Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                             13 August 2013

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street, Randwick, 30 Frances Street, Randwick, on Tuesday, 13 August 2013 at 6:00 p.m.

 

 

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

 

Quorum:                           Eight (8) members

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 9 July 2013

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Development Application 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.

D56/13      6 Palmer Street, South Coogee (DA/496/2012) - DEFERRED....................... 1

D57/13      4B Neptune Street, Coogee (DA/340/2013)........................................... 107

D58/13      42-44 St Pauls Street, Randwick (DA/758/2012) ................................... 127

D59/13      36 Burke Street, Chifley (DA/130/2012/B)............................................. 195

D60/13      95 Wentworth Street, Randwick (DA/381/2012/A).................................. 205

D61/13      133 Carrington Road Coogee (DA/884/2009/C)....................................... 223

D62/13      135 Carrington Road, Coogee (DA/885/2009/C)...................................... 231

D63/13      17 Binda Crescent, Little Bay (DA/351/2013)......................................... 239

D64/13      55 Dudley Street Coogee (DA/364/2008/J)............................................ 267

Miscellaneous Reports (record of voting NOT required)

M13/13     Policy Review & In-Principle Support for Circuses.................................... 275

M14/13     "Taste of Coogee" Event - Goldstein Reserve Coogee.............................. 279    

Notice of Rescission Motions

Nil 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                             13 August 2013

 

 

Development Application Report No. D56/13

 

 

Subject:                  6 Palmer Street, South Coogee (DA/496/2012) - DEFERRED

Folder No:                   DA/496/2012

Author:                   Wendy Wang, Senior Environmental Planner     

 

Introduction

 

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

 

The application was reported to the Planning Committee Meeting held on 11 June 2013.  At the meeting, it was resolved:

 

“(Mayor, Cr Bowen/Garcia) that the application be deferred for mediation”

 

Issues and Mediation Proceedings

 

A mediation session was held on 27 June 2013 between the owner of the subject site and eight (8) objectors from Nos. 2, 4, 7, 8, 9, 10 Palmer Street, 15 Pearce Street and the Coogee Precinct Committee. During the course of the mediation session, a number of issues were raised by the objecting parties (i.e. view loss, accuracy of survey information and height poles, landscaping, and rearrangement of the proposed terrace and pool). At the conclusion of the mediation, the applicant agreed to consider the following:

 

1.     The applicant will review the landscape plan in relation to screening at the rear to consider objections from No. 15 Pearce Street and consider the palm trees on the eastern side (in conjunction with any council requirements) for the purposes of No. 8 Palmer;

 

2.     The applicant will obtain further information and advise on whether the slope of the roof over the master bedroom / ensuite and the northern end of the ground floor area can be reduced in slope to reduce the height for No. 7 Close Street;

 

3.     The applicant will investigate achieving floor to ceiling heights of 2.4m in the lower ground floor by reviewing the thickness of the slabs with a view to avoiding any excavation;

 

4.     The applicant noted the comments that the survey obtained may not be a proper boundary survey and the applicant will be obtaining a boundary survey especially in relation to the western boundary;

 

5.     A concern was raised about whether the top of the height poles in the Councils report showed the underside of the ceiling (RL 32.080) or the maximum ridge level (32.900) and the applicant will obtain further information from the surveyor as to the levels of the height poles and if the height poles were at the lower level the applicant will consider what the view line impacts might be from the higher level; and

 

6.     The owners of No. 8 Palmer Street put forward the planning consultant’s condition (condition 2(b) of this report relating to increasing the height and length of the eastern side balustrade) to assist in alleviating concerns of No. 8 and property owners across the road from the site. The owner of No. 8 Palmer Street also put forward a request that the applicant consider moving the first floor swimming pool to the rear or the side of the site.

Following the mediation process, the owner of the subject site has provided written confirmation (email dated and received by Council on 3 July 2013) of the following addressing each point in turn: -  

 

1.     An updated landscape plan has been prepared in consultation with the owners of No. 15 Pearce Street to the north of the subject site (Landscape concept plan, revision C, prepared by Formed Gardens Design and Construction Pty Ltd, dated 1 July 2013 and received by Council on 16 July 2013) reflecting the inclusion of additional tress along the northern boundary. The landscape plan indicates that existing screen planting in this location is to be retained and 3 x Banksia integrifolia (Coast Banksia with mature height of 6-8m) to be introduced.

 

The applicant has also confirmed in correspondence to Council dated 16 July 2013 that the trees would need to achieve a reasonable maturity to provide any screening, and that they cannot be planted until demolition commences. As such, the applicant agrees to the imposition of a condition of consent requiring the upper floor terrace balustrades to be fitted with obscure glazing to minimise any overlooking toward No. 15 Pearce Street. A condition of consent has been imposed to this effect.

 

The revised landscape plan will also replace the previously proposed palm trees on the eastern side (adjacent to No. 8 Palmer Street) with screening shrub planting (Lilly Pilly to a height of approximately 2m)

 

An existing Phoenix Palm in the south eastern corner of the front yard will also be removed and replaced with a Coast Banksia. 

 

2.     The owner of the subject site indicates that in previous discussions regarding this matter, the objectors expressed that they did not believe that item 3 (below) was a feasible/valid option. As such, the applicant is not willing to consider modifying the roof over the rear section (master bedroom) any further prior to determination of the development application. The applicant has, however, noted that this issue can be investigated at a later stage (construction certificate documentation). 

 

3.     Investigations have already established that floor levels can be adjusted marginally to accommodate a 2.4m floor to ceiling height in the lower ground floor area if required, without the need to increase the overall building height. However, this will necessitate further adjustments to the final building design following approval of the application. The objectors do not accept this as being a reasonable option although the applicants maintain that reducing the extent of excavation would be beneficial to all parties.

 

4.     A boundary survey in relation to No. 7 Close Street will be carried out and submitted to the satisfaction of the Principle Certifying Authority at the construction certificate stage. As the existing setbacks of the rear section of the dwelling (proposed to be retained) incorporating the master bedroom is not altered as part of this proposal, submission of the survey has no strict bearing on the approval of the proposed works in the remaining areas of the site. 

 

5.  The height poles have been correctly installed at the highest points of the main bulk of the building and not the roof outline. Given that height poles have been installed in order to facilitate view loss assessment, there is no need to address this issue further unless it is for the purpose of facilitating a greater roof overhang as previously proposed.  

 

Assessment officer’s comment: During the course of the mediation, both the applicant and objectors raised concerns regarding the height and location of the height poles installed to facilitate the view impact assessment undertaken as part of the assessment process. It is noted that the applicant was required to install height poles at the uppermost points of the top floor. The maximum RL and location of these height poles have been correctly established at RL 32.08, being the north eastern (rear), south eastern (front), south western (front) and north western (rear) corners of the bulk of the building at the upper floor. Refer to image below for clarification of the height and location of height poles (shown in red) when viewed from Palmer Street.

 

The height poles were not required to be installed at the maximum ridge height along the eastern edge of the sloping roof overhang adjacent to No. 8 Palmer Street. Installation of the height poles at this location would not give a true indication of the extent of view loss as it does not reflect the main building mass. The impact on existing views obtained from dwellings across Palmer Street caused by the roof overhang would be dependant upon the angle from which those views are obtained.

 

Further, a condition of consent has been imposed requiring the eastern side roof overhang shall be reduced to a maximum of 450mm to minimise any potential view impacts to dwellings on the southern side of Palmer Street. Should the eastern side height poles be installed in this location, compliance with this condition would render the location of the high poles and subsequent view impact assessment inaccurate. 

 

The view loss analysis in the report to the Planning Committee meeting on 11 June 2013 accurately reflected potential impacts resulting from the development and erecting additional height poles to reflect the position of the roof is not required.

Figure 1: Location of height poles and respective RLs.

6.     The pool cannot be relocated to the rear yard due to the presence of a sewerage pipe running between various neighbouring properties. The option of an alternative location along the eastern side was discussed and rejected by the owner of 8 Palmer Street. The applicant is not willing to make any further substantial changes to the proposal as the current location of the pool is the preferred option.

 

Application assessed against RLEP 1998 (Consolidation) and DCP – Dwelling Houses and Attached Dual Occupancies

The subject application is saved by Clause 1.8A of the Randwick Local Environmental Plan 2012 (RLEP 2012), which was gazetted on 15 February 2013.

Clause 1.8A of the RLEP 2012 requires that a Development Application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 (Consolidation) that was in force immediately before the commencement of this plan. The subject application was lodged on 6 August 2012, and is therefore saved by the new LEP. 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.

 

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

 

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

 

It is considered that the proposed works will not result in significant adverse amenity or visual impacts on the area. The development complies with the objectives and performance requirements of the DCP and is considered to be satisfactory. The application is, therefore, recommended for approval subject to conditions of consent.

 

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

 

As detailed in the report to the Planning Committee meeting on 11 June 2013, the impacts of the proposed works are considered to be acceptable, subject to compliance with the proposed conditions of consent.

 

The proposed works satisfy the relevant objectives and performance requirements contained in the Dwelling Houses and Attached Dual Occupancies DCP and also satisfies the objectives of the Residential 2A Zone of the RLEP 1998 (Consolidation).

 

The application is therefore recommended for approval subject to conditions of consent detailed in the attached report from the Planning Committee meeting of 11 June 2013 but with conditions 1 and 2 amended to reflect the inclusion of the new landscape plan and provision of obscure glazing to the upper floor terrace balustrade. 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/496/2012 for demolition of majority of existing dwelling and carport, construction of part 2/part 3 storey dwelling with double garage, swimming pool and associated works at 6 Palmer Street, South Coogee, subject to the conditions detailed in the attached report from the 11 June 2013 Planning Committee meeting and with conditions 1 and 2 amended to read as follows:

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

2/7 Issue B

Domus Homes

May 2012

26 October 2012

3/7 Issue B

October 2012

26 October 2012

4/7 Issue C

March 2013

18 march 2013

5/7 Issue B

May 2012

26 October 2012

6/7 Issue B

May 2012

26 October 2012

7/7 Issue B

May 2012

26 October 2012

Landscape concept plan, Rev C

Formed Gardens Design and Construction Pty Ltd

1 July 2013

16 July 2013

 

 

 

BASIX Certificate

No.

Dated

Single dwelling

433803S

26 June 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details of compliance are to be included in the construction certificate plans and documentation:

 

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

 

b)       The height of the balustrade along the eastern edge of the upper floor pool shall be increased to a minimum height of 1.6m above the finished terrace level for the length of that balustrade located south of the northern end of the pool. Additionally, if the height of that balustrade on the section of the terrace located north of the pool is not increased to 1.6m, a 1m wide and 1m deep planter box shall be provided inside the balustrade on the section of the terrace located north of the pool.

 

c)       Further excavation of the lower ground floor area shall be undertaken in order to achieve a minimum floor to ceiling height of 2.4m for habitable rooms. The excavated material must be retained and reused on site for minor filling as shown on the architectural plans or for infilling within the subfloor areas on the western side of the lower ground floor.

 

d)       The balustrades to the northern and western edges of the first floor north facing terrace shall be fitted with obscure glazing to minimise overlooking impacts to adjoining properties.

 

Attachment/s:

 

1.View

Planning Committee Report - 14 May 2013

 

2.View

Planning Committee Report - 11 June 2013

 

 

 

 


Planning Committee Report - 14 May 2013

Attachment 1

 

 

 

Development Application Report No. 

 

 

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

Folder No:                   DA/496/2012

Author:                   Wendy Wang, Senior Environmental Planner     

 


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

Ward:                      East Ward

Applicant:                Domus Homes

Owner:                         Mr R B Parsons & Mrs S M Parsons

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The proposal has an FSR of is 0.71:1, which does not meet the DCP preferred solution of maximum 0.5:1 FSR. Assessment of this variation indicates that the relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will not be inconsistent with the existing built form of adjoining and surrounding properties. The bulk of the building is distributed appropriately down the slope of the subject site to respect the outlook of adjoining properties and preserve the privacy, solar access and view sharing for neighbouring residents.

 

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

2.    The Proposal

 

The application seeks approval for the following works:

 

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

·      Demolition of the existing single carport;

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

·      Removal of 2 trees;

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

 

3.    The Subject Site and Surrounding Area

 

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

 

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

 

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

 

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

 

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

 

Photographs of the site and surrounds

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

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

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

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

5. Dwelling to the west along Close Street  

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

 

4.    Application and Site History

 

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

 

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

 

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

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

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

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

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

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

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

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

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

 

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

 

 Lower ground floor

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

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

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

 

Ground floor

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

·  Porous driveway adjusted to suit new garage setback

·  Vehicle crossover adjusted to suit new garage location

·  Entry pathway relocated eastwards to accommodate garage setback

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

First floor

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

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

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

 

Roof

·  Roof set back to suit new garage location

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

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

 

General

·  Inclusion of existing house outline to elevation drawings

·  Inclusion of 7.0m wall height lines on elevations

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

5.    Community Consultation

 

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

 

1 Palmer Street

2 Palmer Street

3 Palmer Street

4 Palmer Street

5 Palmer Street

7 Palmer Street

8 Palmer Street

9 Palmer Street

10 Palmer Street

12 Palmer Street

7 Close Street

11 Close Street

15 Pearce Street

17 Pearce Street

19 Pearce Street

Coogee Precinct Committee

 

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

 

·      Non compliance with FSR and overall/wall height controls

·      Non compliance with side setback controls

·      Non compliance with minimum landscaping controls 

·      Overshadowing to No. 7 Close Street

·      Privacy impacts

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

Refer to section 9.1 of this report for detailed assessment.

 

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

 

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

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

 

·      Proximity of the building to the rear boundary

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

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

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

 

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

 

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

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

 

·      Inaccurate and misleading statements in the accompanying documentation

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

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

 

·      Inaccurate landscaping calculations

·      Inadequate and inappropriate landscape

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

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

 

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

 

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

 

·      View loss to various properties

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

 

·      Loss of property value

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

 

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

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

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

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

Refer to section 9.1 of this report for detailed assessment.

 

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

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

 

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

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

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

·      The property is subject to regular flooding.

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

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

 

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

 

·      Impact on future development potential for nearby properties

·      Negative precent for future development

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

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

 

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

·      Height of the roof could also be reduced

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

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

 

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

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

 

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

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

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

 

 

Second notification

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

 

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

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

 

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

 

 

6.    Technical Officers Comments

 

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

 

6.1      Development Engineers

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

 

Drainage Comments

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

 

Landscape Comments

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

7.    Master Planning Requirements

 

A master plan is not required for the proposed development.

