Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 9 September 2014

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

 

 

 

 

 

 

 

 

 

 

 


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 on Tuesday, 9 September 2014 at 6:00pm.

 

 

Committee Members:          The Mayor (S Nash), Andrews, Belleli, Bowen, D’Souza, Garcia, Matson, Moore, (Chairperson), Neilson, Roberts, Seng, (Deputy Chairperson), Shurey, Smith, Stavrinos and Stevenson

 

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 - 12 August 2014

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.

D74/14      585 Bunnerong Road, Matraville (DA/627/2013) Deferred.......................... 1

D75/14      16 Coogee Street, Randwick (DA/853/2013) Deferred............................. 25

D76/14      15 Abbotford Street, Kensington (DA/393/2014)...................................... 65

D77/14      15 Walenore Avenue, Kingsford (DA/268/2014)....................................... 71

D78/14      7/192 Beach Street, Coogee (DA/438/2014)........................................... 83

D79/14      66 Gubbuteh Road, Little Bay - DA/781/2008/E........................................ 91

D80/14      24 Haig Street, Maroubra - DA/342/2014............................................... 97

D81/14      59- 65 Chester Ave, Maroubra (DA/280/2014)....................................... 107

D82/14      38 Wentworth Street, Randwick (DA/367/2014)..................................... 131

D83/14      13 Winchester Road, Clovelly (DA/446/2014)......................................... 139

Miscellaneous Reports

M1/14       169 Dolphin Street, Coogee - Coogee Pavilion - Request for Owners Consent for lodgement of Outdoor Dining Development Application............................ 151   

Closed Session

M2/14       44 Arthur Street, Randwick (DA/617/2013)

This matter is considered to be confidential under Section 10A(2) (e) Of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Sima Truuvert

ACTING General Manager


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D74/14

 

 

Subject:                  585 Bunnerong Road, Matraville (DA/627/2013) Deferred

Folder No:                   DA/627/2013

Author:                   Mark Swain, Senior Environmental Planning Officer     

 

Introduction

 

The proposal is for alterations and additions to the existing service station facility including:

 

·         A raised canopy and bunding around the forecourt pump area,

·         A new canopy over the diesel pump,

·         Installation of a hand carwash facility including the erection of a canopy, an acoustic boundary fence, associated drainage works

·         Conversion of part of the existing service station building for use as a waiting room for car wash patrons.

·         Bunding and drainage works.

 

The car wash facility will allow for the washing of a maximum of 2 cars at any one time.

 

The existing approved hours of operation of the service station are 6.00am – 10pm Monday to Saturday and 6.00am – 9.00pm on Sunday.

 

The hours of operation of the proposed carwash facility are 8.00am – 5.00pm daily.

 

The application was recommended for approval and reported to Council held on 24 June 2014. At the meeting it was resolved:

 

“(Andrews/Stavrinos) that the application be deferred to allow:

 

-    Council officers to consult with RMS about Shirley Crescent not being used for entry/exit to the site; and

 

-    Consideration of an additional consent condition to prohibit the playing of music while cars are being washed.”

 

The Roads and Maritime Services have advised that they raise no objection to limiting the access to the carwash to be only from Bunnerong Road.

 

Issues

 

Closure of Shirley Crescent Access and ingress and egress solely on Bunnerong Road

Council’s Development Engineer raises no objection to the closing of Shirley Crescent and the internal movement of vehicles. Amendments are now included in condition 45 of the recommendation to require deletion of the existing driveway, a reinstatement of the kerb, gutter, footpath and grassed verge in this location.

 

So Condition No. 2 has also been amended to require an extension of the low rise concrete retaining for the width of the driveway so as to match up with that existing.


Prohibition of the playing of music while cars are being washed

Whilst the acoustic report and the conditions of consent in the previous recommendation limited noise levels including the possible playing of music, the applicant has confirmed agreement to no music being played within the facility. An additional condition 76 in this regard has been included in the recommendation.

 

Provision of a colorbond fence above the low rise retaining wall to No 1 Shirley Crescent adjacent car spaces

Since the application was reported to Council, the owner of 1 Shirley Crescent has made further representations requesting provision of fencing above the existing common low rise retaining wall between the properties to reduce any associated noise impact. This matter has been discussed with the applicant who has agreed to the requested fencing which should extend to the front alignment of the dwelling at No 1 Shirley Crescent. Condition 2 has been amended to include this requirement.

 

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 resolution of the matters raised in this report allows for the granting of a conditional consent which reasonably balances the proposed use with realistic expectations of local residents given the tenure of the service station on the site.

 

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. DA/627/2014 for alterations and additions to the existing service station facility including a raised canopy and bunding around the forecourt pump area, installation of a hand carwash facility including the erection of a canopy, an acoustic boundary fence, associated drainage works and conversion of part of the existing service station building for use as a waiting room for car wash patrons. at No. 585 Bunnerong Road, Matraville, subject to the following non standard conditions and the standard conditions are as following:

 

GENERAL CONDITIONS

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

 

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

 

 

 

Approved Plans & Supporting Documentation

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

 

Plan Number / Title

Dated

Prepared By

2010/7/1C

02.02.14

Sam Khoury Consulting Engineer Pty Ltd.

A32010/10/5C

20.02.14

A32010/10/6B

02.02.14

2014/SK1/2/6A

30.04.14

Sam Khoury Consulting Engineer Pty Ltd.

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

a)   The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay.

 

i)    The car washing bay must be drained to sewer to the requirements of Sydney Water and details of compliance are to be submitted to the certifying authority, prior to a construction certificate being issued for the works.

 

b)   A 3m high boundary noise barrier is to be constructed to the extents shown on the plans submitted with the application. (Title: “Proposed Service Stn. Upgrade. Site Plan” Drawing No. 2010/7/1C)

 

i)    The section of the barrier above the 2m double brick wall (except that section as required by condition 10) shall be constructed to have a minimum surface density of 15kg/m2 and have a composite construction, with a transparent material towards the top, if required (12.6mm thick Perspex or a material with equivalent surface density could be used). This section shall be angled at 60 degrees to the horizontal. Details of compliance are to be confirmed by a suitably qualified and experienced consultant in acoustics and are to be submitted to the certifying authority, prior to a construction certificate being issued for the works.

 

c)   The underside of the Colorbond roof at the rear of the premises is to be treated with weather resistant and durable absorption, such as Envirospray 300® or equivalent to reduce reverberant build-up of noise within the outdoor washing area. Details of compliance are to be confirmed by a suitably qualified and experienced consultant in acoustics and are to be submitted to the certifying authority, prior to a construction certificate being issued for the works.

 

d)   A colorbond fence is to be constructed above the low rise section of the existing retaining wall to No 1 Shirley Crescent to a maximum height of 1800mm from the southern end of the acoustic barrier to a point approximately 6m from the Shirley Street alignment consistent with the southern façade of the existing dwelling on No. 1 Shirley Crescent.

 

e)   The existing access to Shirley Crescent is to be deleted from the plans. The existing low rise retaining walls adjacent to the driveway in this location are to be extended at a similar height to match up and prevent any vehicles access.

