

Amended plans are requested and we request that the assessing planner visit our property to assess the extent of the impact.

 

 

 

 

 

Amended plans were submitted to Council on 31 May 2013, showing a substantial reduction in the perceived visual bulk and scale of the proposed secondary dwelling above the garages. The amended development will be more in keeping with the scale of existing development within the locality; and, it is considered, will not impose any significant impacts on neighbouring dwellings or on the adjoining Heritage Conservation Area with regard to materials, visual bulk and scale.

 

The proposal will be constructed above existing garages. It is not a requirement that the existing garages must be demolished to provide for landscaped area.

 

A secondary dwelling is proposed which may be leased out as a separate stand-alone dwelling. A suitable condition has been recommended that the outbuilding must not be used as a separate business premises. This is in line with the planning control specified by the Randwick Comprehensive Development Control Plan.

 

Shadow diagrams submitted with the application confirm that dwellings on the south-western side of Chapel Street will not be affected by the proposed development with regard to overshadowing.

 

 

Property values are not a head of consideration under the Environmental Planning and Assessment Act 1979 (as amended). Nevertheless, it is considered that the works will be of a high quality finish and that the development will be consistent with the existing and desired character of the locality. A condition is recommended that the garages are to be rendered and painted, to ensure that the works do not impose any significant impacts on the streetscape or on the adjoining Heritage Conservation Area.

 

The proposal is considered to be consistent with the objectives and planning controls of the Randwick Comprehensive Development Control Plan 2013. See further discussion below – Section 7.1.

 

 

Amended plans show a substantial reduction in the perceived visual bulk and scale of the secondary dwelling. As amended, the proposal will not impose any significant impacts on the neighbouring dwelling to the south-east with regard to solar access and overshadowing.

 

 

 

 

Council has assessed the proposal independently to the information provided within the submitted Statement of Environmental Effects.

 

The assessing planner visited the neighbouring dwelling on 24 June 2013.

 

 

5.1      Support:

No submissions were received in support of the application. 

 

6.        Technical Officers Comments

 

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

 

6.1      Heritage Planner:

 

The Site

The site has a front boundary to Frenchmans Road and a rear boundary to Chapel Street and is occupied by a symmetrical single storey cottage retaining much Federation verandah detailing, but with original front windows replaced.  The rear of the site is occupied by a garage structure, accessed from Chapel Street.  To the west of the site on the corner of Frenchmans Road and Chapel Street is a single storey semi-detached pair, considerably altered.  To the east of the site in Frenchmans Road, is a two storey medium density development, with rear driveway access from Chapel Street.  Immediately to the south of the site in Chapel Street are a number of single storey cottages, part of the Caerleon Crescent heritage conservation area.  In relation to the Caerleon Crescent heritage conservation area, the Randwick Comprehensive Development Control Plan lists the following key values of the area- consistency of single storey scale and semi detached form of the contributory buildings; consistency of roofscape; Federation Queen Anne style, featuring face brickwork, hipped and gabled roofs in terracotta tiles and timber trim. 

 

Background

The original application proposed alterations and additions to the dwelling and construction of a secondary dwelling above the rear garage.  Changes to the dwelling are to include internal and external changes towards the rear including open plan kitchen, dining and living area and a new deck.  Changes to the garage comprise the provision of an upper level living area, kitchen, bathroom and bedroom.  A new front fence is also proposed.  Concerns were raised in relation to the scale, bulk and setbacks of the proposed upper level addition to the garage.  It was recommended that the footprint and roof form of the upper level be reconsidered in order to reduce is bulk and dominance, and better relate to traditional hipped and gabled roofs of surrounding dwellings in the streetscape.  A meeting was held and amended drawings have now been received. 

 

Proposal

As compared to the original plans, the current plans have reduced the footprint of the upper level addition to the garage. 

 

Submission

The original application was accompanied by a Statement of Environmental Effects which addressed general environmental amenity and neighbourhood character. 

 

Controls

Clause 5.10 (1) of Randwick Local Environmental Plan 2012 includes an objective of conserving the heritage significance of heritage conservation areas, including associated fabric, settings and views. 