 

8.    Relevant Environmental Planning Instruments

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

 

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

 

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

 

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

Clause

Required

Proposed

Compliance

22  Services

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

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

Complies, subject to conditions

29 Foreshore Scenic Protection

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

 

 

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

Complies

40 Excavation and filling of land

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

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

 

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

 

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

Complies, subject to conditions

 

8.2      Randwick Local Environmental Plan 2012

 

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

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in RLEP 2012 that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

 

Zoning:

 

The site is zoned Low Density Residential R2.

Yes.

Permissible under the proposed zoning?

Yes

Floor Space Ratio (Max)

0.6:1

0.55:1

 

Yes.

 

Height of Building (Max)

9.5m

8.92m

 

Yes.

 

Lot Size (Min)

No minimum for single dwellings.

609.3m2

N/A

 

It is noted that the proposed dwelling has an FSR of 0.55:1 when calculated in accordance with the definition for “gross floor area” as defined by the Randwick Local Environmental Plan 2012. Pursuant to clause 4.4(2A), a maximum floor space ratio of 0.6:1 is applicable to the site and is a development standard under the RLEP 2012. The FSR of the proposal when calculated under the definition applicable in the RLEP 2012 achieves compliance with this development standard.

 

 

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

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

9.        Policy Controls

 

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

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

 

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

 

Landscaping

 

 

Preferred Solution

Assessment

S1

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

42% of the site is landscaped area. Complies

S1

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

The rear yard has an area of 137sqm. Complies

S1

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

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

S1

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

The above area is located in the rear yard. Complies

S6

20% of the total site area has permeable treatment.

39.1% of the site is permeable. Complies

 

Floor Space Ratio

 

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

 

The proposed development has an FSR of 0.71:1, which equates to 432.6m2 gross floor area (GFA). The preferred solution of the DCP is 0.5:1 for sites with an area of 600sqm or more and the proposal will deviate from the DCP preferred solution by 0.21:1 FSR or 127.9m2 GFA.

 

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

Streetscape elevation of the proposed development.

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

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

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

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

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

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

 

Height, Form & Materials

 

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 7.5m – 8.1m. Does not meet the preferred solution. See assessment below.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

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

 

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

S3

No excavation within 900mm of a side boundary.

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

 

S3

No excavation within 4m of a rear boundary.

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

S4

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

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

S5

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

Not applicable.

 

The predominant wall height of the proposal when measured along the western and southern (front) elevations is a maximum of between 5.5m – 6.5m as is the wall height of the lower two levels along the eastern and northern elevations. The upper level is significantly setback further into the site from the walls of the lower levels and sits over the middle of the existing dwelling house. The section of the building along the eastern and northern elevations varies in height from 7.5m along the eastern elevation to 8.1m along the northern elevation, which at its highest is only 100mm greater than the maximum ridge level of the existing house.

 

The Dwelling Houses and Attached Dual Occupancies DCP uses a performance approach to design guidance and development controls and design and site planning objectives. The preferred solutions are not mandatory requirements and only demonstrate how a performance requirement may be achieved. The variation in external wall height from the preferred solution of 7m as outlined by the DCP is largely a function of the site rather than a result of poor design and is not an unreasonable development outcome.

 

In this instance, the area in which the wall height exceeds 7m does not contribute to an adverse degree of overshadowing to surrounding properties due to its generous setback off the eastern boundary and its location toward the northern side of the proposed dwelling. Further, the second floor level (seen as first floor level from the street) is setback 2.97m from the western side boundary and 5.92m from the eastern side boundary maintaining a satisfactory level of spatial separation between the subject and adjoining buildings.

 

Accompanying shadow diagrams indicate that additional overshadowing created by the proposed top floor will alternately fall onto part of the front yard of the adjoining dwellings in winter mornings and afternoons. This section of the proposal does not result in excessive or additional overshadowing to the east and west facing openings of the adjoining dwellings. The proposal also maintains ample solar access to the north facing openings and private open spaces of the adjoining properties at Nos 4 and 8 Palmer Street.

 

Properties along this side of Palmer Street enjoy unrestricted northerly views to Wedding Cake Island and Clovelly Bay Headlands from the rear of their dwellings and the section of the proposed dwelling with an external wall height of more than 7m does not contribute to any unreasonable loss of views to these dwellings.

 

For properties on Close St and across Palmer Street to the south which face the southern (street) elevation of the proposed dwelling, views are obtained toward the north over the subject site. In this section, the maximum external wall height is 6.3m.

 

The proposal is considered to demonstrate compliance with the relevant objectives of the DCP in that the proposed dwelling is not excessive in height or scale, is compatible with the existing character of the locality and does not result in unacceptable adverse impacts to the amenity currently enjoyed by the surrounding properties in terms of solar access and views.

 

Building Setbacks

 

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

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

S2

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

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

S3

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

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

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

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

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

 

S3

Side setbacks be 1.5m at second floor level.

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

 

S3

Side setbacks be 3.0m at third floor level.

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

 

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

 

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

 

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

 

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

 

 

 

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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

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

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

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

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

 

 

 

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

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

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

S1

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

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

S1

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

Not applicable.

S3

Buildings comply with AS 371 and AS 2107.

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

 

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

 

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

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

 

 

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

 

 

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

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

 

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

 

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

 

The peer review that was conducted on the merits of the application did not consider that the height of the balustrade along the eastern edge of the upper floor terrace (proposed at 1.2m) to be adequate in fully addressing overlook concerns to the easterly direction. Accordingly, a condition has been imposed within the recommendations section of this report to require the balustrade to be increased to a minimum of 1.6m above the finished floor level of the terrace for the length of the balustrade which is located south of the northern end of the proposed pool or a 1m wide and 1m deep planter box be introduced inside the balustrade in order to limit the proximity of users of the terrace to the edge in order to minimise the ability to look down into neighbouring open space. Subject to compliance with this condition of consent, the proposal is not considered to unreasonably compromise visual amenity of the surrounding dwellings and their private open spaces.

 

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

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

 

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

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

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

S2

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

Suitable condition included.

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

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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

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

S1

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

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

S1

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

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

S1

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

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

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

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

S2

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

The proposed garage occupies about 35%. Complies.

 

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

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

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

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

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

 

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

 

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

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

P3

Stepped buildings on sloping sites are articulated.

Appropriate level of articulation.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

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

P5

Ancillary structures do not detract from the appearance of developments.

Not applicable.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

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

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

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

 

9.2      View Impact Assessment

 

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

 

·      1 Palmer Street

·      2 Palmer Street

·      3 Palmer Street

·      4 Palmer Street

·      5 Palmer Street

·      7 Close Street

·      11 Close Street

 

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

 

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

 

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

 

 

 

 

 

 

 



No. 1 Palmer Street

Ground floor living room and terrace area

1. Views from inside the living room

 

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

Current views

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

 

Anticipated view loss

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

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

 

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

First floor street facing bedroom and terrace

3. Views captured from first floor terrace

 

 

4. Views captured from first floor bedroom

 

 

Current views

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

 

 

Anticipated view loss

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

 


No. 2 Palmer Street

Ground floor rear (north facing sunroom and deck)

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

 

2. View from inside ground floor sunroom

 

Current views

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

 

Anticipated view loss

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

First floor rear (north) facing living area and deck

3. Views captured from first floor living area

 

4. Views captured from first floor deck

Current views

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

 

Anticipated view loss

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

 


No. 3 Palmer Street

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

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

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

Current views

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

 


No. 4 Palmer Street

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

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

 

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

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

 

Current views

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

 

Anticipated view loss

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

 

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

 


 


Ground floor side living room window

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

 

Current views

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

 

Anticipated view loss

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

Ground floor rear (east facing) living area

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

 

Current views

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

 

Anticipated view loss

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

 


No. 5 Palmer Street

Ground floor street (north) facing living area and terrace

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

 

Current views

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

 

Anticipated view loss

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

 

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

2. View from first floor bedroom(s)

3. View from first floor terrace

Current views

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

 

Anticipated view loss

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

 

 

 

 

 


No. 7 Close Street

Ground floor bedroom (east) 

1. View from ground floor east facing bedroom.

 

Ground floor east facing kitchen/lounge and small landing

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

 

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

 

4. View from east facing elevated ground floor landing

 

Current views

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

 

Anticipated view loss

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


No. 11 Close Street

Ground floor street (north) facing living area and terrace

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

 

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

 

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

 

Current views

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

 

Anticipated view loss

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

First floor street (north) facing bedroom and terrace  

1. View from first floor terrace

 

2. View from first floor bedroom

 

Current views

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

 

Anticipated view loss

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

 

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

 

Property address

Area where view is obtained 

Is the view obtained from standing/sitting position 

View to be affected

1 Palmer Street

Ground floor living room and terrace area

Standing and sitting over the front boundary

Partial land/ocean views and wedding cake island

First floor bedroom and terrace area

Standing and sitting over the front boundary

Partial land/ocean views and wedding cake island

2 Palmer Street

Rear ground floor sunroom

Standing and sitting over the side boundary

Partial ocean views

Rear ground floor deck

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

Partial ocean views

First floor rear living area and deck

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

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

3 Palmer Street

First floor street facing living area

Standing and sitting over the front boundary

Partial land/ocean views and wedding cake island

Second floor street facing lounge and balcony

Standing and sitting over the front boundary

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

4 Palmer Street

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

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

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

Ground floor living room

Standing and sitting over the side boundary

Restricted water views

Rear ground floor living area  

Standing north and over the side boundary of the subject site

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

5 Palmer Street

First floor street facing living areas and associated balcony

Standing and sitting over the front boundary

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

Second floor street facing bedrooms

Standing and sitting over the front boundary

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

7 Close Street

Ground floor east facing bedroom

Standing over the side boundary of the subject site

Restricted water views

Ground floor east facing kitchen and lounge

Standing and sitting over the side boundary of the subject site

Restricted water views

11 Close Street

Ground floor street facing living room and associated deck

Standing and sitting over the front boundary

Restricted water views

First floor street facing bedroom and associated deck

Standing and sitting over the front boundary

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

 

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

 

 

 

1 Palmer Street

Ground floor living room and terrace area

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

 

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

Degree of impact: minor

First floor bedroom and terrace area

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

Degree of impact: negligible

2 Palmer Street

Rear ground floor sunroom

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

 Degree of impact: negligible

Rear ground floor deck

As above.

First floor rear living area and deck

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

Degree of impact: negligible

3 Palmer Street

Ground floor street facing living area

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

 

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

 

Degree of impact: minor

 

First street facing lounge and balcony

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

Degree of impact: negligible

4 Palmer Street

 

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

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

Degree of impact: negligible

First floor bedroom (side view) from bedroom window

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

Degree of impact: severe

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

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

Degree of impact: moderate

Rear ground floor living area  

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

Degree of impact: severe

5 Palmer Street

 

First floor street facing living areas and associated balcony

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

Degree of impact: negligible

Second floor street facing bedrooms

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

Degree of impact: negligible

7 Close Street

 

Ground floor east facing bedroom

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

Degree of impact: moderate

Ground floor east facing kitchen and lounge

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

Degree of impact: minor

 

11 Close Street

 

Ground floor street facing living room and associated deck

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

Degree of impact: moderate

First floor street facing bedroom and associated deck

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

Degree of impact: negligible

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

 

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

 

·      1 Palmer Street

·      3 Palmer Street

·      5 Palmer Street

·      11 Close Street

 

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

 

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

 

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

 

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

 

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

 

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

 

·      2 Palmer Street

 

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

 

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

 

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

 

·      4 Palmer Street

 

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

 

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

 

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

 

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

 

·      7 Close Street

 

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

 

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

 

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

 

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

 

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

 

10.      Conclusion

 

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

 

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

 

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

 

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

 

11. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

 

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

Not applicable.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

There is no direct financial impact for this matter.

 

12.      Conclusion

 

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

 

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

 

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

 

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

 


 

Recommendation

 

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

 

GENERAL CONDITIONS

 

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

2/7 Issue B

Domus Homes

May 2012

26 October 2012

3/7 Issue B

October 2012

26 October 2012

4/7 Issue C

March 2013

18 march 2013

5/7 Issue B

May 2012

26 October 2012

6/7 Issue B

May 2012

26 October 2012

7/7 Issue B

May 2012

26 October 2012

 

BASIX Certificate

No.

Dated

Single dwelling

433803S

26 June 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details of compliance are to be included in the construction certificate plans and documentation:

 

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

 

b)       The height of the balustrade along the eastern edge of the upper floor pool shall be increased to a minimum height of 1.6m above the finished terrace level for the length of that balustrade located south of the northern end of the pool. Additionally, if the height of that balustrade on the section of the terrace located north of the pool is not increased to 1.6m, a 1m wide and 1m deep planter box shall be provided inside the balustrade on the section of the terrace located north of the pool.

 

c)       Further excavation of the lower ground floor area shall be undertaken in order to achieve a minimum floor to ceiling height of 2.4m for habitable rooms. The excavated material must be retained and reused on site for minor filling as shown on the architectural plans or for infilling within the subfloor areas on the western side of the lower ground floor.

 

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.

 

Floor area (lower ground)

4.       Prior to the issue of a Construction Certificate for the development, the appointed Principle Certifying Authority shall provide documentary verification to Council that the floor area of the of the lower ground floor on engineering and construction certificate plans does not extend beyond that identified on development Application Drawing DA2-7 Issue B.

 

External Colours, Materials & Finishes

5.      

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

 

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

 

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

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,191.556, the following applicable monetary levy must be paid to Council: $11915.55.

       

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

 

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

 

Long Service Levy Payments

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

 

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

Security Deposit

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

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

 

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

 

Driveway Design

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

 

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

    

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Stormwater Drainage

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

 

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

 

13.     A site stormwater drainage system is to be provided in accordance with the following requirements (as applicable):

 

a)     The stormwater drainage system must be designed and constructed to satisfy the relevant requirements in the Building Code of Australia,

 

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

 

c)     The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit which drains to Council’s kerb and gutter outside the development site.

 

d)     Details of the design and construction of the stormwater drainage system and sediment site arrestor pit/s must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

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

 

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

 

Pump-out systems must be provided with two pumps and be installed, connected in parallel (with each pump being capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well is required to be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working,

 

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

 

h)     Details of the design and construction of the stormwater drainage system, sediment silt arrestor pit/s and pump out pits must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

14.     Sediment/silt arrestor pit/s are to be provided within the site at or near the street boundary prior to stormwater being discharged from the site. The sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements, to the satisfaction of the principal certifying authority:

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

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

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

·        A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·        A sign adjacent to this pit stating that:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

               

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

 

Street Tree Management

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

 

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

 

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

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement tree.