 

f)   The proposed bunding works and canopy over the existing diesel pump are deleted from the consent.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

The following conditions are imposed to satisfy the requirements of the NSW Roads and Maritime Services

 

4.       Council should ensure that post development stormwater discharge from the subject site into the RMS drainage system does not exceed the pre development discharge.

 

Detailed Design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RMS for approval, prior to the commencement of any works.

 

Details should be forward to:

 

The Sydney Asset Management

PO Box 973

Parramatta CBD NSW 2124

 

A plan checking fee may be payable and a performance bond may be required before RMSs approval is issued. With regard to the Civil Works requirement please contact RMSs Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

 

5.       Adequate vehicle storage area at the car wash drop off area should be provided. In this regard consideration should be given for staff parking to be provided on street and the three proposed staff parking spaces should be used as additional vehicle storage for customers at the proposed drop off to the car wash area.

 

6.       All vehicles are to enter and leave the site in a forward direction.

 

7.       A Road Occupancy Licence should be obtained from the RMS for any works that may impact on traffic flows on Bunnerong Road during construction activities.

 

8.       All traffic control during construction must be carried out by accredited RMS approved traffic controllers.

 

9.       All cost associated with the development are to be at no cost to the RMS.

         

External Colours, Materials & Finishes

10.     The colours, materials and surface finishes to the development must be consistent with the approved drawings.

 

Section 94A Development Contributions

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $134,750.00, the following applicable monetary levy must be paid to Council: $1347.05.00

       

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

12.     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

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

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

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

 

Stormwater Drainage

14.     The stormwater drainage system is to be provided in general accordance with the proposed stormwater plan submitted with the application and stamped by Council 27th February 2013 subject to the following amendments/requirements to the satisfaction of the PCA.

 

a)     Any amendments to the site’s stormwater drainage system must be provided in accordance with the requirements of Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)     Stormwater runoff from the redeveloped portion of the site is to be discharged to the street gutter or Council’s underground drainage system in front of the site on Shirley Crescent

 

NOTE: Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to the commencement of works.

 

c)     Waste Water from the car wash facility must be directed to the sewerage system in accordance with Sydney Water requirements.

 

d)     All paved areas on which a spillage of polluting materials may occur must be designed to prevent the entry of pollutants into Council’s stormwater system external to the site.

 

Drainage Easement.

15.     The section of acoustic wall that crosses over Council’s drainage easement must be in a form that can be easily removed to allow future maintenance or repair of the pipeline. Details are to be provided to Council for approval by Council’s Engineers prior to the issuing of a construction certificate.

 

16.     Any proposed footings located adjacent to the existing council drainage easement shall either be:

A.       Founded on rock, or;

B.       Extend below a 30 degrees line taken from the level of the pipe invert at the edge of the drainage easement (angle of repose).

Structural details showing the accurate location of the pipeline and demonstrating compliance with this condition shall be submitted to Council’s Drainage Engineer for approval prior to the issuing of a construction certificate.

 

Sydney Water

17.     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.

 

18.     The premises must be designed, constructed and operated in accordance with relevant regulatory requirements, guidelines and standards, including:

 

·              Protection of the Environment Operations Act 1997

·              Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008

·              DECC Guidelines (including Environmental Action for Service Stations)

·              Australian Standard AS 1940 (2004) – The Storage and Handling of Flammable and Combustible Liquids

·              WorkCover NSW requirements and guidelines

·              Sydney Water requirements and licences

 

A report detailing compliance with the relevant regulatory requirements, guidelines and standards must be prepared by a suitably qualified person and be submitted to the certifying authority prior to issuing the construction certificate for the development, with a copy forwarded to Council.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

Design, Construction & Fit-out of Food Premises

20.     The premises is to be designed and constructed in accordance with the Food Act 2003, Food Regulation 2010, Australia & New Zealand Food Standards Code, and Australian Standard AS 4674-2004: Design, construction and fit-out of food premises.  Details of the design and construction of the premises are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

21.     The design and construction of the food premises must comply with the following requirements (as applicable):

 

·          Floors of food preparation and food areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

·          Walls of food areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas.

 

Glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops, wash hand basins, sinks and equipment.

 

Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

·          Ceilings of kitchens, food preparation areas and storerooms are to be of rigid smooth-faced, non absorbent material (i.e. fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material) painted with a light-coloured washable paint.  ‘Drop-down’ ceiling panels must not be provided in food preparation or cooking areas.

 

·          All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc must be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

·          Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

·          Fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings and an electronic insect control device must also be provided within food premises.

 

·          A mechanical ventilation exhaust system is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, where required under the provisions of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

·          Wash hand basins must be provided in convenient positions located in the food preparation areas, with hot and cold water, together with a sufficient supply of soap and clean towels.  The hot and cold water must be supplied to the wash hand basins through a suitable mixing device.

 

·          Cool rooms or freezers must have a smooth epoxy coated concrete floor, which is to be sloped to the door.  A floor waste connected to the sewer is to be located outside the cool room/freezer.  The floor waste should be provided with a removable basket within a fixed basket arrestor and must comply with Sydney Water requirements.

 

·          All cool rooms and freezers must be able to be opened from the inside without a key and fitted with an alarm (bell) that can only be operated from within the cool room/freezer.

 

·          Any space or gap between the top of any cool room or freezer and the ceiling must be fully enclosed and kept insect and pest proof (e.g. plasterboard partition with gaps sealed).

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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 buildings, additions to existing buildings which are proposed to be located within the zone of influence of the footings of a building located upon an adjoining  premises,

·       buildings sited up to shared boundaries,

·       excavations for new buildings, additions to existing buildings which are within rock and may result in vibration and or potential damage to any building located upon an adjoining  premises,

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

 

The report (including photographs) is required to detail the current condition and status of the relevant building/s located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Site Management Plan

24.     A Construction Site Management Plan must be developed and implemented throughout the site works, to Council’s satisfaction.  The construction site management plan must include the following measures, (as applicable):

 

·          location and construction of temporary site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction;

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

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 Noise & Vibration Management Plan

25.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction.

 

a)     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. 

 

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

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

Public Liability

26.     The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to the Principal Certifying Authority and Council.

 

27.     Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

Public Utilities

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

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

 

Building & Demolition Work Requirements

31.           All demolition and building work and associated activities must be carried out in accordance with the following requirements:

 

·          Work Health & Safety Act 2011 & Regulations

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

·          WorkCover NSW Requirements, Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          The Protection of the Environment Operations (Waste) Regulation 2005

·          DECC/EPA Waste Classification Guidelines

·          Randwick City Council’s 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.

 

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

 

32.     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 be submitted to the Principal Certifying Authority (PCA) and Council, 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.

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Dust Control

36.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·      Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·      Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·      Installation of a water sprinkling system or provision hoses or the like.

·      Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·      Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·      Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

37.     Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:

 

a)     Temporary site fences or hoardings must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

b)     Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.

 

c)     All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

d)     An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:

 

·       materials are to be hoisted (i.e. via a crane or hoist) over a public footway;

·       building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;

·       it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;

·       as may otherwise be required by WorkCover, Council or the PCA.

 

Notes:

·       Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.

 

·       If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.

 

Public Safety & Site Management

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

 

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

 

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

 

d)     Access gates and doorways within site fencing, hoardings and temporary site buildings or amenities must not open outwards into the road or footway.