 

Comments

The existing outbuilding consists of an early pitched roof structure in the south western corner of the site, with a low pitched addition to the remainder of the rear part of the site apparently constructed in the late 1980s.  Due to the irregular boundaries on the site, the existing outbuilding has a non-rectangular footprint.  The original application proposed to retain the irregular footprint at the upper level resulting in a structure which has a western wall which is considerably longer and bulkier than the eastern wall.  The proposed roof form provided a single storey with attic scale to Chapel Street, and a two storey scale to the rear garden. 

 

While the outbuilding is located on the secondary frontage of the subject site, it is adjacent to the primary frontages of adjacent dwellings in the heritage conservation area.  All other buildings in the section of Chapel Street between Frenchmans Road and Caerleon Crescent are single storey in scale and generally set back from the street and side boundaries. 

 

Rather than retaining the irregular footprint of the existing garage for the upper level addition, the amended plans provide a more compact footprint for the upper level.  The upper level roof which faces Chapel Street is parallel to the elevation facing the rear garden.  The upper level therefore has a zero setback from Chapel Street at the western corner and a 3.5m setback at the eastern corner.  The length and bulk of the east elevation of the outbuilding is also considerable reduced.  The upper level which faces the rear garden is in the form of an “eye-brow dormer” set back from the side boundaries, reducing the bulk of the addition and creating traditional gables on the side elevations.  The bulk and dominance of the upper level addition have been considerably reduced.  The amended roof form relates to traditional roof forms of adjacent dwellings and will have reduced prominence in the streetscape of Chapel Street.  It is considered that the proposal will not detract from the setting of the adjacent Caerleon Crescent heritage conservation area. 

 

 

 

Assessing Planner Comment:

It is noted that the rear of the subject site adjoins both the Caerleon Crescent and St Mark’s Heritage Conservation Areas. Consideration is therefore given to the visual appearance of the proposed development as viewed from St Marks Road. Given that the existing garages are to be retained, and that they were constructed using red and white bricks (Figure 3 below), this issue was discussed with Council’s Heritage Planner.

 

Council’s Heritage Planner advised the assessing planner on 24 June 2013 that the existing garages should be cement rendered and painted on the south-western and south-eastern elevations, to present a consistent façade to neighbouring dwellings and to the streetscape.

 

It is considered that this measure will visually unify the existing assortment of structures; which will in turn ensure that the proposed development will not impose any significant visual impacts on the Heritage Conservation Areas which adjoin the subject site.

 

Figure 3:  The existing garages at the rear of the site which are to be demolished and where a garage and first floor secondary dwelling are proposed to be constructed.

 

6.2      Development Engineer:

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

7.    Relevant Environmental Planning Instruments

 

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

 

(a)    State Environmental Planning Policy (Affordable Rental Housing) 2009:

The application for a granny flat above an existing garage would generally be prohibited development as specified by the Land Use Table for the Medium Density Residential (R3) zone within the RLEP 2012. Nevertheless, the proposal may rely on the State Environmental Planning Policy (Affordable Rental Housing) 2009 for the construction of a secondary dwelling on the  site.

 


Secondary Dwellings:

Matter 1:

A consent authority must not consent to development to which this Division applies (Division 2 Secondary dwellings) if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling. 

Comment:

The proposed secondary dwelling will not result in there being any dwelling other than the principal dwelling and the secondary dwelling on the site.

 

Matter 2:

A consent authority may only consent to development to which this Division applies (Division 2 Secondary dwellings) if:

 

·      The total floor area of the principal dwelling and the secondary dwelling is less than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument; and

·      The total floor area of the secondary dwelling is no more than 60 square metres; or

·      If a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

Officer Comment:

The total floor area of the principal dwelling and the secondary dwelling is 198.2m2 which compliant with the maximum floor area allowed for a dwelling house under the RLEP 2012. Further, the total floor area of the secondary dwelling (44.3m2) is less than 60 square metres.

 

Matter 3:

A consent authority must not refuse consent to development to which this Division applies (Division 2 Secondary dwellings) on the grounds of site area if the secondary dwelling is located within, or is attached to, the principal dwelling, or the site area is at least 450 square metres.

 

Officer Comment:

The site area is 538m2.

 

Matter 4:

A consent authority must not refuse consent to development to which this Division applies (Division 2 Secondary dwellings) on the grounds of no additional parking being provided on the site.

 

Officer Comment:

The proposed parking demand generated by the secondary dwelling will not adversely impact on the availability of on street car parking.