 

Tree Protection Measures

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

 

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

 

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

 

c)     This group of five trees/palms must be physically protected as one group by installing a row of evenly spaced star pickets that shall be installed hard up against the trunks of Trees 4-6 (so as to maintain the eastern side access), then step out to a setback of 1.5 metres off the trunks of Trees 2 & 3, extending 1.5m to the north of Tree 2, and matching up with the eastern site boundary, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached, so as to completely exclude this group for the duration of works.

 

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

 

e)     Ground levels within this TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and must remain as undisturbed, deep soil.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Demolition & Construction Waste Plan

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

 

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

 

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

 

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

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

Landscaping

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Survey Requirements

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

 

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

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

·            as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

Tree Management

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

 

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

 

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

 

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

 

 

Pruning of neighbours tree

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

 

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

 

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

 

Site Amenities

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

Occupation Certificate Requirements

50.     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

51.     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

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

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

 

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

 

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

 

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

 

Swimming Pool & Spa Pool Requirements

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

 

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

 

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

                 

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

 

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

 

Notification of Swimming Pools & Spa Pools

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

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

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

 

57.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

60.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development consent.

 

The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

Landscaping

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

 

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

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of premises

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

 

External Lighting

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

 

Street Numbering

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

 

Waste Management

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

 

Plant & Equipment

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

 

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

 

Swimming/Spa Pools

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

 

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

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

 

Air Conditioners

69.     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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A11     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A12     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.     

 

 


Attachment/s:

 

Nil

 


Planning Committee Report - 11 June 2013

Attachment 2

 

 

 

Development Application Report No. D39/13

 

 

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

Folder No:                   DA/496/2012

Author:                   Kerry Kyriacou, Manager Development Assessment     

 


Introduction

 

The development application involves demolition of majority of existing dwelling and carport, construction of part 2, part 3 storey dwelling with double garage, swimming pool and associated works.

 

The development assessment report for this application was withdrawn from the Planning Committee Agenda on 14 May 2013 to allow for a peer review to be undertaken of the merits of the proposal. A peer review was subsequently undertaken by Mr Lindsay Fletcher who is an independent planning consultant and is attached to this report.

 

Issues

 

The peer reviewer was satisfied that the “conclusions reached assessment report considered appropriately consider the relevant matters for consideration under the Environmental Planning and Assessment Act, 1979 and regulations and arrive at a considered and justifiable conclusion that the proposed development warrants conditional approval, notwithstanding the concerns raised in public submissions.” Notwithstanding, the peer review did find some “errors or inaccuracies” that should be addressed, but did not lead the reviewer to a different conclusion as to the acceptability of the proposal. In this regard, the reviewer has arrived at a different calculation of the gross floor areas of proposal to that of the assessing officer. Whilst it is acknowledged by the reviewer that the areas to be counted as floor area are open to interpretation given the definition of “gross floor area”, the report has been amended to reflect the gross floor area arrived at by the reviewer. It should also be noted that the area in question is an open deck that does not add to the bulk of the building and is acknowledged by reviewer to be “most unusual” to be included within the definition of gross floor area.  A reference to a lower FSR preferred solution and the calculation of wall height in the assessment report was also clarified in the peer review and the report has been amended consistent with the memos previously provided to the Councillors on this issue.

 

The peer review has also noted that many of the submissions to the proposal “have failed to understand the distinction between a “preferred solution” and a development standard on DCP control”. The preferred solutions are not compulsory standards but are only one way of achieving the objectives. Council’s DCP – Dwelling Houses and Attached Dual Occupancies is a performance based document that sets qualitative design objectives and allows the applicant to adopt innovative responses in the manner that the objectives are achieved. The reviewer is satisfied that the “approached adopted of assessing the proposed development against the “objectives” and “performance requirements” of Council’s DCP is the correct approach and leads to a considered and justifiable conclusion that the proposed development warrants conditional approval, notwithstanding the variations from the Council’s DCP “preferred solutions”.

 

The review has also recommended some additional conditions in relation to improving the privacy impacts on the adjoining property at No. 8 Palmer Street, increasing the floor to ceiling height of the proposal at the lower ground level to achieve a 2.4 floor to ceiling height, through some minor additional excavation and confirming that there is no additional excavation proposed beyond that identified in the DA drawings. These matters have been incorporated into the attached assessment report. The additional conditions are set out below:

 

1.  That the height of the eastern balustrade immediately adjacent to the eastern edge of the pool on the upper floor level be increased to a minimum of 1.6m above the finished floor level of the terrace for the length of that balustrade located south of the northern end of the proposed pool. Additionally, if the height of that balustrade located north of the northern end of the pool is not increased, a 1m wide and 1m deep planter is to be provided inside that balustrade on the section of the terrace located north of the pool in order to limit the proximity of people to the edge of the terrace and therefore limit the ability to look down into neighbouring private open space.

 

2.  That further excavation of the lower ground floor level be undertaken in order to achieve a minimum floor-to-ceiling height in habitable rooms of 2.4m. Further, the excavated material is to be retained and reused on site for minor filling as identified on the architectural plans or for infilling within the subfloor areas on the western  side of the lower ground. Floor.

 

3.  That prior to the issue of the Construction Certificate, the PCA is to provide written verification to Council that the floor area of the lower ground floor level on engineering and Construction certificate plans does not extend beyond that identified on Development Application drawing DA 2-7 issue B

 

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

 

The cost of the peer review is approximately $5,000.

 

Conclusion

 

The peer review has concluded that the application was appropriately assessed and warrants approval subject to some additional conditions.

 


 

Recommendation

 

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

 

 

 

 

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

2/7 Issue B

Domus Homes

May 2012

26 October 2012

3/7 Issue B

October 2012

26 October 2012

4/7 Issue C

March 2013

18 march 2013

5/7 Issue B

May 2012

26 October 2012

6/7 Issue B

May 2012

26 October 2012

7/7 Issue B

May 2012

26 October 2012

 

BASIX Certificate

No.

Dated

Single dwelling

433803S

26 June 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details of compliance are to be included in the construction certificate plans and documentation:

 

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

 

b)       The height of the balustrade along the eastern edge of the upper floor pool shall be increased to a minimum height of 1.6m above the finished terrace level for the length of that balustrade located south of the  northern end of the pool. Additionally, if the height of that balustrade on the section of the terrace located north of the pool is not increased to 1.6m, a 1m wide and 1m deep planter box shall be provided inside the balustrade on the section of the terrace located north of the pool.

 

c)       Further excavation of the lower ground floor area shall be undertaken in order to achieve a minimum floor to ceiling height of 2.4m for habitable rooms. The excavated material must be retained and reused on site for minor filling as shown on the architectural plans or for infilling within the subfloor areas on the western side of the lower ground floor.

 

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.

 

Floor area (lower ground)

4.       Prior to the issue of a Construction Certificate for the development, the appointed Principle Certifying Authority shall provide documentary verification to Council that the floor area of the of the lower ground floor on engineering and construction certificate plans does not extend beyond that identified on development Application Drawing DA2-7 Issue B.

 

External Colours, Materials & Finishes

5.      

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

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

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

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,191.556, the following applicable monetary levy must be paid to Council: $11915.55.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

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

 

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

 

Driveway Design

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

 

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

    

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Stormwater Drainage

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

 

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

 

13.     A site stormwater drainage system is to be provided in accordance with the following requirements (as applicable):

 

a)     The stormwater drainage system must be designed and constructed to satisfy the relevant requirements in the Building Code of Australia,

 

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

 

c)     The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit which drains to Council’s kerb and gutter outside the development site.

 

d)     Details of the design and construction of the stormwater drainage system and sediment site arrestor pit/s must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

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

 

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

 

Pump-out systems must be provided with two pumps and be installed, connected in parallel (with each pump being capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well is required to be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working,

 

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

 

h)     Details of the design and construction of the stormwater drainage system, sediment silt arrestor pit/s and pump out pits must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

14.     Sediment/silt arrestor pit/s are to be provided within the site at or near the street boundary prior to stormwater being discharged from the site. The sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements, to the satisfaction of the principal certifying authority:

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

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

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

·        A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·        A sign adjacent to this pit stating that:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

               

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

 

Street Tree Management

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

 

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

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

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement tree.

 

Tree Protection Measures

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

 

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

 

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

 

c)     This group of five trees/palms must be physically protected as one group by installing a row of evenly spaced star pickets that shall be installed hard up against the trunks of Trees 4-6 (so as to maintain the eastern side access), then step out to a setback of 1.5 metres off the trunks of Trees 2 & 3, extending 1.5m to the north of Tree 2, and matching up with the eastern site boundary, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached, so as to completely exclude this group for the duration of works.

 

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

 

e)     Ground levels within this TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and must remain as undisturbed, deep soil.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Demolition & Construction Waste Plan

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

 

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

 

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

 

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

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

Landscaping

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

 

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

 

 

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·                Work Health and Safety Act 2011

·                Occupational Health and Safety (Hazardous Substances) Regulation         2001

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

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

·                Australian Standard 2601 (2001) – Demolition of Structures

·                The Protection of the Environment Operations Act 1997

·                Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Survey Requirements

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

 

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

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

·                 as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

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

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

 

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

 

Tree Management

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

 

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

 

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

 

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

 

Pruning of neighbours tree

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

 

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

 

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

 

Site Amenities

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

50.     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

51.     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

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

 

Options may include one or more of the following measures:

 

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

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

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

Swimming Pool Safety

53.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

54.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

a)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

b)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

c)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

55.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” (which can be found on Council’s website under ‘Find a Form’) form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

56.     The owner/developer must meet the full cost for Council or a Council approved contractor to:

a)  Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b)  Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

c)  Reconstruct the concrete footpath along the full site frontage, where required by Council, TO IMPROVE GRADES OF THE Council footpath.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

57.     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.

 

58.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements: 

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to an occupation certificate being issued for the development, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

59.     The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

60.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development consent.

 

The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

Landscaping

61.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Concept Plan by Formed Gardens, dwg no.001, job no. FG 12 157, revision B, dated 25.6.12, and relevant conditions of consent, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

62.     The nature strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

 

Use of premises

63.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

External Lighting

64.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Street Numbering

65.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

66.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

Plant & Equipment

67.     The operation of all plant and equipment on the premises shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Office of Environment & Heritage (EPA) Noise Control Guidelines.

 

Swimming/Spa Pools

68.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 8.00pm on any Sunday or public holiday; or

·       before 7.00am or after 8.00pm on any other day.

 

Air Conditioners

69.     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

70.     The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

 

 

 

 

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A11     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A12     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 


Attachment/s:

 

1.

Peer Review from Planning Ingenuity

 

2.

Development Application Report - 6 Palmer Street, South Coogee

 

 

 


Planning Committee                                                                                             13 August 2013

 

 

Development Application Report No. D57/13

 

 

Subject:                  4B Neptune Street, Coogee (DA/340/2013)

Folder No:                   DA/340/2013

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Remedial maintenance works to Wylie's Baths including construction of 5 blade pier walls at base of cliff line at rear of boardwalk structure, new concrete wall below boardwalk, remedial works to footings and replacement of boardwalk support posts

Ward:                      East Ward

Applicant:                Mr C W Hahn

Owner:                         NSW Department of Lands - Crown Land Division

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The subject development application is referred to the Planning Committee as it relates to Wylie’s Baths, which is subleased from Randwick City Council.

 

The proposal is for Remedial maintenance works to Wylie's Baths including construction of 5 blade pier walls at base of cliff line at rear of boardwalk structure, new concrete wall below boardwalk, remedial works to footings and replacement of boardwalk support posts.

 

The development application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979. The proposal is considered to be entirely consistent with the provisions of State Environmental Planning Policy No. 71 – Coastal Protection and the Randwick Local Environmental Plan 2012, which must be considered in the assessment of the application. In addition, environment impacts are considered to be minor.

 

The application is recommended for approval, subjects to conditions to be placed on any consent.

 

2.    The Proposal

 

The application proposes remedial works to the structure which supports the timber deck/boardwalk at Wylie’s Baths. Overall the works comprise:

 

§  Construction of 5 x blade pier walls; three located at the northern end of the site and two at the southern end. The walls will sit at the base of the cliff line effectively at the ‘rear’ of the boardwalk structure. Given the nature of the site, the walls will be custom made on site to specially fit their location.

 

§  At the southern end of the site, construction of a mass concrete wall along the base of the boulders upon which the boardwalk structure is located. The wall will be 1m high x 0.8m wide and 15m long. Final dimensions may alter slightly to respond to site features as necessary.

 

§  Remedial works to 39 footings to the timber columns supporting the boardwalk structure. The works will consist of either the replacement of present footings with new footings or nominated repair works.

 

§  Replacement of 13 timber posts with new timber posts.

 

§  Installation of 1 additional timber post and footing at grid location E37.

 

§  Minor works in various locations such as painting of some sections of timber to protect from stormwater damage and the replacement of missing nuts.

 

 

 

 

 

 

 

 

 

 

 

 

 

3.    The Subject Site and Surrounding Area

 

 

Wylie’s Baths is a rock pool located on a rock shelf below Grant Reserve, 500m south of Coogee Beach. The site is bounded by Grant Reserve, which covers an area of approximately 3.6 hectares of elevated coastal land, to the west and south and by the Pacific Ocean to the north and east. The existing buildings on the boardwalk adjacent to the public rock pool include the men’s and women’s change rooms, toilets and shower, a kiosk and storeroom. A caretaker’s cottage is located adjacent to the entrance to the site.

 

The nearest residential development is located approximately 80-100m to the south and south-west of the site across Neptune Park, which comprises predominately of multi-unit housing development.

 

The Department of Land and Water Conservation (DLWC) is responsible for administering and managing the State’s Crown Land, which includes Coogee Beach and foreshore and the Baths. Randwick City Council holds the head lease with the DLWC.

 

The site is listed as a heritage item under Randwick LEP 2012 and is also listed on the State Heritage Register. The Statement of Significance for the site notes that Wylie’s Baths is of State significance as one of NSW’s oldest, most intact and best-known ocean swimming pools.