 

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

 

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

 

Site Signage

39.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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

 

Building Encroachments

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

 

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

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

 

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

 

Fire Safety Certificates

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

 

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

 

Structural Certification

44.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

a.       Remove the redundant concrete vehicular crossing and layback in Shirley Crescent and reinstate the area with concrete footpath, turf and integral kerb and gutter to Council’s satisfaction.

 

46.     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.

 

47.     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.

 

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

 

Stormwater Drainage

49.     The Principal Certifying Authority (PCA) shall be satisfied that any adjustments to the site’s stormwater drainage system have been constructed in accordance with the conditions of this consent and Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage).

 

Sydney Water Requirements

50.     A section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator.  For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to the issuing of an Occupation Certificate.

 

OPERATIONAL CONDITIONS

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

 

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

 

Fire Safety Statements

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

 

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

 

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

 

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

 

52.     The premises must be designed, constructed and operated in accordance with relevant regulatory requirements, guidelines and standards, including:

 

·       Protection of the Environment Operations Act 1997

·       Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008

·       Food Act 2003

·       Sydney Water requirements and licences

 

53.     The operation of the car wash is restricted to the following hours of operation:

 

Monday to Sunday:          8:00am – 5:00pm

 

The operation of the existing service station is restricted to the following hours of operation:

 

Monday to Saturday:        6.00am – 10.00pm

Sunday                                  6.00am – 9.00pm

 

Fuelling and or unloading of fuel shall not occur outside the approved hours of operation.

 

54.     The car wash facility is to be occupied by a maximum of 2 vehicles being washed at any 1 time. No trucks of any kind are permitted to be washed in the car wash facility or anywhere on the site.

 

55.     An acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council within 1 month of the issuing of an occupation certificate, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997 and the noise criteria and requirements contained in this consent has been satisfied (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

Should further non-compliances be identified, recommendations shall be provided by a suitably qualified and experienced consultant in acoustics and subsequent acoustic assessments conducted to demonstrate and confirm compliance with the relevant requirements.

 

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

 

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

 

57.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

58.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

59.     There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

60.     The storage of boxes, cartons, pallets, goods or any other material relating to the operation of the business must be wholly contained within the premises.

 

61.     All loading and unloading associated with the use or operation of the premises shall be carried out within the site.

 

62.     No goods, or machinery or advertising signs are to be placed on Council’s footway at any time, unless the prior written approval has been obtained from Council.

 

Stormwater Detention/Infiltration System

63.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

64.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

            Environmental amenity

65.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

66.     All tanker deliveries only being made between 6.00am and 10.00pm, Monday to Saturday only. No deliveries are to occur on Sundays.

 

Food Storage

67.     All food preparation, cooking, display and storage activities must only be carried out within the approved food premises.

 

Storage shall be within appropriate shelves, off the floor and in approved storage containers.  External areas or structures must not be used for the storage, preparation or cooking of food, unless otherwise approved by Council in writing and subject to any necessary further approvals.

 

Food Safety Requirements

68.     The food premises must be registered with Council's Health, Building & Regulatory Services Department and the NSW Food Authority in accordance with the Food Safety Standards, prior to commencing business operations.

 

69.     A Food Safety Supervisor must be appointed for the business and the NSW Food Authority and Council must be notified of the appointment, in accordance with the Food Act 2003, prior to commencing business operations.  A copy of which must be maintained on site and be provided to Council officers upon request.

 

70.     Food safety practices and the operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·       Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

Failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

71.     The food premises must be kept in a clean and sanitary condition at all times, including all walls, floors, ceilings, fixtures, fittings, appliances, equipment, fridges, freezers, cool rooms, shelving, cupboards, furniture, crockery, utensils, storage containers, waste bins, light fittings, mechanical ventilation & exhaust systems & ducting, storage areas, toilet facilities, basins and sinks.

 

Waste Management

72.     Adequate provisions are to be made within the confines of the site for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council, prior to commencing business operations in relation to the car wash facility. The bin storage containers shall be stored adjacent to the retaining wall shown below the ice container and not adjacent to adjoining residential boundaries.

 

The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

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

 

Sanitary Facilities

74.     Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be available for customers and staff and be maintained in a clean and sanitary condition at all times.

 

75.     No music of any kind is to be played within the carwash facility.

 

GENERAL ADVISORY NOTES

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

 

A1    The Office of Water, NSW Department of Primary Industry provides the following advisory comments on the proposal:

 

A2      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 $3,000) 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.

 

A3      Building or excavation work must not be commenced until;

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

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

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

 

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.

 

A4    This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A5    Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A6    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).

 

A7    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.

 

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

 

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

 

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

 

A11   A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

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

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

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

 

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

 

A12   There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A13   Any 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.

 

A14    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.

 

A15    The assessment of this development application does not include an assessment of the proposed building work under the Food Act 2003, Food Safety Standards or Building Code of Australia (BCA).

 

All new building work must comply with relevant regulatory requirements and Australian Standards and details of compliance are to be provided in the construction certificate application.

 

A16    The design and construction of the premises must satisfy the requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004). Prior to finalising the design and fit-out for the development and prior to a construction certificate being obtained, advice should be obtained from an accredited Food Safety Consultant (or Council’s Environmental Health Officer).

 

A17    The applicant/operator is advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

 

Attachment/s:

 

1.

Executive Report - 585 Bunnerong Road, Matraville

INCLUDED UNDER SEPARATE COVER

2.

DA Compliance Report - D02054159

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D75/14

 

 

Subject:                  16 Coogee Street, Randwick (DA/853/2013) Deferred

Folder No:                   DA/853/2013

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The proposal is for the demolition of an existing dwelling and rear outbuilding and construction of a part 2/part 3 storey residential flat building containing 8 units, basement carparking for 10 vehicles, landscaping, fencing and associated works.

 

The application was recommended for approval and reported to the Planning Committee Meeting held on 12 August 2014. At the meeting it was resolved:

 

“(Bowen/Andrews) that this application be deferred to allow mediation between the applicant and the objectors to address a range of issues, including wall height, landscaping, privacy, rear setback and the shortfall in parking.”

 

Issues

 

On 21 August, 2014 an email was received from the applicant advising that the owners of the subject site do not wish to enter into mediation and requested that the application be reported back to Council for determination.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is consistent with the dominant residential character in the locality. The proposal would not consider result in detrimental social or economic impacts on the locality and as requested by the applicant the application be report back to Council for consideration as per reports attached.

 

 

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. 853/2013 for demolition of an existing dwelling house and outbuilding and construction of a part 2 and part 3 storey residential flat building with basement parking for 10 vehicles, landscaping fencing and associated works at No. 16 Coogee Street, Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA 2000 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2001 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2002 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2003 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2004 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2300 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2301 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2302 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2303 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2400 Rev B

JPRA Architects

14/04/14

2/5/14

DA 2402 Rev B

JPRA Architects

14/04/14

2/5/14

 

BASIX Certificate No.