 

(b)    Randwick Local Environmental Plan 2012

The site is zoned Medium Density Residential R3 under the Randwick Local Environmental Plan 2012 and the proposed works to the existing dwelling are permissible with Council’s consent. The proposed secondary dwelling relies upon the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Height of Buildings:

The proposal will result in a structure with a maximum height of 5.9m which complies with the maximum building height development standard of 9.5m specified by the RLEP 2012. 

Floor Space Ratio (FSR): 

The proposed dwelling and secondary dwelling will have FSR total of 0.36:1 which complies with the maximum permissible FSR of 0.65:1 for a dwelling house. Nevertheless, amended plans show a substantial reduction in the scale of the proposed secondary dwelling as compared to those plans which were originally notified to neighbouring dwellings.

 

It is considered that the building will be well articulated and will respond suitably to the scale and character of contributory buildings in the adjacent Heritage Conservation Area. Furthermore, it is considered that the development (as amended) will not adversely impact on the amenity of adjoining and neighbouring land in terms of visual bulk, loss of privacy, overshadowing and views.

 

Heritage Conservation:

The rear of the subject site is located on Chapel Street and adjoins both the Caerleon Crescent and St Mark’s Heritage Conservation Areas. Consideration is therefore given to the visual appearance of the proposed development as viewed from St Marks Road. Council’s Heritage Planner has advised that no further heritage objections are raised; and a condition is recommended that the existing garages should be cement rendered and painted on the south-western and south-eastern elevations. See further discussion above - Part 6.1.

 

7.1 Policy Controls

Randwick Comprehensive Development Control Plan 2013 (DCP):

The following key Issues and Areas of Non Compliance of the DCP have been identified in the assessment of the application.

 

a)        Colours, Materials and Finishes

Council’s Heritage Planner has recommended a condition to ensure that the colours and materials for the outbuilding will contribute to and enhance the streetscape character.

 

b)        Building Envelope:

Setbacks:

The DCP provides planning controls for outbuildings, including controls for setbacks. Outbuildings must be single storey unless they are located on laneways and may be constructed to side boundaries where external walls do not require regular maintenance and where there is no significant impact on neighbouring dwellings with regard to privacy and solar access. First floor additions may be constructed above existing detached garages where the upper floor is contained within the attic storey; where the addition does not create excessive bulk as viewed from adjoining properties and where privacy is maintained. 

 

Amended plans show that the proposed secondary dwelling will present as a single storey structure at the rear property boundary and that the secondary dwelling will be located substantially within a new roof cavity with dormer windows addressing Chapel Street. Overall the structure will present as an attic storey addition. The proposal to utilise the side setbacks of the existing garages for the first floor level (300mm to the northern property boundary and 600mm to the south-eastern property boundary) will not result in a structure which will impose any significant impacts on neighbouring dwellings with regard to visual bulk and privacy.

 

c)        Amenity:

Solar Access and Overshadowing:

The DCP requires that north-facing living area windows must receive at least 3 hours of direct sunlight between 8am and 4pm on 21 June. A portion of the north-facing living area windows of neighbouring dwellings must also receive at least 3 hours of direct sunlight between 8am and 4pm on 21 June; and the private open spaces of neighbouring dwellings must receive at least 3 hours of direct sunlight between 8am and 4pm on 21 June.

 

The north-facing habitable room windows of the secondary dwelling will receive more than 3 hours of direct sunlight between 8am and 4pm on 21 June. Shadow diagrams submitted with the application also show that the proposed secondary dwelling will overshadow a portion of the dwelling to the south-east (1 Chapel Street); however it is noted that there are no windows on the affected elevation of the dwelling at 1 Chapel Street.  Amended shadow diagrams were not required to be submitted along with amended plans for the secondary dwelling. Justification for this is that the redesign of the secondary dwelling includes a substantial reduction in the bulk and scale of the structure as compared to that which was originally proposed.

 

The proposed extension to the existing single storey dwelling house will include a marginal increase in the degree of overshadowing; however it is considered that the extent of additional overshadowing that this will not impose any significant impacts on neighbouring dwellings. Shadow diagrams were not required to be submitted for this part of the application given the structure is single storey in nature.

 

Overall, it is considered that the proposal is consistent with the objectives and planning controls of the DCP with regard to solar access and overshadowing.