 

4.    Site History

 

DA/199/1993, Redevelopment of the Wylies Sea Baths - Approved on 14 July 1993

DA/1073/1999, Erection of new deck & extension of the central kiosk bldg for purpose of a juice bar Approved on 26 October 1999.

DA/644/2001   Allow use of Wylies Baths for the staging of social functions Approved on 04 December 2001

 

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the Randwick DCP 2013. The application was also advertised in the local newspaper between 19 June 2013 and 3 July 2013. No submissions were received.

 

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      Department of Planning and Infrastructure

The Department of Planning and Infrastructure were notified of the proposed development under the provisions of State Environmental Planning Policy 71 – Coastal Protection.

 

The Department of Planning & Infrastructure advised they had no additional matters for consideration apart from those listed under clause 8 of the SEPP. The additional matters of consideration under Clause 8, SEPP 71, include:

 

a)    the aims of this Policy set out in Clause 2,

b)    existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

c)    opportunities to provide new public access to and along the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

d)    the suitability of development given its type, location and design and its relationship with the surrounding area,

e)    any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of view from a public place to the coastal foreshore,

f)    the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

g)    measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

h)    measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats,

i)     existing wildlife corridors and the impact of development on these corridors,

j)     the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

k)    measures to reduce the potential for conflict between land-based and water-based coastal activities.

l)     measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

m)   likely impacts of development on the water quality of coastal waterbodies,

n)    the conservation and preservation of items of heritage, archaeological or historic significance,

o)    only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the menus to encourage compact towns and cities,

p)    only in cases in which a development application in relation to proposed development is determined:

i.     the cumulative impacts of the proposed development on the environment, and

ii.    measures to ensure that water and energy usage by the proposed development is efficient.

 

6.2      Heritage Officer

The development application was referred to the Heritage Officer for comments.

 

“The Statement of Significance for the site notes that “the elevated timber boardwalk is architecturally striking and rare in Sydney.  It is a good example of vernacular architecture and an ingenious design solution to the problem of providing amenities on a steep cliff face.” 

 

The landscape character of such sea baths results from the adaptation of man-made elements to a rugged coastal setting.  As compared to the treatment of Clovelly Bay and its southern headland, Wylie's Baths provide an example of an even balance of man-made and natural geological elements.  The visual character of Wylie’s Baths is made up of the horizontal sweep of the chequerboard railing to the boardwalk, supported above the concrete concourse and the natural rock shelves on stilt-like timber posts, relieved by the diagonals of timber bracing and timber stairs.  The curve of the boardwalk forms an interface between the natural cliff line and the L-shaped concrete concourse at sea level, which encloses the southern and western ends of the rock pool. 

 

The concourse comprises interconnected southern and “northern” sections.  The mass concrete wall and two blade piers walls will be constructed adjacent to the southern end of the southern concourse.  Three additional blade pier walls will be constructed to the northern end of the northern concourse.  The mass concrete wall is to support the overhanging rock faces above and will be around 800mm thick, 1m high and 14 – 15m long.  The blade walls are also to support the overhanging rock faces above and will be 350mm thick and between 2.0 and 2.9m high, the depth of the blade walls will be variable but apparently range from 1.2 – 1.5m.  The majority of the existing concrete footings to the existing timber posts require no work.  A number will be replaced by new concrete footings. 

 

New concrete footings will have a similar form and dimensions to existing concrete footings and will not change the appearance of the support structure.  The existing timber support structure provides uninterrupted views from the concourse to the cliff face.  Blade walls will somewhat reduce the openness of the undercroft area, creating several deep recesses between the blades, but are located to the rear of the undercroft area.  The mass concrete wall is a bulky element which will interrupt the continuity between the rock shelf and the boulders at the bottom of the cliff face, but will remain secondary to the boulders themselves.  The remedial works are required to stabilise the continually evolving natural environment of the coastal interface, with a focus on safety and security.  The concrete finish of the new structural elements is compatible with the natural sandstone of the rock shelves and the cliff face, and with existing concrete concourses.  While the new structural elements will increase the proportion of man-made fabric to modify and natural geological features, it is considered that a reasonable balance will be maintained.  It is considered that the proposal will maintain the heritage values of the site and allow for its continued enjoyment by the local and wider community. 

 

Recommendation

The following conditions should be included in any consent:

 

·      The colour and finish of the new structural concrete elements are to be compatible with the existing sandstone and concrete surfaces. 

 

·      Any replacement of existing structural elements or additional structural elements to the Wylie’s Baths site are to be the subject of a further separate development application or Section 96 application.”

 

Assessment Officer’s comments:

 

The application was accompanied by an exemption for the proposed works from the Heritage Council of NSW.

 

7.    Master Planning Requirements

 

There are no master planning requirements.

 

8.    Relevant Environmental Planning Instruments

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)    State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

SEPP 55 provides a framework for the assessment, management and remediation of contaminated land throughout the state. Clause 7(1) of the Plan prevents Council from consenting to a development unless:

 

§  it has considered whether the land is contaminated, and

§  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

§  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Wylie’s Baths, opened in 1907, are of State heritage significance as one of NSW’s oldest, most intact and best known ocean swimming pools. Accordingly, the site is not within an investigation are or contained under Table 1 of the contaminated land planning guidelines. The proposal is suitable for the proposed remedial works.

 

(b)    State Environmental Planning Policy No. 71 – Coastal Protection

The Policy aims to foster a strategic and consistent approach to coastal planning and management by nominating matters for consideration for the preparation of planning controls and the assessment of development applications, creating a state-level review process for significant coastal development proposals, and introducing ‘masterplan’ requirements for certain subdivisions.

 

The proposed remedial works are consistent with the aims of the Policy as it allows for the protection and management of a valuable cultural and recreational facility. The proposed works are necessary remedial works that will ensure the existing structure that provides access to Wylie’s Baths and foreshore remains safe.

 

Without the benefit of a site survey it is not possible to establish the location of the works relative to the mean high water mark on the site. Regardless, it is satisfied the blade pier walls and the footings of the structural posts are above the mean high water mark. The proposed mass concrete wall is arguably at, and possibly just below, the mean high water mark.

 

 

 

(c)    Randwick Local Environmental Plan 2012 (RLEP 2012)

 

Objectives of the RE1 – Public Recreation

The subject site is zoned RE1 ‘Public Recreation’ under Randwick Local Environmental Plan 2012.

 

The proposed development will be satisfactory with respect to the following relevant objectives:

 

§ To enable land to be used for the public open space or recreational purposes.

 

Comment: The continued use and upgrades will retain a facility which is important to the local community. The proposal will ensure the existing structure that provides access to the rock pool and foreshore remains safe.

 

§ To provide a range of recreational settings and activities and compatible land uses.

 

Comment: The continued use and upgrades will retain a facility which is important to the local community.

 

§ To protect and enhance the natural environment for recreational purposes.

 

Comment: The continued use and upgrades to Wylie’s Baths will enhance the natural environment for passive recreational purposes. The proposal allows for the protection and management of a valuable cultural and recreational facility.

 

§ To protect, manage and restore area with high biodiversity, ecological and aesthetic values, including buffer areas and habitat corridors.

 

Comment: The site does not support threatened species, populations or ecological communities and the scope of works would not be categorised as a ‘key threatening process’.

 

The remedial works are required to stabilise the continually evolving natural environment of the coastal interface, with a focus on safety and security.

 

Clause 5.5 – Development within the coastal zone

The site is mapped as being within the coastal zone. The visual presentation of the Baths will not alter and therefore no impacts arise relative to this consideration.

 

Clause 5.7 – Development below mean high water mark

Without the benefit of a site survey it is not possible to establish the location of the works relative to the mean high water mark on the site. Regardless, it is satisfied the blade pier walls and the footings of the structural posts are above the mean high water mark. The proposed mass concrete wall is arguably at, and possibly just below, the mean high water mark.

 

Clause 5.10 – Heritage Conservation

The development application has applied for exemption under Clause 57(2)

 

Clause 6.1 – Acid Sulfate Soils

Not classified as Acid Sulfate Soils under the Randwick LEP 2012.

 

Clause 6.2 – Earthworks

Excavation will be carried out in order to allow for the footings that form part of the remedial works. This will be minimal and have little to no impact.

 

Clause 6.12 – Development requiring the preparation of a development control plan

Areas of less than 10,000m2 does not require the preparation of a development control plan.

 

8.1 Policy Controls   

a.    Randwick Development Control Plan 2013

Due to the specific nature of the subject site and proposed remedial works, the DCP is not directly relevant to this project.

 

8.2 Council Policies  

Draft Plan of Management Coogee Beach Foreshore

The Draft Coogee Beach Foreshore Plan of Management provides Council with a set of policy and management directions for the future enhancement and management of the area as a whole.

 

It is considered that the proposed development is consistent with the relevant guiding principles contained in the draft Plan in that the proposal will ensure the continued use and safety of Wylie’s Baths.

 

Management Plan of Wylie’s Baths 1999

The Management Plan for Wylie’s Baths was prepared on behalf of the Wylie’s Baths Trust and focuses on the management, maintenance and upgrading of the Baths. The impetus for the Plan is the Trust’s requirement to undertake and fund almost all maintenance and improvements.

 

It is considered the proposed remedial works are consistent with the Plan of Management.

 

9.    Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Randwick Local Environmental Plan 2012.

The site is zoned RE1 Public Recreation under Randwick Local Environmental Plan 2012.

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 complement the aesthetic character, environmental qualities and social amenity of the locality.

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

Not applicable.

Section 79C(1)(a)(iii) – Provisions of any development control plan

Not applicable.

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 92 of the regulations requires indication of open coast high water mark.

Without the benefit of a site survey it is not possible to establish the location of the works in relative to the mean high water mark on the site. Regardless, it is satisfied the blade pier walls and the footings of the structural posts are above the mean high water mark. The proposed mass concrete wall is arguably at and possibly just below, the mean high water mark.

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 proposal has not fundamentally deviated from the existing structure and the works are required to ensure the existing structure that provides access to the rock pool and foreshore remains safe. 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 amended development will achieve consistency with the following outcomes and directions of the City Plan:

 

Outcome 2:       A vibrant and diverse community.

Direction 2b:      Enrich our range of community services that meet our community’s needs.

Direction 2d:      New and upgraded community facilities that are multi-purpose and in accessible locations.

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Direction 5a:      Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

Direction 5b:      A range of sporting and leisure activities.

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Direction 6b:      A range of sporting and leisure activities.

 

Financial Impact Statement

 

Any seasonal permit or temporary licence is subject to Council’s applicable schedule of Fees and Charges.

 

Conclusion

 

The proposal is consistent with the provisions of the RLEP 2012 for development within an RE1 Public Recreation, including heritage conservation guidelines. In this regard, the proposal is permitted, with consent.

 

The proposed work constitutes remedial maintenance works and environmental impacts are minimal.

 

The application is recommended for approval.

 

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. 340/2013 for remedial maintenance works to Wylie’s Baths, at No. 4B Neptune Street, Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received by Council

Proposed mass concrete Wall to support overhanging rock

No. T-12994.00.01

Opus

1/05/2012

6 June 2013

Proposed concrete blade wall to support overhanging rock

No. T-12994.00.02

Opus

17/09/2012

6 June 2013

Wylie’s Baths footing design sheet 1 of 4

No. T-12994.00.03

Opus

Amended on 6/6/12

6 June 2013

Wylie’s Baths footing design sheet 2 of 4

No. T-12994.00.04

Opus

24/01/2012

6 June 2013

Wylie’s Baths footing design sheet 3 of 4

No. T-12994.00.05

Opus

24/01/2012

6 June 2013

Wylie’s Baths footing design sheet 4 of 4

No. T-12994.00.06

Opus

24/01/2012

6 June 2013

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a.  The colour and finish of the new structural concrete elements are to be compatible with the existing sandstone and concrete surfaces.

 

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.       Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

The colour and finish of the new structural concrete elements are to be compatible with the existing sandstone and concrete surfaces.

 

Long Service Levy Payments

5.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Security Deposits

6.       The following 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:

 

·           $1,000.00   -      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

7.       All building, plumbing and drainage work must be carried out in accordance with any requirements of the Sydney Water Corporation.

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

·           Quick Check agents details -  see Building and Developing then Quick Check and

·           Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

8.       In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Structural Adequacy

9.       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 approved development and structural adequacy of the approved development to support the existing/remaining structure.

 

10.      Design Alignment levels

The design alignment level/s at the property boundary and their relationship to the immediate surrounds must be indicated on the building plans for the construction certificate and be consistent with those indicated on the approved development application. 

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

Stormwater Drainage

11.     Details of any changes to the storm water drainage system must be provided with an application for a construction certificate to the satisfaction of the Certifying Authority.

 

Where immediate public lands will be affected, details must be submitted to and approved by Council before commencing these works.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’ (PCA), as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Certification, PCA & other Requirements

12.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

Construction Noise & Vibration Management Plan

13.     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 EPA 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 EPA 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

14.     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.

 

CONSTRUCTION MANAGEMENT CONDITIONS:

The following conditions are applied to ensure that the development satisfies the terms of Council’s approval and relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

Demolition Work Plan

15.     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.

 

16.     A local approval must be submitted to and be approved by Council’s Building Certification Services section 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.

 

Public Utilities

17.     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

18.     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

19.     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

20.     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

21.     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 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.

 

Public Safety & Site Management

22.     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

23.     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.

 

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

24.     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.

 

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      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.

 

A3      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.

 

A4      Council’s Building Certification & Fire Safety team can issue your Construction Certificate 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 on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council 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 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.

 

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      Demolition work and removal of asbestos materials:

 

§  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.

 

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

A10     Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                             13 August 2013

 

 

Development Application Report No. D58/13

 

 

Subject:                  42-44 St Pauls Street, Randwick (DA/758/2012)

Folder No:                   DA/758/2012

Author:                   Wendy Wang, Senior Environmental Planner     

 

Proposal:                     Construction of 3 level multi unit residential building with 6 studio apartments, ground level car parking for 4 vehicles, roof terrace to rear of existing building, alterations to existing building, reconstruction of existing driveway and associated works (SEPP 1 Objection to maximum height standard)

Ward:                      East Ward

Applicant:                CMT Architects

Owner:                         Pan-Arcadian Assoc of NSW

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations to the maximum building height development standard stipulated in Randwick Local Environmental Plan 1998 (Consolidation) by more than 10%.

 

The applicant has submitted a SEPP 1 objection to development standards to address this non-compliance.