Dated

Received by Council

516896M_02

01 May, 2014

2/5/14

 

Amendment of Plans & Documentation

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

 

a.     A privacy screen having a height of a) 1.6m above floor level must be provided to eastern edges of the terrace areas to units 2 and 4 at ground floor level.  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.     The balconies (and associated metal cladding) on the southern (rear) elevation at ground and first floor levels are to be redesigned to incorporate materials and external finishes of lighter weight appearance to reduce the apparent bulk of the development when viewed from Dolphin. Privacy panels shall be fixed and not sliding. Details are to be submitted and approved by Council’s Manager of Development Assessment prior to issue of the construction certificate.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       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.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 12 July 2012, based on the development cost of $2,510,726, the following applicable monetary levy must be paid to Council: $25,107.26.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $4000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

               

Protection of neighbours trees

9.       In order to ensure retention of the Callistemon viminalis (Bottlebrush) which is located beyond the northeast corner of the existing out-building, wholly in the rear yard of the adjoining property to the east, no.16A, as well as the Eucalyptus scoparia (Wallangarra White Gum) located in the rear yard of the adjoining property to the west, no.10, and then further to its north, the Archontophoenix cunninghamiana (Bangalow Palm) and Syzygium autrale (Scrub Cherry) in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show their retention, with the position and diameter of both their trunks and canopies/crowns to be clearly and accurately shown on all plans in relation to the proposed works.

 

b.       The Construction Certificate plans must show that the eastern wall of the basement adjacent the Bottlebrush, as well as the western wall of the basement adjacent the White Gum, Bangalow Palm and Scrub Cherry, will be offset a minimum distance of 2400mm from the common boundaries, and must be constructed using contiguous bored piers or a similar method that will not involve bulk excavations which would result in a higher rate of root damage to these neighbouring trees.

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the side or rear setback/s, within a radius of 2.5m of either tree, measured off the common boundary adjacent the centreline of their trunks, must be located as close as practically possible to the proposed building.

 

c.       The existing concrete surfacing adjacent these trees must be retained for as long as possible so as to provide ground protection over their root systems.

 

d.       Where roots are encountered which are in direct conflict with the approved works at the 2.4m setback specified above in point ‘b’, they may be pruned cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

e.       Existing ground levels within the site, adjacent the Bottlebrush, must be maintained at 22.56; ground levels adjacent the White Gum must not be raised by more than 230mm (from 22.18 to RL 22.410); with ground levels not to be increased by more than 420mm adjacent the Bangalow Palm and Scrub Cherry (from 23.88 to RL24.300), as has been shown the Ground Floor Plan, dwg DA2011, revision A, stamped 19 December 2013. (Levels have not been not shown on the Ground Level Plan Rev B, or the Landscape Plan Issue E).

 

f.       The western side access path adjacent the Bangalow Palm and Scrub Cherry must comprise a combination of permeable decking boards and gardens as has been shown on the approved landscape Plan.

 

g.       Within the 2400mm specified in point ‘b’ above, there must be no other structures such as continuous strip footings, planters boxes or similar in this area, and must remain as undisturbed, deep soil.

 

h.       Any new common boundary fencing or retaining walls within a radius of 2.5m of these trees, measured off the common boundary, adjacent the centreline of their trunks, cannot be a system which requires continuous strip footings, and must be a system that uses localized pad footings only. Details confirming compliance must be provided to the PCA. 

 

i.        These trees must be physically protected by installing rows of evenly spaced star pickets at a radius of 2 metres, measured off the common boundary, adjacent the centreline of their trunks, which must match up with the respective side boundaries, to which, safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely exclude each tree for the duration of works.

 

j.        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".

 

k.       In order to prevent soil/sediment being washed over their root systems, erosion control measures shall be provided at ground level around the perimeter of the TPZ fencing.

 

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

 

m.      The PCA must ensure compliance with these requirements on-site during the course of construction, and prior to issuing any type of Occupation 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

10.     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.

 

BASIX Requirements

11.     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.

 

Flood protection requirements

12.     To reduce the risk of flooding for the subject and adjoining properties the following measures are to be implemented for the development with full compliance being demonstrated on plans submitted for the construction certificate to the satisfaction of the Certifying Authority.

 

a.           Floor levels are to be raised in accordance with the Schedule of Floor Level Table received by Council 4th July 2014

b.       The pedestrian access from Coogee Street beside the western side of the building shall be graded with fall away from Coogee Street .

c.       The proposed internal driveway to the basement shall be designed with a high point at RL 24.10 being the approximate level of the 1 in 100 year flood level on Coogee Street.

d.       Adequate provision must be made at the bottom of the driveway to ensure any spill over from the driveway crest is directed towards the rear of the property and not enter the basement carpark or neighbouring property.

e.       A longitudinal section of the driveway must be provided with the construction certificate plans, at a scale of 1:20 along the centre line of the driveway. The long section shall demonstrate compliance with the above requirements together with the Council issued alignment levels at the property boundary and satisfactory ramp grades, transitions, and overhead clearances in accordance with Australian Standard 2890.1 (2004).

f.       There shall be no change to natural surface levels within 2m of the rear boundary so as to maintain the natural overland flow path at the rear of the property.

 

Traffic conditions

13.     Adequate provisions are to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres. Details of compliance, to the satisfaction of the certifying authority, are to be included in the construction certificate documentation.

 

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

 

Design Alignment levels

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

 

Vehicle Driveway

·       40mm above the back of the existing footpath at all points opposite the path.

                    

Pedestrian entrances

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

 

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

 

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

 

16.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $796 calculated at $50.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

            Stormwater Drainage & Flood Management

17.     The building, including building footings, are to be designed to ensure that they will not be adversely affected by stormwater, floodwater and/or the water table.

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

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

 

18.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

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

 

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

 

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

 

(i)    Directly to Council’s kerb and gutter in Coogee Street

 

(ii)   Directly into Council’s underground tonkin drainage system located in the neighbouring property to the south via a private drainage easement and a new and/or existing junction pit; or

 

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

 

If the owner/applicant is able to demonstrate to Council that he/she has been unable to procure a private drainage easement through adjoining premises and the ground conditions preclude the use of an infiltration system, a pump-out system may be permitted.

 

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

 

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

 

c)     Should stormwater be discharged to Council’s drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 10 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

k)     A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

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

 

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

 

n)     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

Site seepage & Dewatering

20.     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 carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).

 

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

 

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

               

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

 

Waste Management

21.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Planning.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

       

22.     The garbage room shall be sized to contain a minimum of 11 x 240 litre bins (comprising 5 garbage bins & 5 recycle bins + 1 green waste) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

23.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

            Landscaping

24.     The Certifying Authority/PCA must ensure that the Landscape Plan submitted as part of the approved Construction Certificate is substantially in accordance with the Landscape Plan by Umbaco Landscape Architects Pty Ltd, dwg L01, job no.1331, issue E, dated April 2014, and stamped 2 May 2014.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

26.     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

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

28.     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

29.     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

30.     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.

 

Construction Traffic Management

31.     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 Coogee Street for the duration of the demolition & construction works. 

 

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

 

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

 

32.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to commencement of any site work.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

33.     Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

            Public Utilities

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

36.     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

37.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, 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

39.     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.

 

Removal of Asbestos Materials

40.     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

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

 

Public Safety & Site Management

42.     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

43.     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.

 

44.     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.