 

Visual Privacy:

The DCP requires that habitable room windows must be located to minimise any direct viewing of existing habitable room windows in adjacent dwellings and that where a balcony is likely to overlook the private open space of the adjacent dwellings, that privacy screens are to be included. 

 

The proposal is considered to be consistent with the planning controls specified by the DCP with regard to privacy. Proposed window changes on the western side of the existing dwelling will not impose any significant privacy impacts on the neighbouring dwelling given that an existing 1.8m timber paling fence will form an effective privacy screen between the dwellings. The proposed deck at the rear of the existing dwelling includes privacy screens on the eastern and western ends and consequently, will not impose any privacy significant impacts on neighbouring dwellings.

 

The secondary dwelling will be constructed with dormer windows on the south-western elevation at first floor level however these windows will overlook the streetscape only and will not impose any significant privacy impacts on neighbouring dwellings. Windows on the north-eastern elevation at first floor level are highlight windows and will not impose any significant impacts on neighbouring dwellings with regard to visual privacy.

 

Outbuildings:

As discussed above in part 7.1(b), the proposed secondary dwelling will be consistent with the planning controls as specified for outbuildings within the DCP. It is noted that amended plans show a substantially reduced building façade on the south-eastern elevation; which will ensure that the proposed works will not impose any significant visual impacts on the neighbouring dwelling to the south-east (1 Chapel Street) – Figure 4 below.

 

The secondary dwelling development will maintain the side setbacks for the ground floor garages and adequate separation distance will be achieved between the proposed works and neighbouring buildings for the purposes of visual and acoustic privacy and solar access. 

Figure 4:  The existing view from the rear yard of the neighbouring dwelling at 1 Chapel Street.

 

d)        Car Parking and Access:

The DCP does not require that any additional car parking facilities be provided where secondary dwellings are proposed. Nevertheless, it is noted that are two (2) off-street parking spaces located within the existing garages and that these satisfy the requirement within the DCP for dwelling houses with more 3 or more bedrooms.

 

The existing garages are located on the secondary street frontage which is consistent with the controls within the DCP; and a condition is recommended that the existing garages are to be cement rendered and painted, which will ensure that they better integrate with the heritage character of the Chapel Street streetscape; and with the adjoining Heritage Conservation Areas.

 

e)        Fencing and Ancillary Development:

The DCP specifies that front fences should be limited to a maximum height of 1.8m provided the upper two thirds are partially open (except for piers). Solid front fences are permitted for sites facing arterial roads.

 

The proposed front fence will consist of 600mm piers which are to be constructed on top of the existing solid 1.2m masonry fence. Timber infill panels (600mm in height) are to be constructed with openings which will consist of 30% of the area of the panels.

 

It is considered that the proposed fence, which will have a maximum height of 1.8m will be consistent with the existing character of the locality given that there is an existing 1.7m masonry fence to the eastern side of the site at 20 Frenchmans Road. It is also noted that Frenchmans Road is classified as a State arterial road. Overall, the proposed front fence will be consistent with the planning controls for front fences, as specified by the Randwick Comprehensive Development Control Plan.

 

8.    Environmental Assessment

 

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

 

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 Residential R3 under the Randwick Local Environmental Plan 2012 and the proposed works to the dwelling are permissible with Council's consent.

 

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

 

BASIX State Environmental Planning Policy

 

Two (2) BASIX Certificates have been provided which is in line with advice previously provided by the NSW Department of Planning and Infrastructure. The BASIX Certificates relate to the alterations to the dwelling and to the proposed secondary dwelling.

 

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

None applicable.

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

The proposal generally satisfies the objectives and planning controls as specified by the Randwick Comprehensive Development Control Plan, except where discussed in the key issues section of this report

Section 94A Contribution DCP

 

The DCP authorises Randwick City Council to impose, as a condition of development consent, a requirement that the applicant pay Council a levy determined in accordance with the schedule. Based on a cost of works $110,000, the applicable level is $550.00.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

 

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

 

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

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in Urban Design and Development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The 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

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/178/2013 for ground floor alterations and additions to the existing dwelling including a deck at the rear, the construction of a first floor secondary dwelling above the existing garage and alterations to the existing front fence at 18 Frenchmans Road, Randwick, subject to the schedule of conditions outlined in this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

12/13A