 

The application proposes alterations and additions to the existing double storey commercial building involving the construction of a residential flat building component attached to the rear of the existing building comprising 6 studio apartments, a roof terrace and car parking for 4 vehicles at the ground level. The proposal also includes reconstruction of the existing driveway/right of carriageway along the eastern and southern boundaries of the site and minor building works at the rear of the existing commercial building.

The site is located at “The Spot” in Randwick on the southern side of St Pauls Street, approximately 50m east of the intersection with Perouse Road and is occupied by a 2-storey commercial building known as “Pan Arcadian House”, which is listed as a heritage item in both RLEP 1998 (Consolidation) and RLEP 2012.  Currently the building is used for the purpose of a dance studio.

 

The proposal has been notified and advertised to surrounding properties from 5 – 19 December 2012 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, seven (7) submissions were received raising issues of traffic, access, parking, visual and acoustic privacy, overshadowing, heritage impacts, bulk and scale, height and accuracy of plans and accompanying documentation. These issues are addressed in detail in section 6 of this report.

 

The Randwick Local Environmental Plan 2012 was gazetted on 15 February 2013. Clause 1.8A of the RLEP 2012 requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 (Consolidation) that was in force immediately before the commencement of this plan. The subject application was lodged on 21 November 2012, and is therefore subject to the savings provision.

 

The site is located within Zone No. 3B (Local Business Zone) under RLEP 1998 (Consolidation) and the proposal is consistent with the zoning objectives.

 

The proposal has a floor space ratio of 1.22:1, which complies with Clause 20F(3) of the RLEP stipulating a maximum floor space ratio of 1.5:1 for buildings located within Local Business 3B zones. 

 

The proposal has a maximum height of 13.72m (for the bulk of the built form when measured to the top of the roof terrace planter box) and 15.45m when measured to the top of the metal shade structure on top of the roof terrace. It is noted that both measurements are taken from the north western corner of the development as the existing ground level of the site is lowest at this point. The proposal does not meet the maximum building height standard as contained in Clause 20G(5) of the RLEP, which stipulates a maximum building height of 12m for developments located Local Business 3B zones.

 

The applicant has submitted a written objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the above breach will not result in significant adverse amenity or visual impacts on the area. The non-compliance with the building height standard is deemed to be acceptable as the resultant built form is commensurate in bulk and scale with the surrounding development. The SEPP No. 1 Objection has been assessed and is supported.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory and have been assessed to be relatively recessive to the existing heritage item. The design carries positive architectural merits and will be sympathetic to the character of the existing building and surrounding streetscape.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the relevant Development Control Plans (Parking and DCP No. 22 - The Spot and Surrounds) have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining development and the character of the locality.

 

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.

 

2.    The Proposal

 

The application proposes alterations and additions to the existing double storey commercial building involving the construction of a residential flat building component attached to the rear of the existing commercial building comprising 6 studio apartments, a roof terrace and car parking for 4 vehicles at the ground level. The proposal also includes reconstruction of the existing driveway/right of carriageway along the eastern and southern boundaries of the site and minor building works at the rear of the existing commercial building.

The proposed development comprises:

Lower ground

(RL 58.80):

Undercover parking for four (4) vehicles; lift and stairs to upper levels; mailbox facilities at street entrance; ventilated garbage room in the basement of the existing commercial building.

Ground floor (RL 62.00):

Lift, entry lobby to Studio Apartments 1 and 2; new doorway into commercial building from entry lobby.  The layout of the apartments is identical and comprises:-

·        Entry, open kitchenette/dining/living room leading to bedroom behind screen wall; bathroom/WC/laundry;

·        Each apartment has access to a balcony with an area of 8.22sqm

·        Each apartment has a floor area of 39.99sqm.

First floor (RL 64.90):

Lift, entry lobby to Studio Apartments 3 and 4; new glazing and entry off lift lobby to commercial building.

Second floor (RL 67.80):

Lift, entry lobby to Studio Apartments 5 and 6.

Roof level (RL 70.50):

Lift and stair access to partially covered roof terrace with planter box landscaping on the perimeter and privacy screening structures.

 

The existing and proposed gross floor area of the development is summarised as follows:-

 

 

Existing commercial

Proposed residential

Total

Lower Ground Floor

86m2

N/A

86m2

Ground floor

280m2

79.98m2

359m2

First floor

280m2

79.98m2

359m2

Second floor

N/A

79.98m2

79.98m2

Total

646m2

239.94m2

885.94m2

Site Area

 

 

727.2m2

Floor Space Ratio

0.89:1

0.33:1

1.22:1

 

The proposed residential development will have access to communal open space on the roof terrace of 82.79sqm.

 

3.    The Subject Site and Surrounding Area

 

The site is located at “The Spot” in Randwick on the southern side of St Pauls Street, approximately 50 east of the intersection with Perouse Road and is occupied by a 2-storey commercial building known as “Pan Arcadian House”.  Currently the building is used for the purpose of a dance studio.

 

The site, known as Lot 2, DP 303070, is generally rectangular in shape with a frontage to St Pauls Street of 14.4m, a rear boundary width of 14.14m and side boundary lengths of 46.585m (east) and 45.535m (west). The site has a total area of 727.2sqm.

 

The site falls from the street to the rear by in the order of 2.5m and a slight cross fall, east to west, of 0.5m.

 

The site is burdened by an easement (right of carriageway) 2.805m wide along its eastern and southern boundaries.

 

The surrounding development comprises of the following:-

 

East -      mixed use part 2/part 3-storey building comprising a real estate agency on the ground floor and residential over and at the rear (46 St Pauls Street); a 3-storey residential flat building (46A St Pauls Street)

 

             a 3-storey mixed use (retail/residential flat building) at 46-50 St Pauls Street; predominantly 2/3-storey mixed commercial/residential buildings fronting St Pauls Street

 

North -    The Ritz Cinema and the Brigidine College and public carpark and Brigidine College Campus

West -     2-storey terrace with retail/commercial at ground floor and residential over (36-40 St Pauls Street); 4-storey mixed development fronting Perouse Road

 

                 2-storey terraces with ground floor retail/residential over to Perouse Road

 

South -   rear boundaries of residential allotments (71-73 Perouse Road) fronting Perouse Road.

 

Photographs of the site and surrounds

1. The existing building (Pan Arcadian House) viewed from St Pauls Street

2. Existing 2/3 storey commercial and residential at 46 St Pauls Street to the east of the site.

3. Existing 2 storey commercial and residential at 34, 36-40 St Pauls Street to the west of the site.

4. The Ritz Cinema and commercial development north of the subject site across St Pauls Street.

5. Rear of the subject site  

6. Development to the south (rear) of the subject site

 

4.    State Environmental Planning Policy (SEPP) No. 1 Development Standards

 

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

Maximum building height

Clause 20G(5) stipulates a maximum building height of 12m for developments located in Local Business 3B zones as indicated by distinctive shading on the map

 

The RLEP defines building height as: the vertical distance from the highest point on the building to the ground level and includes ancillary services, installations and works (including works to conceal and integrate services) unless the Council is satisfied that they will not adversely affect the amenity of adjoining or nearby land.

 

The proposal has a maximum height of 13.72m (for the bulk of the built form when measured to the top of the roof terrace planter box) and 15.45m when measured to the top of the metal shade structure on top of the roof terrace. It is noted that both measurements are taken from the north western corner of the development as the existing ground level of the site is lowest at this point. The proposal therefore does not comply with Clause 20G(5) of the RLEP.

 

4.1      Development standards

The proposal seeks variation to the following control contained in RLEP 1998:

 

·      Clause 20G(5) 12m maximum building height 

 

The above provision is a numerical development standard contained in the statutory plan.

 

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:

 

4.2      The purpose of the standards

The stated purpose of the standard as outlined by the RLEP is: 

 

Maximum building and external wall height:

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.

 

4.3      Consistency of the development with the aims of SEPP 1, the local planning objectives for the locality and objects of the Environmental Planning and Assessment Act 1979, as amended

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 applicant has submitted a written SEPP 1 Objection, which outlines the following key justifications for the variation to the relevant development standard:

 

Maximum building height

·       In the circumstances of this case the proposed additions are at the rear of a large commercial building and not visible from the public domain, thereby having no influence on the streetscape of the locality.

·       The proposed addition will be subservient in height to the existing commercial building on the site which achieves a height of 15.2 metres at its southern (rear) façade.

·       Similarly, the proposal will not introduce any adverse amenity impacts on residential uses in the vicinity such as overlooking and overshadowing given the physical separation of the proposed addition from its neighbours and screening measures embodied in the design to ensure privacy for its occupants.

·       The non-complying elements of the building are the rooftop balustrade (to planter boxes) and the roof structure to the communal open space on the roof level.  These elements will not create significant bulk impacts.   The roof over the roof terrace is well setback form the perimeter of the building so that it is recessive element and does not create significant visual or overshadowing impacts. Furthermore, the balustrade forms part of a planter box structure with the purpose to provide appropriate privacy outcomes for persons using the communal open space on the roof.

·       In considering the impact of this non-compliance, it should be noted that the building, in terms of its height, size, bulk and scale, is consistent with that of a number of other buildings in the locality, and is lower than the existing building on the site.

·       In respect to the non-complying elements of the building (the balustrade and roof over part of the rooftop terrace), the shadow diagrams clearly demonstrate that all of the properties adjoining or adjacent to the subject site receive in excess of three (3) hours of solar access over their elevations and to more than 50% of their open space between 9am and 3pm on 21 June. Clearly, the non-compliance with the building height standard will not contribute to any adverse overshadowing impacts on its neighbours.

·       The purpose of the balustrades and rooftop structure is to provide a suitable communal open space area for occupants of the 6 studio apartments, given the absence of ground level open space due to the eastern and southern boundaries of the allotment being burdened with Rights‑of-Carriageway for adjoining allotments.

·       The use of the balustrade/planter boxes on the perimeter of the roof terrace is to maximise visual and acoustic privacy for both neighbouring residents and future occupants of the proposed development.

·       In the circumstances, the non-complying elements (the balustrades) assist in preventing overlooking of adjoining properties without introducing adverse visual bulk issues.

Assessment Officer Comments: It is considered that the proposal is satisfactory and compliance with the purpose of the development standard is unreasonable and unnecessary based on the following reasons:

 

·         The bulk of the proposed building mass has a maximum height of 13.72m (when measured to the top of the roof terrace planter box). Although in excess of the maximum building height control as contained within the RLEP, as discussed in the relevant sections of this report, the proposal does not result in any unacceptable amenity impacts to surrounding development.

·         The top of the metal roof canopy over the proposed roof terrace has a maximum height of 15.45m. As this roof canopy is of lightweight construction and significantly set back from the boundaries of the subject site (between 4.9m – 6.35m from the side and rear boundaries – these setbacks include the width of the right of ways on the eastern, western and southern sides of the site).  As such, the additional height of the roof awning structure will not adversely affect the amenity of adjoining or nearby land.

·         The non-compliance with the building height standard does not give rise to any unreasonable adverse amenity impacts on adjoining properties in terms of overshadowing and overlooking;

·         The proposal is considered to adequately respond to the site constraints recognising the heritage significance of the existing commercial building and designing the bulk of the residential additions at the rear to be subservient in height to the existing building;

·         There will be no adverse visual impacts on the retained heritage item or to the streetscape of St Pauls Street;

·         The scale and massing of the building on the site is appropriate and responsive to the changing character of the locality;

·         The proposal achieves compliance with the planning controls embodied in DCP 22 and the design standards in SEPP 65 – Design Quality of Residential Flat Development;

·         The proposal will provide a high quality of independent accommodation close to public transport, the University and Hospital;

 

·         Development within the visual catchment of the site can be best described as varied, where residential flat buildings exist amongst various commercial uses and single storey dwellings, as such, the subject development will maintain a consistent scale with that of the varying surrounding built form as an additional component to the existing building;

 

·         The proposal responds well to the existing context and provides contemporary housing for the community;

 

·      Council’s Design Review Panel endorses the proposal and provided the following comment (specifically with regard to the built form of the development):-

 

“The building exceeds the Council’s height controls by approximately 1m – 2.75m, however it is the Panel’s view that this does not create any adverse visual impacts. The proposed height is entirely below the ridge of the existing building”.

 

·      The proposed building bulk and associated use have been appropriately considered, minimising environmental impacts upon surrounds while enhancing internal amenity, given:

 

The building has been appropriately articulated and modulated. Fenestration, material variation and private open spaces have been incorporated in order to minimise external bulk and scale through effective design;

The building is does not impose unnecessary or avoidable solar obstruction to neighbouring sites;

The proposed building bulk promotes an intensity of use that is reasonable in the context of the site and considers adjoining amenity;

The proposal supports a residential intensity that is reasonable for the site, with regard to context and zoning;

The proposed built form does not detract from the existing attributes of the heritage item or surrounding Local Business Zone and provides an articulated contemporary addition of appropriate scale;

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. Moreover, the applicant has appropriately justified that the strict compliance with the development standards of Clause 20G(5) is unreasonable and unnecessary in the circumstances of the case.

 

Conclusion

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 been 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 standard for building height is not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal will also be consistent with the objectives of the 3B Zone in that the development will deliver a medium density housing development, which is compatible with the desired character of the locality. The proposal maintains the primary business function of the zone and as discussed in the relevant sections of this report, does not result in any undue adverse impacts to the amenity currently enjoyed by surrounding residential and business uses.

 

Matter 3

The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

 

 

 

·      Comments:

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not allow the best economic use of the site and the delivery of a suitably proposal to improve the existing residential development in an established neighbourhood.

 

The strict adherence to the numerical building height standard is this instance, not considered necessary given:

 

·      The proposed building bulk has been appropriately designed to minimise any resulting environmental impacts upon surrounds.

·      The proposed building bulk supports an intensity of use that is generally reasonable in the context of this site and considers adjoining amenity.

·      The proposal is generally consistent with the objectives of the zone.

 

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 in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

Second

A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purpose of the building height standard. 

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 purpose of the standard would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed building height provision will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale is compatible with the surrounding local business area and represents a suitable development for the zone.

 

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 building height development standard has not been abandoned or discarded by any decision or actions of Council.

 

Each development application received by Council is assessed with regard to its merits. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The existing 3B Local Business Zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, the RLEP has maintained the 3B zoning for the site until RLEP 2012 came into effect which zoned the site B1 Neighbourhood Centre.

 

5.    Site History

 

PL/34/2007 - The proposal was the subject of a prelodgement meeting held between the applicants and Council Officers on 6 August 2007.