 

45.     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;

·      as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

46.     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

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

 

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

 

b)     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

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

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)      Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

            Roadway

48.     If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

Traffic Management

49.     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.

 

Stormwater Drainage

50.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

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

 

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

 

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

 

            Tree Removal

53.     Due to their small size and insignificance, no objections are raised to removing any existing vegetation within the subject site where necessary so as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

Pruning of neighbours trees

54.     Permission is granted for the minimal and selective pruning of only those lower growing, lower and middle order branches from the western aspect of the Callistemon viminalis (Bottlebrush), which is located beyond the northeast corner of the existing out-building, wholly in the rear yard of the adjoining property to the east, no.16A, as well as from the eastern aspect of the Eucalyptus scoparia (Wallangarra White Gum), and then further to its north, the Syzygium australe (Scrub Cherry), which are all located wholly within the adjoining property to the west, no.10, only where they overhang the common boundary, into the subject site, and need to be pruned in order to avoid damage to the trees; or; interference with the works.

 

55.     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 these trees, the applicant must negotiate with the neighbours/tree owner/s for access to perform this work.

 

56.     This pruning may be performed prior to the commencement of site works in an effort to reduce potential damage to the trees.

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

58.     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

59.     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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

a)     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.

b)     Re/construct a 1.8m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

61.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

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

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

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

 

Ausgrid

63.     The applicant must meet the full cost for Ausgrid to change the existing overhead power feed from the distribution pole on the same side of the street to the development site to an underground (UGOH) connection.

 

Flood Protection

64.      The PCA shall be satisfied that all flood protection measures as specified in the conditions of this consent have been complied with.

 

Stormwater Drainage

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

 

Notes:

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

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

 

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

 

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

·       Finished site contours at 0.2 metre intervals;

·       Volume of storage available in any detention areas;

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

·       The orifice size/s (if applicable);

·       Details of any infiltration/absorption systems; and

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

 

67.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

68.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent..

 

Landscaping

69.     Prior to issuing any Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping at this site was inspected, and that it has been installed substantially in accordance with the Landscape Plan by Umbaco Landscape Architects Pty Ltd, dwg L01, job no.1331, issue E, dated April 2014, and stamped 2 May 2014.

 

70.     Suitable strategies must be implemented to ensure that the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

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

 

Waste Management

72.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

73.     The waste storage areas shall be clearly signposted.

 

Sydney Water Requirements

74.     A section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator.  For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Subdivision certificate, whichever the sooner.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’ or ‘Strata Certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

75.     A formal strata subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all relevant conditions of this development consent are required to be satisfied.

 

76.     All floors, external walls and ceilings depicted in the proposed strata plan must be constructed.

 

77.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in this development consent and construction certificate for the building.

 

78.     The communal open space and areas of common landscaping at ground level must be included as common property in any plan of strata subdivision. Details to be submitted to Council’s Manager Development Assessment for approval prior to a subdivision certificate being issued for the proposal.

 

79.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier.

 

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

 

The “restriction on the use of land” and “positive covenant” are to be prepared and specified to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s City Services Department.

 

81.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

82.     All public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

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

 

Plant & Equipment

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

 

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

 

Air Conditioners

85.     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

86.     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      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      Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

A8      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.

 

A9      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.

 

A10     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).

 

A11     Smoke alarms are required to be installed in all residential dwellings, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia.  Details should be included in the construction certificate application.

 

A12     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.

 

A13     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.

 

A14     Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

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

 

 

Attachment/s:

 

1.View

Executive Report - 16 Coogee Street, Randwick

 

2.

DA Compliance Report - 16 Coogee Street, Randwick

INCLUDED UNDER SEPARATE COVER

 

 

 


Executive Report - 16 Coogee Street, Randwick

Attachment 1

 

 

 

Development Application Report No. D71/14

 

 

Subject:                  16 Coogee Street, Coogee (DA/853/2013)

Folder No:                   DA/853/2013

Author:                   Mark Swain, Senior Environmental Planning Officer     

 


Proposal:                    Demolition of existing dwelling and construction of a part 2/part 3 storey residential flat building containing 9 units, basement carparking for 10 vehicles, landscaping, fencing and associated works (variation to floor space ratio control)

Ward:                     East Ward

Applicant:                JPRA ArchitectsPty Ltd

Owner:                        Eva and John Grant

Summary

Recommendation:     Approval

 

Description: http://wnadm10:8084/eview/output/eview36676.png

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Development Application Executive summary report

 

The DA is referred to Council as it is valued at over $2 million.

 

Proposal

 

The proposal is for the demolition of an existing dwelling and rear outbuilding and construction of a part 2/part 3 storey residential flat building containing 8 units, basement carparking for 10 vehicles, landscaping, fencing and associated works.

 

Site and Locality

The site is rectangular in shape with a frontage of 15.915m to Coogee Street and a total site area of 660.4m2.

 

Existing within the site is a single storey fibro clad and brick residential dwelling and detached out. The site fronts onto the southern side of Coogee Street and extends through to the rear boundary of properties facing the northern side of Dolphin Street and is flanked to the east and west by 2 storey red brick, residential flat buildings.

 

The land slopes away from Coogee Street to the rear at a gradient of approximately 1 in 10. Bounding the site to the south are the rear yard areas of residential developments fronting Dolphin characterised as low lying and with substantial vegetation (outside the subject site) and extending east west to the cul-de-sac end of Albi Place.

 

The site is located at the western end of Coogee Street, close to the intersection of Judge Street. Coogee Street runs east-west and is a two lane local street with on street parking available. The site is located in the north eastern part of the Randwick local government area and is approximately 1.4 kilometres west of Coogee Beach.

 

The locality is predominantly occupied by a mixture older style and 60s -70s style residential flat buildings and single and 2 storey detached housing.

 

        Subject site and surrounding Context and Rear Vegetated Gully

 

Subject Site

 

Adjoining Development to the East

Adjoining Development to the East

 

Streetscape to the East

Streetscape to the west

Streetscape Opposite the site in Coogee Street

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development on 2 occasions in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the notification processes in relation to the original and amended submissions:

 

 

 

Original Submission

Nos. 6, 10, Units 2, 3 and 4-16A, 19, 21

And 23 Coogee Street, Randwick

Issue

Comment

Inadequate off street parking, lack of on-street parking and congestion of Coogee Street and surrounding Locality.

The traffic and parking impact has been assessed as acceptable by Council’s engineering services unit. The proposal will only result in one parking space deficiency.

 

Adverse impact on amenity of the locality

The proposal in its amended form complies with the principal controls under Councils RLEP and is consistent with the desired future character of development envisaged under these controls.

Non-compliance with FSR and height limits and consequent excessive bulk, scale and height of the proposed development.

The proposal in its amended form is fully compliant with FSR and maximum height controls in addition to the landscaping, setback, and private open space controls in Council’s DCP.

Excavation concerns regarding proposed basement and retaining walls.

Conditions will be imposed to ensure the protection of adjoining developments from any excavation impacts.

Concern over asbestos removal in the rear outbuilding due to concentration of small children on adjoining sites.

Appropriate conditions are included in the recommendation to ensure removal of asbestos in accordance with applicable requirements.

Concerns over compliance with restricted hours of construction.