 

The applicant was advised that the following matters should be carefully considered:

 

·      The internal planning does not appear to optimise the minimal space available;

·      The southern units are relatively small (the ideal minimum area for a studio is around 38.5m2). More efficient planning of the access stair may address this by enabling the common corridor to be allocated to the apartments;

·      Balconies should be a minimum size of 6m2 and would be more useable without the splay (this may only be possible at upper levels due to the head room requirement for vehicular traffic);

·      Storage should be provided at a rate of 6m2 per unit (not necessarily within the apartments);

·      The proposal as presented forms a poor relationship to the existing heritage item as there is inadequate visual distinction between new and existing work particularly on the western elevation where materials and articulation require particular attention;

·      The link on the eastern elevation relating to the existing exposed stair and roof structure is poorly resolved;

·      Poor use of colours, materials, fenestration patterns and proportions;

·      Safety and security issues such as entry path location, visibility, passive surveillance, parking areas and details of lighting/security and access measures;

·      There is potential for overlooking of the rear private open space of existing residential properties to the south from the balconies and kitchen windows. A side orientation for the balconies may be less intrusive and provide passive surveillance of access routes (any impact of this upon properties to the side would, however, need to be carefully considered);

·      Storage facilities for bicycles should be provided;

·      Convenient location of mail boxes sympathetic to the heritage item should be indicated;

·      Appropriate garbage/recycling facilities should be provided.

 

At the time, the recommendation provided to the applicant by both the Design Review Panel and Council explicitly advised that the addition will be required to be modified to improve occupant and neighbouring amenity and achieve a better contextual relationship with the existing heritage item. 

 

DA/995/2010 – proposing alterations and additions to the existing heritage item on the subject site and construction of 6 studio apartments in 3 level rear addition with ground floor carparking for 4 vehicles. 

 

A proposal was lodged on 12 November 2010 and withdrawn on 14 September 2011. It is noted that the subject application details a similar development to that of DA/995/2010, which had already been reviewed and in principle, endorsed by the SEPP 65 Design Review Panel.

 

6.    Application History

 

The subject application was lodged on 21 November 2012. The plans and supporting documentation were referred to the Design Review Panel for SEPP 65 - Design Quality of Residential Flat Development, Council’s Environmental Health Officer, Building Officer, Development Engineers and Heritage Planner for comment. The application was referred to the SEPP 65 Design Review Panel on 3 December 2012.

 

Council’s Assessment Officer, in a letter dated 31 January 2013 raised the following issues (issues have been summarised):-

 

Right Of Way Issues

The proposed pump out tank will be located within the right of Way at the rear of the site and there are concerns that the applicant/builder may not be able to comply with the terms of the right of way in that access to the lots served by the right of way to the west will not be able to be maintained and construction will likely involve severe disruptions to access.

 

Additional information is required in the form of a site construction traffic management plans to demonstrate how this access will be maintained and that the terms of the right of way can be complied with. It should also demonstrate how any necessary disruptions can be minimized. The applicant should also attempt to get the plan signed off by affected properties if possible.

 

The applicant/engineer may also wish to consider the alternative of relocating the pump-out tank outside of the right of way.  If practical this may be able to be imposed by condition.

The receipt of the parking and traffic study is acknowledged and Development Engineering notes the requirements of Council’s DCP-Parking have been complied with.

 

SEPP 65 comments were provided to Council on 11 December 2012 and forwarded to the applicant on 19 December 2012.

 

In response to the DRP comments and Council’s request for information, a final set of amended plans reflecting modifications recommended by the DRP and Council Officers were received on 5 February 2013 detailing the following changes: -

 

·      Ceiling fans shown in each dwelling

·      Clothes lines provided to all balconies

·      Window and door operation shown throughout

·      Laundry, bath and kitchen areas adjusted

·      Security fence and gate enclosing the stair and lift with intercom

·      A tree is proposed to the south eastern corner of the site with extent of growth shown

·      A hydrant booster is shown along the front boundary

·      BCA report and colours and materials board submitted

·      Canopy, balustrade and wall sections have been shown in 1:20 detail

 

The applicant was further requested to submit an acoustic report for the purpose of assessing the potential impacts to the proposed residents from external noise sources and to surrounding neighbours from emissions from the proposed development. Environmental Noise Assessment prepared by Acoustic Logic Pty Ltd, referenced 2010307.2/0706A/R0/GW, dated and received by Council on 7 June 2013.

 

The noise assessment report contained a number of recommendations (most of which involve physical building works) to achieve compliance with recommended noise levels. These works are recommended to be carried out to the Dance Studio, which does not form part of the subject application. The applicant and owner of the site (Pan Arcadian Association) have confirmed in an email dated and received by Council on 17 July 2013 that no objections are raised to Council’s imposition of appropriate conditions of consent requiring acoustic treatment of the existing dance studio in conjunction with the building works proposed under the subject development application.

 

These plans and supplementary documentation form the subject of the current assessment and are considered to adequately address the issues raised by Council and the Design Review Panel.

 

7.    Community Consultation

 

The proposal has been notified and advertised to surrounding properties from 5 – 19 December 2012 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, six (6) submissions were received from

 

·      61 Perouse Road, Randwick

·      46 St Pauls Street, Randwick

·      4/46 St Pauls Street, Randwick

·      75 and 73 Perouse Road, Randwick (one owner) 

·      6/55 Perouse Road, Randwick

·      The Spot Precinct Committee

 

raising the following issues:

 

·      Additional traffic will negatively impact the adjoining sites due to the right of way/access to and from the site

·      The proposal exacerbates existing congestion and parking issues in the area

·      Insufficient on site parking has been provided resulting in increased pressure on surrounding streets

·      The proposal has an inadequate parking configuration and will encourage people to park in the right of way due to difficult access.

·      The corners of the right of way should be splayed to improve vehicle maneuverability.

·      Adding pedestrian traffic to the right of way is dangerous

Council’s Development Engineers have assessed the application and no objections have been raised on safety, parking or traffic grounds. The proposed parking provision is generally in compliance with the relevant requirements under Council’s DCP – Parking. Refer to sections 8.1 and 11.2 of this report for detailed discussion.

 

·      The proposal will result in additional noise from more residents and air conditioning units

No air-conditioning units have been proposed. Notwithstanding this, standard conditions addressing plant and equipment noise emissions have been imposed.

 

An acoustic report has been submitted with the application and referred to Council’s Environmental Health Officers for comment. No objections have been raised and a suitable condition has been included with this consent requiring an additional acoustic report to be submitted to the satisfaction of Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations). The assessment and report is required to include all relevant fixed and operational noise sources.

 

·      The proposal will be highly visible from the surrounding area and is a modern design which will be an eyesore, which is inappropriate for the surrounding heritage area 

The site is within The Spot heritage conservation area and therefore under the relevant clauses of RLEP and the DCP No. 22 – The Spot and Surrounds, consideration must be given to the impact of development upon the heritage significance of the subject and adjoining buildings and the conservation area.

                                     

The proposal and accompanying Heritage Impact Statement has been assessed by Council’s Heritage Planner and no objections have been raised. The simple forms and detailing will relate sympathetically to the heavy masonry character of the existing building. It is considered that the proposed development will not impact on the streetscape character of The Spot heritage conservation area or the setting of the Ritz cinema opposite. 

 

Refer to Sections 8.4 and 11.2 of this report for detailed discussion.

 

·      The proposal does not meet development controls for height, density 

·      Overdevelopment of the site

·      The proposal has an excessive and non compliant FSR

·      The proposed height is excessive and is out of character with the surrounding development

·      FSR has not been correctly calculated by the applicant

The application proposes variation of the maximum building height standard of the RLEP and complies with the development standard for maximum floor space ratio. The variation is discussed within the “SEPP 1” section of this report (Section 4).

 

The height, scale and massing of the proposed development are considered to be generally consistent with the character of the streetscape and will provide a contemporary built form which is commensurate with established development in this section of St Pauls Street and the surrounding conservation area.

 

Council officers have undertaken their own analysis of the site and application and have not relied solely upon the information provided by the applicant in the assessment of the application.

 

·      No drainage details have been provided. There is an existing problem with runoff into adjoining site

Stormwater drainage plans have not been approved as part of this development consent. Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority. A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

·      The proposal will compromise the existing level of fire safety. Emergency egress must be maintained and the right of way be kept clear at all times. The proposal des not address aspect of safety.

A BCA report (prepared by Matt Shuter & Associates, dated 16/08/2012, referenced MSA0087AB-REV00) has been submitted to Council on 5 February 2013 detailing appropriate recommendations to address the relevant fire safety considerations.

 

·      During construction, the right of way must be accessible at all timed and all building equipment/materials should be kept within other areas of the site. A pre construction report should be submitted indicating all construction/site delivery details.

·      Council contact details should be provided for resident complaints and breaches of conditions of consent.

A suitable condition has imposed requiring the submission of a detailed Construction Site Traffic Management Plan that must be submitted to and approved by Council, prior to the issuing of a construction certificate.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Measures to minimize disruptions to neighbours access via the existing Right of Way

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

Further, the applicant is required to submit an application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in St Pauls Street for the duration of the demolition & construction works. 

 

·      The proposal will generate more air pollution due to additional vehicles on the site

Anticipated vehicular traffic and level of additional air pollution associated with the proposed development is likely to increase marginally. However, given the extent to which exhaust fumes and particulate matter are dispersed by prevailing breezes it is unlikely that such an impact would be concentrated in any one particular location.

 

·      Accompanying shadow diagrams do not accurately represent site conditions and degree of potential overshadowing.

·      Loss of sunlight to No. 46 St Pauls Street

Refer to Section 13 of this report for detailed assessment

 

·      Loss of privacy to the rear of No. 46 St Pauls street and privacy screens must be implemented to mitigate overlooking 

Refer to Section 13 of this report for detailed assessment

 

·      The existing dance school is extremely noisy and has not been taken into consideration in the current application. The noise will be clearly audible from the proposed development and any noise assessment report should factor this into consideration.

The applicant was required to submit an acoustic report for the purpose of assessing the potential impacts to the proposed residents from external noise sources and to surrounding neighbours from emissions from the proposed development. Subsequently, an Environmental Noise Assessment prepared by Acoustic Logic Pty Ltd, referenced 2010307.2/0706A/R0/GW was submitted, dated and received by Council on 7 June 2013.

 

The noise assessment report contained a number of recommendations to achieve compliance with recommended noise levels. Appropriate conditions of consent have been included within the recommendations section of this report requiring acoustic treatment of the existing dance studio in conjunction with the building works proposed under the subject development application.

 

The report has been referred to Council’s Environmental Health Officer for comment and no objections have been raised in relation to the proposed recommendations for acoustic treatment. A condition has also been included with this consent requiring an additional acoustic report to be submitted to the satisfaction of Council prior to an occupation certificate being issued for the development.

 

It is noted one (1) submission (in addition to the six mentioned above) was received on 28 May 2013 making reference to the Acoustic Assessment Report and its failure to address existing noise complaints from the operation of the dance studio. The objector’s concern regarding the noise levels from the dance studio and its impact upon the amenity of the future occupants of the site have been addressed above.

 

The operation of the dance studio and resultant impacts do not relate directly to the subject application and the complaint was forwarded in writing to Council’s Environmental Health & Building Services Department on 25 July 2013 for further investigation and action if necessary. 

 

The submission also reiterates other matters relating to the proposal’s impact upon the surrounding heritage conservation area, overshadowing, privacy and traffic. As these concerns have already been addressed above, no additional discussion is required.

8.    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:-

 

8.1      Development Engineering Comments

An application has been received for construction of 3 level multi unit residential building with 6 studio apartments, above ground level car parking for 4 vehicles with roof terrace to rear of existing commercial building, alterations to existing building, reconstruction of existing driveway and associated works (Heritage Item; SEPP1 Objection to maximum height control at the above site.

 

This report is based on the following plans and documentation:

·      Architectural Plans by  CMT Architects  dated October 2011;

·      Statement of Environmental Effects by KN Planning dated October 2012

·      Traffic & parking Assesment report by Varga traffic Planning dated 5th December 2011.

 

General Comments

The Development Engineer conducted a site inspection of the property on Thursday 31st January 2013 and a detailed assessment has been undertaken. The following comments and conditions are now provided. 

 

Drainage Comments

Following issues raised in previous memo on right of way access during construction, the applicant has chosen the option of relocating the pump-out system outside of the area of right of way. This can be dealt with by condition.

 

The Planning Officer is therefore advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

The issues in relation to maintaining access can be greatly reduced by the relocation of the pump-out system. It is considered any remaining issues can be addressed through issues of consent and such as the submission of site construction traffic management plan. Appropriate conditions have been included in this report.

 

Parking Comments

Parking Provision

The existing site consists of a two storey brick building that is operating as a dance studio. There appears to be no formal carspaces approved for the existing development but patrons of the dance studio occasionally park informally at the rear of the site. It was noted that at the time of site inspection a No-parking sign has been installed at the rear of the site.

 

The proposed development is for 6 studio apartments which are all 40m2. Council’s DCP-Parking specifies a parking rate of 1 space per 2 studio units plus 1 visitor space per 4 units.

 

Parking Required = 6 x 0.5 + 6/4 (visitor) =  4.5 spaces

Parking Provided  = 4.0 spaces

 

Parking shortfall = 0.5 spaces (11%)

The parking deficiency is minor and not considered critical

 

It is noted that no parking for the dance studio has been provided but as no approved spaces are in existence on the property this deficiency can be considered as ‘existing’.

 

For the purposes of the assessment, Development Engineering is only concerned with the additional parking impacts resulting from the proposed development.

 

Right of Way Comments

Access to the proposed rear carpark is provided via a driveway running along the eastern side of the property. The internal driveway is narrow (2.9m measured) and currently provides vehicular access to a number of carparking spaces for other properties, (there is a right of way over the development site in favour of other properties). The right of way over the development site will need to be amended/altered so as to accommodate sweeping paths for the B-99 design vehicle in AS 2890.1:2004 including appropriate splay corners at the south eastern and south western corners of the proposed carpark. 

 

The site traffic management plan will have to contain details on how the right of way access will be maintained during construction.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the proposed works are between $1 and $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with Aerial Bundled Cables in the vicinity of the development site,

 

Landscape Comments

The existing footpath has already been upgraded in ‘The Spot’ Commercial Centre paving design, so a new design will not be required; however, any damage sustained as a result of the works will need to be reinstated to its former condition using identical materials and finishes, at the applicant’s cost.