Strict compliance with construction hours will be conditioned.

Impact on sunlight access and adverse visual impact.

The proposed development in its amended form significantly reduces solar access impacts from the original proposal and is assessed as acceptable given the high level of compliance now evident.

 

External facades have been modified in bulk and coupled with compliant or greater setbacks the proposed visual impact is considered acceptable and in accordance with that envisaged under Council’s controls.

Privacy impacts to window openings in adjoining developments from outdoor spaces of units.

Deck areas adjacent to the relevant terrace areas will be appropriately screened.

Loss of privacy to rear yard areas of adjoining developments.

Rear balconies will be screened to ensure a reasonable level of mutual privacy between developments.

Inadequate street setbacks, landscaping of the development to Coogee Street and façade presentation.

The development in its amended form increases the setback and landscaping provision at the front of the site and the front façade has been transformed to provide a very attractive presentation to the streetscape.

High volume of development adversely impact surrounding amenity.

The proposal in its amended form reduces the overall number of dwellings on the site to 8 in compliance with the FSR control.

9, 11, 13, 15 and 17 Dolphin Street , Randwick

 

Presence of a vegetated rear gully between properties fronting Coogee and Dolphin Streets will be significantly disturbed affecting wildlife and amenity of private recreational space of properties.

 

 

The proposal in its amended form includes an additional setback beyond compliance) albeit slight, that coupled with general compliance with almost all other planning controls applicable to the site will result in a built environment within that envisaged under Council’s controls.

 

The rear setback will be greater than that existing to the outbuilding on the site and the rear yard areas will be appropriately landscaped.

Non-compliance with FSR and height limits and consequent excessive bulk, scale and height of the proposed development.

The proposal in its amended form is fully compliant with FSR and maximum height controls in addition to the landscaping, setback, and private open space controls in Council’s DCP.

Inadequate stormwater drainage areas on site.

The proposed development provides in excess of the required deep soil areas under Council’s DCP and the engineering services unit has assessed the stormwater arrangement to be acceptable.

Non-compliance with design guidelines and principals under the DCP.

The DCP controls with the exception of the external wall height are complied with in the form of the amended development. The departure from the external wall height is addressed in the Key Issues section of this report.

Inconsistency with the predominant rear setback of building in the immediate locality.

The proposed development in its amended form is consistent with the type of development envisaged under Council’s planning controls.

The development does not accord with the topography of the site.

The proposal in its amended form does relate acceptably to the site topography and accords with maximum height, bulk and scale controls.

Unacceptable privacy impacts to the rear of properties fronting Dolphin Street.

The proposal in its amended form embodies setbacks in excess of those required to the rear of the site and adequate physical separation of a minimum of approximately 14m to living areas. Landscaping of the rear yard area of the proposed development should also alleviate privacy impacts.

Significant loss of sunlight access to rear yard areas and associated installations in Dolphin Street.

Shadow diagrams have been checked and  indicate compliance with DCP requirements in regard to solar access to the respective properties.

Design of building seems completely out of character with adjoin and surrounding developments.

The amended plans include a reduced building envelope of compliant form that will relate more acceptable to the existing built environment.

Inadequate storage within the development.

Basement and in unit storage areas are available in accordance with the requirements of the DCP.

Amended Proposal

 

Nos. 9, 11 and 15 Dolphin Street, Randwick

 

Amended plans do not adequately address issues regarding bulk and scale impacts on privacy and the wildlife conditions of the gully.

The proposal in its amended form is compliant with the all but the external wall height control which is addressed in the Key Issue section of the report.

 

There is no statutorily identified wildlife habitat, community or corridor identified in this locality.

 

The rear of the proposed development will replace an existing outbuilding with additional setbacks to the boundary such that the subject site does not contain substantial vegetation that contributes to the conditions evident on other properties. The landscaping of this area will contribute to wildlife habitat.

 

The proposed development is consistent with the desired future character envisaged under Council’s planning controls.

Amended plans continue to include departures from the maximum external wall height controls and parking requirements.

Refer to Key Issues section of the report.

Proposed development will set a dangerous precedent for development to and resultant destruction of local character.

The proposal is consistent the type of development envisaged under Council’s planning controls.

 

Key Issues

 

1.1    External Wall Height:

The DCP outlines the following objectives in this regard:

 

·      To ensure that the building form provides for interesting roof forms and is compatible with the streetscape.

·      To ensure ceiling heights for all habitable rooms promote light and quality interior spaces.

·      To control the bulk and scale of development and minimise the impacts on the neighbouring properties in terms of overshadowing, privacy and visual amenity.

 

The DCP limits the external wall height to 8m and the proposed development incorporates external wall heights ranging from 7.4m to 9.5m at the highest point.

 

Despite the strict non-compliance with the maximum external wall height control under the DCP, objectives of the control are satisfied in that:

 

·        The proposed roof line provides for an interesting roof form with an acceptable aesthetic impact, the building includes substantial articulation to allow for a compatible presentation to the streetscape.

 

·        The proposed ceiling heights of 2.7m of habitable rooms and inclusion of clerestory window openings in the upper levels adequately promote light and quality of internal spaces in a form which has been supported by the SEPP 65 – Design Review Panel.

 

·        The proposed bulk and scale of the development conforms to the applicable controls. The impacts of overshadowing to adjoining properties are sustainable and privacy and visual amenity have been reasonably addressed in the form of the proposed development subject to appropriate conditions.

 

Having regard to the above assessment, departure from the external wall height requirement of Council’s DCP is supported.

 

1.2      Car Parking    

The proposed development results in a strict numerical shortfall of 1 car space.

 

This aspect is addressed by the Development Engineer (comments below) and the minor departure is supported in this instance.

 

Parking Comments

Parking Requirements for the development have been assessed as per the rates specified in Randwick Council’s Development Control Plan 2013 Part B7.

 

Vehicle Parking Provision

Vehicle parking for multi-unit housing is to be provided at the following rates as detailed in part B7 of Council’s DCP 2013;

1 space per 2 studio units (<40m2)

1 space per 1 bedroom unit (over 40m2)

1.2 spaces per 2 bedroom unit

1.5 spaces per 3 bedroom unit

1 visitor space per 4 units (but none where development is less than 4 dwellings)

 

The proposed amended development now consists of 8 units comprising of 4 x 1 bedroom units plus 4 x 2 bedroom units.

 

Parking required       = (4 x 1) + (4 x 1.2) + 8/4(visitor)

                             = 10.8

                             = say 11 spaces (including 2 visitor spaces)

 

Parking provided        = 11 spaces (including 1 visitor space)

 

The overall parking provision complies with the DCP requirements although there is a shortfall in the provision of visitor spaces. In consideration of the full compliance however and the sites location there is no objection to the 1 space shortfall in visitor parking in this instance.

 

1.3      Rear Setback and Existing Vegetated Gully and Associated Loss of Privacy and Amenity

The objectives of the DCP in respect of Landscaping and Biodiversity are as follows:

 

·         To promote high quality landscape design as an integral component of the overall design of a development.

·         To provide landscape design and plantings that are compatible with the site and locality.

·         To contribute to the preservation of and extension to native fauna and flora habitats.