 

While there are no external works proposed as part of this application, there is a 4-5m tall Sapiumf sebiferum (Chinese Tallowwood) growing within a tree square on the St Pauls Street footpath, centrally across the width of the site, to the west of the existing vehicle access, which appears in good health and condition and is covered by Council’s TPO.

 

This tree is part of a formal strategy of this species throughout The Spot Commercial Centre, and while it will need to be physically protected, only minimal measures are required to ensure this, with a refundable deposit imposed as security for compliance.

 

About halfway along the length of the internal driveway which runs along the eastern site boundary, there is a large and mature Cocos Palm of about 12m in height that is growing wholly within the rear yard of the adjoining property to the east, no.46-46A, and other than pruning some overhanging fronds to avoid conflict with the new extension which is shown directly off the rear of the existing building, it will remain unaffected, with the relevant consent for this pruning included in the report.

 

Similarly, beyond the rear (southern) site boundary, and southern side of the existing Right of Way, growing wholly on the adjoining property at 65-71 Perouse Road, there is a large Ailanthus altissima (Tree of Heaven), of 12 -15m in height whose northern aspect overhangs the right of way and then slightly into the southeast corner of the subject site, and may be in conflict with the southeast corner of the new building.

 

While this species is exempt from Council’s TPO due to being classified as an invasive weed, conditions allowing clearance pruning where necessary have been included in this report.

 

The other trees to its west, being a 4m tall Bangalow Palm, then a large leafed Privet, would both remain completely unaffected given the small size of the palm, with the Privet also exempt from the TPO due to being an environmental weed, and due to all works being restricted to the northern side of the Right of Way, between 7-15m away, conditions for these trees are not required.

 

Dwg DA-06 shows a raised masonry planter around the perimeter of the rooftop/terrace, and while landscape treatment has been indicated, a formal plan has not been submitted with this application, and as such, conditions ensuring the use of both suitable species and an appropriate design/layout have been included in this report.

 

Should the application be approved the appropriate nominated conditions shall apply.

 

8.2      Environmental Health Comments

Noise

Noise has been considered as an issue and an acoustic report has been submitted with the application.

 

The acoustic report provides recommended measures for both the proposed units and operation of the existing dance studio fronting St Pauls Street.

 

The recommended measures are required to be complied with in the recommended conditions in this report.

 

Subject to the operation of the dance studio demonstrating compliance with the relevant criteria and all recommended measures contained in the acoustic report being adopted/implemented, the proposal is deemed to be acceptable in relation to acoustic impacts. An appropriate condition of consent has been included as mechanism to ensure this requirement is met.

 

Should the application be approved the appropriate nominated conditions shall apply.

 

Planners comment:

Part 7 of the Environmental Noise Assessment (referenced 2010307.2) and prepared by Acoustic Logic nominates a number of recommendations for mitigation of noise from the existing dance studio, namely: -

 

7.1 Glazing

The glazing of the proposed studios shall be minimum 5mm glass with acoustic seals equal to Q-Lon which provide Rw/STC 28.

7.2 Entry Doors

Entry door of each studio shall be minimum 40mm solid core with acoustic seals equal to Raven RP10 on top and sides, RP 38 at the bottom.

 

7.3 Dance Studio Noise Control

·      Install noise limiter within internal space of ground and 1st floor Dance Studio to limit maximum noise level 85 dB(A).

·      Add another solid core door to the exist doorway along southern façade to make it air lock. The new solid door shall be minimum 40mm thick with acoustic seals around perimeter.

·      No operation during night time period: 10pm to 7am Monday to Saturday, 10pm to 8am during Sunday and public holidays.

·      Vibration isolate the speakers within Dance Studio by Embelton NRD mounts or equal.

 

The above recommendations have been incorporated into a condition of consent (condition No. 11) requiring all recommendations detailed in the acoustic report to be fully complied with and details of compliance to be forwarded to Council with the Construction certificate and prior to an occupation certificate. Further, the recommended changes have been discussed with Council’s Heritage Planner and no objections are raised to the items proposed above.

 

In relation to the hours of operation, it is noted that the approved hours (under DA/286/2002) are as follows: -

 

Monday to Thursday           -  9am - 11am and

                                      -  4pm to 9pm

Friday                              -  4pm to 7pm

Saturday                          -  9am to 4pm    

Sunday                            -  closed

 

The existing hours of operation are consistent with that as recommended by the report.

 

8.3      Building Services Comments

Building Services Officer advises that no objections are raised to the proposal in relation to building issues subject to conditions should approval be granted.

 

8.4             Heritage Planner

The Site

The site is occupied by a former Masonic Temple listed as a heritage item under Randwick Local Environmental plan 1998 (Consolidation).  The Randwick Heritage Inventory Sheet for the building notes its “very fine mouldings for the period.  Little altered. Very good example of Classical Revival style Masonic Hall”. The site is within The Spot heritage conservation area.  On the opposite side of St Pauls Street is the Ritz cinema which is listed as a heritage item and also on the State Heritage Register. 

 

Background

DA/995/2010 to construct a residential development at the rear of the building was withdrawn in September 2011.  The development comprised three levels with lower ground level parking and a roof top terrace.  The two storey front section of the building is used as a dance studio.  Access was via the existing stairs and a new lift within the existing rear fire egress structure.  There were no significant heritage concerns in relation to heritage impact of the proposal. 

 

 

 

Proposal

The current application proposes to construct a residential development at the rear of the building comprising three levels with lower ground level parking and a roof top terrace.  The two storey front section of the building is used as a dance studio.  Access is to be via the existing stairs and a new lift within the existing rear fire egress structure.  As compared to the original proposal the current proposal has made a number of design changes at lower ground, upper ground, first, second floor and roof level, particularly to stair access and egress and to balconies.  At lower ground floor level, minor changes are proposed to the carparking layout.  At upper ground, first and second floor level, changes are proposed to balcony configuration.  At roof level, additional planter boxes are proposed. 

 

Submission

The application has been accompanied by a Heritage Impact Statement prepared by Jon Mathius Chartered Architect.  It is based on the previous June 2010 HIS but has been updated in August 2012.  The HIS includes an analysis of documentary evidence, a Statement of Significance, a Statement of Heritage Impact and provides measures to minimise heritage impact.  The HIS notes that the Masonic Temple was constructed in 1921 and has been somewhat altered, particularly internally and at the rear.  The HIS considers that “the building is significant as one of a small and dwindling group of Masonic temples in Sydney.  It has been adapted in a reasonably sympathetic manner to a new appropriate use that provides an educational and continuing social function for the community.  It retains its distinctive free classical style front enriching the identity of the local environment.” 

 

In terms of heritage impact the HIS notes that the proposed building is located at the rear of the building around 30m back from the front boundary and due to the limited side setbacks of the existing building and the footprint and envelope of the proposal, the new building will have only limited visibility from the street.  The HIS considers that the design of the proposal relates to the simple formality of the front elevation of the existing building is lower than the main roof of the existing building. 

 

The HIS notes a number of repair and maintenance issues, particularly relating to concrete lintels, masonry, timberwork, and roof drainage which should be addressed in order to ensure the ongoing conservation of the heritage item. 

 

Comments

The scale and bulk of the proposal will remain secondary to and will not visually dominate the Masonic Temple building.  The generous floor to floor heights of the ground and first floor level of the existing building allow for four new levels within a new development of an equivalent scale.  The new residential building is separated from the existing building by an open accessway, minimising impact on original fabric.  The simple forms and detailing will relate sympathetically to the heavy masonry character of the existing building.  It is considered that the proposed development will not impact on the streetscape character of The Spot heritage conservation area or the setting of the Ritz cinema opposite. 

 

The proposal will result in minimal change to the existing building fabric of the Masonic Temple.  A new fireproof lobby is required in the south east corner of the upper floor level which will impact on the integrity of the original interior space.  The HIS suggests that further investigation and design may remove the need for this lobby.  A consent condition should be included requiring investigation of further options.  In relation to proposed changes to the rear of the existing building, the HIS notes that the rear wall has been altered a number of times in the past.  Letter boxes for the new units are proposed to be installed in the existing front fence.  A consent condition should be included requiring details of the proposed letterboxes. 

 

Given the outstanding repair and maintenance issues related to existing building fabric, it is suggested that a consent condition be included requiring submission of a Schedule of Conservation Works to be implemented as part of the proposed development.  Subject to the carrying out of required conservation works, the proposal will not adversely impact on the heritage value of the existing Masonic Temple building.

 

Should the application be approved the appropriate nominated conditions shall apply.

 

9.    Site Specific Development Control Plans

 

Clause 40A(1) of RLEP 1998 (Consolidation) provides that consent may be granted to a development application made in respect of a site consisting of more than 10,000m2 only if: (a) a Site Specific Development Control Plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that Plan. The site has a land area of 727.2m2 and a Site Specific Development Control Plan is therefore not required.

 

10. Statutory Instruments and Controls

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

·      Environmental Planning and Assessment Act 1979, as amended

·      Environmental Planning and Assessment Regulation 2000, as amended

·      Heritage Act 1977

·      State Environmental Planning Policy 1 – Development Standards (SEPP 1)

·      State Environmental Planning Policy 65- Design Quality of Residential Flat Development

·      Randwick Local Environmental Plan (Consolidation) 1998

·      Randwick Local Environmental Plan 2012

·      Development Control Plan  – Parking

·      Development Control Plan No. 22 - The Spot and Surrounds

·      Randwick Section 94A Development Contributions Plan

·      Building Code of Australia

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

10.1    State Environmental Planning Policy 65- Design Quality of Residential Flat Development (SEPP 65)

The application was referred to the Design Review Panel (DRP) convened under SEPP 65. The application has been reviewed by the Randwick Waverley Design Review Panel from its meeting on 3 December 2012. The comments are provided are extracted below (in italics), followed by Council’s comments where necessary:

 

Panel Comments

This is the fourth time the Panel has reviewed a proposal for this site and the second time the Panel has reviewed this design for DA assessment. The most recent DA assessment report was in December 2010, and the applicant at that time had addressed many of the issues raised. The Panel reiterates its support for the proposal.

 

The Panel has visited the site and is familiar with the area.

 

1.    Relationship to the Context of the Proposal 

The building sits within the precinct known as The Spot which is Randwick's main entertainment district and contains the Randwick Ritz cinema, numerous cafes and restaurants and some heritage listed items.  St Pauls Street is a busy commercial and residential street with a range of developments up to 4 storeys in height.

The proposal is to place an additional small footprint building containing 6 studio apartments at the rear of the Pan Arcadian House.  An open breezeway link connects the existing building on 3 levels.  A roof terrace is placed over the new structure.  Four open car park spaces are provided at grade under the new building. 

 

The retained building is used as a dance hall for dancing instruction and this use will continue. The Panel assumes that any heritage assessment of the significance or history of Pan Arcadian House will be assessed by Council’s heritage officer. The Panel considers that the proposal has a sound and respectful relationship to the retained building.

 

The montage views submitted are good, and demonstrate that this small scale building will be unobtrusive in the context.

 

The concept for the proposed alterations and additions is generally designed with regard to context and locality and the Panel supports the proposal for supplementary residential use in this location.

 

2.    The Scale of the Proposal

In previous reports the Panel made suggestions regarding the scale of the building and its connection/relationship to the existing building and side boundaries, which have now been satisfactorily addressed:

 

-      the lift has been relocated several metres eastward and reversed. This has made the entry spaces more generous

-      the common stair has been moved inboard so that it aligns to the west wall of the existing building. The stair is screened to the neighbour, and its revised location largely places it under the roof canopy so that it has some weather protection. Moving the stair in board has created a better relationship to both the existing building and the neighbour;

-      the new walls on both east and west sides have regard to their alignment relative to the existing side walls of Pan Arcadian House, thus explicitly resolving the relationship between existing and proposed;

-      the roof terrace roof has been simplified, which is an improvement as it is less intrusive. The roof terrace has been setback from both side and rear boundaries to reduce overshadowing and overlooking.

 

3.    The Built Form of the Proposal

The built form has been substantially improved.

 

The building exceeds the Council’s height controls by approximately 1m – 2.75m, however it is the Panel’s view that this does not create any adverse visual impacts. The proposed height is entirely below the ridge of the existing building.

 

Shadow and overlooking impacts have been thoroughly described, with elevations of neighbouring properties and all outdoor private spaces indicated.

 

If sprinkler protection is incorporated into the project the position and detail of the booster pump should be clearly described in relation to its impact on the street frontage of Pan Arcadian House.

 

Council comment: These details have been adequately incorporated into the current plans and satisfactorily address the Panel’s recommendations. A hydrant booster is shown along the front boundary at the north eastern corner. The booster will be obscured from view by the existing masonry fence along the St Pauls Street frontage.

 


4.    The Proposed Density

The Panel supports increased density within this precinct and the proposal does not exceed the FSR controls.  The area is high in amenity, close to UNSW, hospitals, beaches and retail and well serviced by public transport. 

 

5.    Resource and Energy Use and Water Efficiency

The proposal has the potential to achieve very good passive solar design and cross ventilation. Additional items that should be addressed include;

 

-      Ceiling fans should be provided in bedrooms (and indicated on the floor plans).

-      Water retention tanks should be indicated on the plans.

-      The windows to the south have the potential to clash with the privacy screens.

-      Retractable clothes lines, either on the roof terrace or on the private balconies.

 

Council comment: These details have been adequately incorporated into the current plans and satisfactorily address the Panel’s recommendations. Ceiling fans have been shown in each dwelling, clothes lines provided to all balconies, water tanks shown. Satisfactory.

 

6.        The Proposed Landscape

There is little opportunity for soft landscape within this site due to the right of way along the eastern and southern boundaries; however a tree could be planted on the south-east corner, out of the swept path of the vehicles and in the line of the row. Some planting could be introduced along the western boundary, and around the setback roof terrace.  This would help green and screen the area.

 

The tree canopy from neighbouring trees (south boundary) appears to have been retained.

 

The hard landscape areas should be well designed to create a pleasant undercroft for the building.

 

Council comment: Appropriate treatment to the hardstand areas has been proposed (paving) and a new tree has been proposed to the south eastern corner of the site with extent of growth shown

 

7.   The Amenity of the Proposal for its Users

The proposal has the ability to provide compact apartments with very good amenity. The internal planning is well considered, and skillfully makes the most of the available space. The inset balconies are well considered for such a site and building type.

 

The roof terrace adds an important dimension to the amenity of future occupants, as long as it is set back from the perimeter to retain the neighbours’ privacy.

 

A roof over the lift entry on the top floor for weather protection has now been provided.

 

Privacy between Studios 1, 3 + 5 balconies and the public balcony has been increased by setting back the common stair.

 

A combination laundry tub / basin could be used to reduce space needed for fittings and increase space for joinery / storage.  Similarly it would seem that the Pantry need not have a stud wall separating it from the kitchenette - this could also be joinery to save space.

 

The method of window and door operation should be shown, so that the future occupants can enjoy natural ventilation while maintaining security.

 

Council comment: These details have been adequately incorporated into the current plans and satisfactorily address the Panel’s recommendations. Window and door operation has been shown throughout and laundry, bath and kitchen areas adjusted. 

 

8.   The Safety and Security Characteristics of the Proposal

The Panel has previously raised some concerns with the sight lines and management of vehicles traversing the site; however this issue now seems to have been adequately addressed.

 

The architect should consider some security gates to enclose the lift and stair at ground floor.

 

The Panel recommends a BCA assessment be sought, and its recommendations incorporated into the DA plans.  The egress stair is close to the boundary and this needs to be checked.

 

Council comment: These details have been adequately incorporated into the current plans and satisfactorily address the Panel’s recommendations. Security fencing has been indicated for provision and the stair and lift is to be enclosed by a gate and provided with an intercom. Further, a BCA report (prepared by Matt Shuter & Associates, dated 16/08/2012, referenced MSA0087AB-REV00) has been submitted to Council on 5 February 2013.

 

9.   Social issues

The provision of studio apartments in a small building can assist in providing housing mix and affordability within the area.

 

Further, the Panel suggests that some of the units (perhaps those without car parking) could be rented as affordable housing, using established income benchmarks for this type of housing. Such an initiative may well be consistent with the client’s admirable social contributions, and contribute to Randwick Council’s growing interest in this important societal issue.

 

Council comment: Although provision of affordable rental housing is beneficial to the area, it is outside the scope of the assessment of the application to require the provision of affordable housing, which is ultimately a decision at the discretion of the applicant. Affordable housing does not form part of the subject application. Nonetheless, the current proposal will contribute to the provision of high quality residential development within a local business context.

 

10.  The Aesthetics of the Proposal

The design shows the potential to achieve good aesthetics, however the following information should be provided as part of the DA;

 

-      1:50 sections through walls, sunshading, fire protection, balustrades, rainwater management etc, to properly describe the construction and details. 

-      The detail of the canopy roof needs to be provided.

-      Information on materials and colours needs to be submitted.

 

Council comment: These details have been adequately incorporated into the current plans and satisfactorily address the Panel’s recommendations. Canopy, balustrade and wall sections have been shown in 1:20 detail, colours and materials board submitted. Satisfactory. 

 

Summary and Recommendations

The Panel supports this Development Application, and suggests that the issues raised in this report (such as additional information) can readily be addressed with Council planners. However, if future structural advice changes the appearance of the design, the Panel recommends that it be referred to the Panel for further review.

 

The Panel does not need to see this application again, unless referred back by Council planners.

 

10.2   State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

SEPP: BASIX applies to the proposed development. The development application is accompanied by a BASIX Certificate, pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000. Should the proposal be supported, these commitments could be required through conditions of consent.

 

10.3    Randwick Local Environmental Plan 1998 (Consolidation)

The Randwick Local Environmental Plan 2012 was gazetted on 15 February 2013. Clause 1.8A of the RLEP 2012 requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 (Consolidation) that was in force immediately before the commencement of this plan.

 

The subject application was lodged on 21 November 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.

 

The site is located within the Local Business 3B Zone under RLEP 1998 (Consolidation). The proposed development is defined by the RLEP as “multi unit housing” meaning: three or more dwellings, whether or not attached.

 

The proposal is a permissible use in the zone, subject to Council’s consent. The relevant zoning objectives stipulated under Clause 14(1) are as follows:

 

(c)  to provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and

(d)  to minimise the impact of development on adjoining and nearby residential zones, and

 

The proposal is consistent with the general aims of the RLEP and the specific zoning objectives, in that the development will deliver a medium density housing development, which is compatible with the desired character of the locality. The proposal maintains the primary business function of the zone and as discussed in the relevant sections of this report, does not result in any undue adverse impacts to the amenity currently enjoyed by surrounding residential and business uses.

 

Part 2B- Principal Development Standards

The proposal is summarised against the development standards of Part 2B of the Randwick Local Environmental Plan 1998 (Consolidation) within the table, below.

 

Clause

Required

Proposed

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

 

The site has existing access to adequate utility services.

Complies.

20F(3)

Floor space ratio

Maximum permissible FSR for development in 3B zone is 1.5:1

Proposed – 1.22:1

Complies 

20G(5) 

Building height

Maximum building height control: 12m

 

The proposal has a maximum height of 13.72m (for the bulk of the built form when measured to the top of the roof terrace planter box) and 15.45m when measured to the top of the metal shade structure on top of the roof terrace.

Does not comply. SEPP 1 submitted.  

Clause 43 Heritage Conservation

 

The subject site is listed as a heritage item under the RLEP and a Heritage Impact Statement has been prepared in accordance with the requirements of Clause 43(5)

In accordance with the provisions of this clause, Council’ as the consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned, including (where the proposed development involves a building) consideration of:

 

(a)  the pitch and form of the roof, if any, and

(b)  the style, size, proportion and position of the openings for windows or doors, if any, and

(c)  the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

 

Further, Council may, before granting consent to any development on land within a heritage conservation area require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

 

The site is within The Spot heritage conservation area and therefore under the relevant clauses of RLEP consideration must be given to the impact of development upon the heritage significance of the subject and adjoining buildings and the conservation area.

                                     

The proposal and accompanying Heritage Impact Statement has been assessed by Council’s Heritage Planner and no objections have been raised. The simple forms and detailing will relate sympathetically to the heavy masonry character of the existing building. It is considered that the proposed development will not impact on the streetscape character of The Spot heritage conservation area or the setting of the Ritz cinema opposite. 

 

The proposal is consistent with the aims of RLEP 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.

 

10.4    Randwick Local Environmental Plan 2012

 

Whilst 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), a brief comparison of the proposal has been made below against the relevant provisions of the RLEP 2012: -

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

The site is zoned Neighbourhood Centre B1.

Yes

Permissible under the proposed zoning?

Yes

Floor Space Ratio (Max)

1.5:1

 1.18:1

 

Yes

 

Height of Building (Max)

12m

The proposal has a maximum height of 13.72m (for the bulk of the built form when measured to the top of the roof terrace planter box) and 15.45m when measured to the top of the metal shade structure on top of the roof terrace.

 

No – SEPP 1 submitted

 

It is noted that the proposed development has an FSR of 1.18:1 when calculated in accordance with the definition for “gross floor area” as defined by the Randwick Local Environmental Plan 2012. Pursuant to clause 4.4(2A), a maximum floor space ratio of 1.5:1 is applicable to the site and is a development standard under the RLEP 2012. The FSR of the proposal when calculated under the definition applicable in the RLEP 2012 achieves compliance with this development standard.

 

11. Policy Controls

The Policy controls applicable to the proposed development are:

 

·      Development Control – The Spot and Surrounds

·      Development Control – Parking

 

11.1    DCP No 22 – The Spot and surrounds

The purpose of this DCP is to supplement the development controls applying to “The Spot”, Coogee to protect and enhance the historical value of the commercial centre and surrounding residential precinct. The subject site is located within the centre of the main commercial zone of “The Spot” and any development should reflect an appropriate scale and design which does not compromise the historical streetscape.

 

Detailed assessment of the proposal is carried out below against the relevant development controls of the DCP (Sections 2 and 3), and where non-compliance results, assessment is made against the relevant objectives.

 


 

Required

Provided / Proposed

Y / N

Section 2: Items of Environmental Heritage/Contributing Facades

 

The DCP requires Council to consider the following matters when assessing proposals affecting Heritage Items and contributing facades:-

●      the significance of the item as a component of the environmental heritage of The Spot commercial zone and surrounding residential area;

●      the extent to which the proposed development would affect the significance of the item;

●      the effect on and the significance of the streetscape of which the item is an essential part.

The site is identified as a Heritage Item and is located in the vicinity of other Heritage Items, including the Randwick Ritz on the opposite side of St Pauls Street.

The accompanying Heritage Impact Statement discusses the heritage significance of the existing building on the site and makes an assessment of the proposed additions on the significance of the Item, other heritage items in the vicinity and the Conservation Area within which the site is located.

The scale and bulk of the proposal will remain secondary to and will not visually dominate the Masonic Temple building.  The new residential building is separated from the existing building by an open accessway, minimising impact on original fabric. The simple forms and detailing will relate sympathetically to the heavy masonry character of the existing building.  It is considered that the proposed development will not impact on the streetscape character of The Spot heritage conservation area or the setting of the Ritz cinema opposite. 

Y

Section 3: Commercial Zone

 

The objectives of the DCP with regard to the Commercial zone are as follows:-

●        to conserve and enhance the existing commercial streetscape, in particular above the awning level.  Any new development should respect and complement the features of adjoining buildings;

●        to encourage reinstatement of original features such as awnings and windows and remove inappropriate alterations and additions;

●        to ensure painting/colour schemes of buildings are appropriate to the heritage streetscape;

●        to take into account the urban design planning for the area;

●        to minimise the potential of buildings within the commercial zone to adversely affect the amenity of adjoining residential land; and

●        to maintain a minimum level of commercial floorspace in new development to enhance the commercial viability, retail quality and continuity within the “Spot”.

 

The proposed development is consistent with the stated objectives of the DCP in that: -

·        the proposal maintains the existing streetscape presentation of the building on the site;

·        the proposal seeks to remove the intrusive fire stair from the rear of the existing building;

·        the proposal does not alter the existing colour scheme of the Heritage Item on the site and the colours and materials for the proposed new development relate appropriately to these;

·        the proposal has been designed having regard to the intent of the planning controls for the area; and

·        the proposed development does not limit the future development of adjoining properties due to the location of rights-of-way adjacent to the eastern, western and southern sides of the proposed addition, thereby limiting future development.

 

Y

Section 3.2.1: Building Height Plane –

 

Residential Development in Business Zones – 45 degrees above 8m where any proposed development shares a boundary with an existing residential property.

 

Building Height Plane – Historic Buildings/Contributing Facades – Max 45 degrees above 1600mm above the kerb line.

 

The site is located within the area subject to a building height plane (Figure 4 of the DCP).  The building height plane applicable to the proposal incorporates an envelope with a maximum height of 8m, with the projecting plane at a 45 degree angle from the allotment boundaries.

The proposal is also subject to the heritage building height plane under Figure 3C of the DCP, however, this control is not relevant to this development application as the existing heritage building clearly exceeds the height plane and is not proposed to be altered.  The application relates to a residential addition at the rear of the building.

The building height plane controls seek to control the height of development so as to minimise the potential for buildings within the 3B zone from adversely affecting the amenity of any residential development in the vicinity in terms of overshadowing and overlooking.

The proposed development satisfies the height plane applicable to the rear of the site and the height plane at the side setbacks, with the exception of the balustrade to the roof terrace exceeding the 450 plane.

This minor variation is considered minor and reasonable given that:-

·     there are adequate setbacks to adjoining buildings in the 3B zone;

·     the proposal does not unreasonably overshadow residential properties in the vicinity; and

·     the proposal does not create any unreasonable overlooking impacts in relation to nearby residential properties.

The proposal has a maximum height of 13.72m (for the bulk of the built form when measured to the top of the roof terrace planter box) and 15.45m when measured to the top of the metal shade structure on top of the roof terrace. These heights are considered to be acceptable in this context as the proposed built form will not be overbearing or intrusive in relation to nearby residential properties especially with a flat roof.

 

 

 

 

 

 

 

Section 3.2.2: Height Restriction

The maximum building height of 12 metres for development within the 3B zone contained in RLEP is followed in the DCP.

Whilst the addition is subservient to the height of the existing building, there will be a non-compliance with the height standard which is addressed in the SEPP 1 Objection at Section 4 of this report.

 

No – SEPP 1 submitted

Section 3.2.3: Commercial Development

Development in Business zones are required to provide retail and/or commercial floor space along the length of the commercial street frontage in order to maintain and enhance retail quality, variety and continuity.

The proposal does not alter the use of the existing commercial building fronting St Pauls Street.

 

Y

Section 3.2.4: Side and Rear Boundary Setbacks

Where the commercial component proposed is less than 25% of total GFA, side and rear setbacks equivalent to SEPP 20 – Minimum Standards for Residential Flat Development apply.

 

The commercial component of the development on the subject site constitutes 72.9% of the GFA of the development as a whole and hence Section 3.2.4 does not apply.

 

N/A

3.2.5: Shopfronts and roller shutter doors

 

Where possible, the original heritage shopfront and detailing should be retained.

The existing heritage Item to St Pauls Street will remain unchanged.

Section 3.2.7: Building and Streetscape Colours

Building and Streetscape Colours of new development should be sympathetic to the conservation of older buildings reflecting their cultural significance; reflect existing heritage colours in the area.

The proposed development does not alter the colours or materials of the existing building fronting St Pauls Street.  The proposed new development will not be visible from St Pauls Street.

The proposed colours, materials and finishes of the proposed addition at the rear complement the existing building and have been approved as a condition of consent.

 

Y

Section 3.2.8: Facades/Infill Developments

Facades/Infill development respect the built heritage and desired townscape character of The Spot  

The proposed development does not alter the façade of the existing building.

 

The proposed addition at the rear has been designed as a considered response to the provisions of The Spot DCP.  In this regard, the proposal is consistent with the requirements of Section 3.2.8 in that:-

●        the proposed new building has a strong vertical emphasis, particularly to the rear elevation and relates to the height, massing and setbacks of the existing building on the site;

●        the proposed materials and finishes for the proposed new building, while contemporary in nature, are complementary to the existing building on the site;

●        the proposal is lower in height than the existing building and will not be visible from St Pauls Street; and

●        no cantilevered balconies are proposed.

Y

Section 3.2.9: Awnings/Colonnades

Continuous flat suspended/cantilevered awning to provide continuous pedestrian shelter and should be 3.5 m to 4.5 m above street level.

Existing commercial component of St Pauls Street will be retained and remain unchanged under the subject DA.