 

The objectives in relation to Preservation of Trees and Vegetation are as follows:

 

·        To effectively protect the urban forest in Randwick City, with particular emphasis on retaining trees with cultural, heritage and natural significance.

·        To encourage the preservation of trees and vegetation that contribute to native flora and fauna habitat.

·        To establish a clear framework and requirements for the proper management of trees and other vegetation.

 

Residents from surrounding properties have raised concerns in relation to the setback of the development to the rear of the property which is proximate to a vegetated gully which carries flood waters in high level rainfall events and provides a natural habitat for local flora and fauna.

 

The proposed development in its amended form is fully compliant with the RLEP and DCP controls with the exception of the departure from the external wall height which is addressed in this report. The amended setback to the rear boundary is in excess of that required under the DCP.

 

Investigations regarding options to set the building further back from the southern boundary indicate necessary and significant departures from Council’s height controls would be incurred to provide a compliant bulk and scale within a reduced footprint which is undesirable.

 

Whilst the vegetation is substantial on other properties the proposed development in this instance will replace an existing outbuilding which is currently closer to the boundary. There is no substantial vegetation on the subject site and the protection of trees on adjoining properties will be ensured by appropriate conditions of consent.

 

Finally, landscaping in accordance with the submitted landscape plan will contribute to the vegetation in this area.

 

Privacy and amenity impacts in relation to each relevant DCP control are documented in the attached Compliance Report which documents overall conformity with the DCP controls.

 

Appropriate conditions of consent are included in the recommendation to include additional privacy measures to ensure a reasonable mutual level of privacy and amenity between developments.

 

On balance, the impact of the proposed development is considered sustainable, reasonably satisfies the identified objectives above and accords with that contemplated under Council’s planning controls.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development represents an appropriate planning response to the site constraints and opportunities.

 

The minor departures from DCP controls in this instance are justified and the development will have sustainable impacts on surrounding properties and the locality.

 

It is recommended that the application be approved.

 

 


 

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. 853/2013 for demolition of an existing dwelling house and outbuilding and construction of a part 2 and part 3 storey residential flat building with basement parking for 10 vehicles, landscaping fencing and associated works at No. 16 Coogee Street, Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Amendment of Plans & Documentation

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

 

a.     A privacy screen having a height of 1.6m above floor level must be provided to eastern edges of the terrace areas to units 2 and 4 at ground floor level.  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.     The balconies (and associated metal cladding) on the southern (rear) elevation at ground and first floor levels are to be redesigned to incorporate materials and external finishes of lighter weight appearance to reduce the apparent bulk of the development Privacy panels shall be fixed and not sliding. Details are to be submitted and approved by Council’s Manager of Development Assessment prior to issue of the construction certificate.

 

 


 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D76/14

 

 

Subject:                  15 Abbotford Street, Kensington (DA/393/2014)

Folder No:                   DA/393/2014

Author:                   City Plan Services, Pty Ltd      

 

Proposal:                    Torrens title subdivision of the approved attached dual occupancy

Ward:                     West Ward

Applicant:                ABC Planning Pty Ltd

Owner:                        Mr W Wong & Mrs M C Wong

Summary

Recommendation:     Approval

 

Description: http://wnadm10:8084/eview/output/eview51920.png

 

Subject Site

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee for determination as a Council employee is a close friend of a neighbouring property owner.

 

Proposal

 

The application seeks consent for a 2 lot Torrens title subdivision of a four (4) storey attached dual dual occupancy, approved on 13 March 2014 via Development Application 676/2013. Construction of that dual oocuapncy has not yet commenced.

The subdivision will create two independantly serviced lots as follows:

 

-    Lot 1 (south): Site area 130.4m2, 12.2m fontage to Abbotford Street, 10.7m frontage to Abbotford Lane; and

-    Lot 2 (north): Site area 147.8m2, 13.69m frontage to Abbotford Lane.

 

Site

 

The site is No. 15 Abbotford Road Kensington, which is located on the north-western corner of the intersection with Abbotford Lane, as shown above. Existing development currently comprises a single storey brick dwelling with tile roof. Vehicular access is provided at the rear of the site from Abbotford Lane. Total site area is approximately 278.2m2.

 

The immediate locality is residential in nature and consists of a mix of building types and densities. The site adjoins four storey residential flat buildings to the west and north. To the east along Abbotford Street is a mix of low and high density housing ranging from 1 -4 storeys.  Opposite the site to the south across Abbotford Street is a 12 storey residential flat building.

 

The site is located close to Centennial Park, Randwick Racecourse and the University of NSW.

 

Photos of the site and surrounding development are provided below.

 

Description: 15 Abbotford St 003

The existing single storey dwelling on site as viewed from Abbotford St, proposed to be demolished.

Description: 15 Abbotford St 010

The rear of the existing dwelling, as viewed from Abbotford Lane. Note the scale of development to the south (to the rear of photo).

Description: 15 Abbotford St 013

Rear of the existing dwelling.

Description: 15 Abbotford St 001

The 12 storey residential flat building located to the south, on the opposite side of Abbotford Street.

 

 

 

Description: 15 Abbotford St 016

Abbotford Lane, looking south towards Abbotford St.

 

 

Description: 15 Abbotford St 004

Western elevation of the existing dwelling, as viewed from the driveway of 17-19 Abbotford St.

Description: 15 Abbotford St 002

The four storey flat building at 17-19 Abbotford St.

 

Submissions

 

Notification of the application was completed in accordance with the Randwick Comprehensive DCP 2013. One submission was received from the owner/occupant of No. 13 Abbotford Street, the property to the east of the site, and separated by Abbotford Lane. The submission raised issues regarding:

 

-  The capacity of the site to accommodate two (2) dwellings;

-  Over shadowing and solar access;

-  Privacy;

-  Acoustic privacy; and,

-    Traffic impacts.

 

The issues in this submission relate to the previously approved DA/676/2013, pertaining to the four (4) storey dual occupancy and were considered as part of the assessment of that application.

 

As noted DA/393/2014 seeks only to create a Torrens title subdivision of that approved attached dual occupancy.

 

Key Issues

 

An examination of the development against the relevant planning controls reveals the following key issues:

 


1.      Minimum subdivision lot size

Clause 2.6 of Randwick Local Environmental Plan 2012 (RLEP 2012) provides that subdivision of land requires development consent. 

 

The minimum subdivision size in clause 4.1 of RLEP 2012 does not apply in this instance as no minimum lot size is nominated on the relevant map.

 

Clause 4.1B of the RLEP 2013 nominates a minimum lot size of 325m2 for the R3 Medium Density zone. However that control only applies to a lot that is being used, or is proposed to be used, for the purpose of a “dwelling house” or for a purpose other than “residential accommodation”. The building the subject of this application, either before or following subdivision, does not meet either of those definitions and consequently clause 4.1B is also not applicable.

 

The suitability of the proposed lot sizes of 130.4m2 and 147.8m2 must therefore be evaluated on merit.  In this regard the subdivision is acceptable noting:

 

·           The subdivision provides for the logical and functional delineation, by title, of the approved dual occupancy; and

·           The subdivision pattern in the locality around the site does comprise multiple small allotments. Whilst those lots are generally still larger than those proposed by this application, no adverse outcomes are anticipated as the built form for the site has already been determined.

 

2.      Building height

Clause 4.3 of the RELP 2012 prescribes a 12m building height control for the site, however subclause (2A) specifically nominates a maximum height of 9.5m for a dwelling house” or “semi-detached dwelling” on land in Zone R3 Medium Density.

 

The building as approved under prior DA 676/2013 is defined as an “attached dual occupancy” for which the 12m height control is applicable. However as a consequence of this proposed subdivision, the definiton of that building alters to instead become a “semi-detached dwelling” for which the lower height control of 9.5m is applicable. 

 

It is noted this application only seeks consent for a 2 lot Torrrens title subdivision of the approved building. No further alterations to that building are proposed by this application.

 

In recognition of the technicial non-compliace with the 9.5m building height the applicant has lodged an objection, pursuant to clause 4.6 of the LEP, seeking for the building to remain at its approved height of 12m.  A detailed analysis of that request is provided in the attached Compliance Reoprt. In summary however it is concluded: 

·           A 12m building height has previously been assessed as suitable for this site;

·           The need for a variation to the building height control arises only as a consequence of the technicality triggered by the proposed subdivision, noting the circumstances outlined above. In that context, strict compliance with the 9.5m height control is unreasonable; and

·           The clause 4.6 variation request is well founded.

 

This report therefore recommends that the clause 4.6 variation to the height control be supported, and that a condition be included in the consent ensuring that the subdivision can only proceed after the building approved under DA 676/2013 has been issued with an Occupation Certificate.

 

3.      Floor space ratio

Clause 4.4(2) of the RLEP 2012 prescribes a maximum floor space ratio (FSR) of 0.9:1, whilst clause 4.42(B) provides that regardless, there is no maximum FSR for a  semi-detached dwelling on a lot that has an area of 300 square metres or less.

The building approved under DA 676/2013 complied with that control, having an FSR of 0.88:1.

 

The proposed building, once subdivided, is defined as a “semi-detached” dwelling for which no FSR control would apply, as each proposed allotment is less than 300m2 in area.

 

4.      Access, parking and amenity

Arrangements for vehicle access, on-site parking and areas of private open space do not alter from those approved under prior DA 676/2013.

 

Relationship to City Plan

The relationship with the City Plan is as follows:

 

Outcome 6:       A liveable city.

Direction :         Enhance housing diversity, accessibility and adaptability to support our diverse community.

 

Financial impact statement

There is no direct financial impact for this matter.

 

Conclusion

 

The suitability of the site to support a 4 storey attached dual occupancy was established following the assessment and approval of prior DA 676/2013. This current application 393/2014 seeks consent to now subdivide that building into two Torrens title allotments, without any changes to its form and presentation.  

 

The proposal is satisfactory when considered against the objectives and controls of Randwick Local Environmental Plan and Development Control Plan and is therefore recommended for approval, subject to conditions.

 

 

Recommendation

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.6 of Randwick Local Environmental Plan 2012, relating to the height control in clause 4.3(2A) of that Plan respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Infrastructure be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/393/2014 for a 2 lot torrens title subdivision of an approved attached dual occupancy at No. 15 Abbotford Street, Kensington, subject to the development application compliance report attached to this report.     

 

 

Attachment/s:

 

1.

DA Compliance Report - 15 Abbotford Street, Kensington

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D77/14

 

 

Subject:                  15 Walenore Avenue, Kingsford (DA/268/2014)

Folder No:                   DA/268/2014

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                    Alterations and additions to the existing dwelling house including new rear additions (amended to single storey) containing a carport, bedroom and en-suite at ground floor level with a skillion roof over.

Ward:                     West Ward

Applicant:                Site Studio

Owner:                        Ms W A Francis and Mr M J Van Kranendonk

Summary

Recommendation:     Approval

 

Description: http://wnadm10:8084/eview/output/eview61003.png

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

Development Application Executive summary report

 

The application is reported to the Planning Committee at request of Councillors Nash, Stavrinos and Andrews.

 


Proposal

 

The proposal involves alterations and additions to the existing dwelling house including as amended* a new rear single storey addition to the rear containing a bedroom and ensuite, a carport, with a skillion roof over.

 

*Amended application:

The originally submitted application (shown in plan exerpt 1 below) was for a two storey rear addition and following issues raised with the applicant an amended scheme was submitted deleting and reconfiguring the ground floor rear addition and carport (shown in exerpt 2).

 

Plan exerpt 1: original proposal, received by Council 9 May 2014, shows a two storey rear addition with mansard roof form housing the upper level.

Plan exerpt 2: amended proposal, recevied by Council 19 August 2014

 

 

Site

 

The subject site is located on the north facing corner of Walenore Avenue and Marville Avenue and contains a single storey detached dwelling – see photo 1 below and aerial photo further below. The site has an irregular shape, where its front and rear boundaries skew in towards the site from the Secondary Marville Street side. The site has a frontage of 10.765 metres, a rear boundary width of 14.985 metres, an eastern side boundary depth of 34.215 metres and an overall site area of 404m². 

Photo 1: Subject site: facing the sites north western corner.

Neighbouring the property to the eastern right side boundary is No 17 Walenore Avenue containing a single detached dwelling and a rear outbuilding along its eastern side boundary and to the rear southern boundary is No. 35 Marville Avenue which contains a detached part-one part-two storey dwelling whose side boundary meets up with the rear boundary of the subject site. The immediate locality is predominately low density residential consisting single detached dwelling houses (of varying sizes and ages) and semi-detached dwellings. The aerial photo below shows the surounding area including the subject site (bounded in green) and neighbouring properties to the rear that have made submissions to Councl (bounded in red).

 

Description: http://wnadm10:8084/eview/output/eview59035.png

Aerial photo 1: subject site (green), and neighbouring sites making a submission (red).

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the notification process:

 

·              35 Marville Avenue, Kinsford (undersigned by 29 Marville Avenue, Kingsford)

·              33 Marville Avenue, Kingsford

·              31 Marville Avenue, Kingsford

 

Issues

Comment

Depth of excavation

 

The depth of excavation for the amended proposal is between 130mm and a maximum of 650mm below natural ground from front to rear. The excavation is less than the 1m permitted under Part C1 of the Development Control Plan 2013. The excavation is occurring within 900mm of the southern rear boundary, adjacent to the southern neighbours dwelling, however the level of excavation is minor and it is considered that the appropriate conditions can be included with a view to protecting the structural stability of neighbouring properties.

Relocated entry (The proposed relocation of the entry off Marville Avenue has the potential to alter the summary of compliance submitted with the application)

The relocated entry does not hinder a merit assessment of the proposed development having regard to the assessment criteria.

 

 

Streetscape Character (The proposed unarticulated two storey development dominates the boundary shared with the adjoining site encroaching the prevailing front setback along Marville Avenue thus dominating and detracting from the streetscape character)

The amended proposal contains an acceptable scale and mass within the site and the proposed secondary street setbacks are not considered to have any unreasonable adverse impacts on the neighbouring properties. Nor will they detract from or dominate the streetscape character of Marville Avenue. The proposed outbuilding as amended to a single level scale will not be inconsistent with the siting and scale of other outbuildings located on corner lots that adjoin a secondary street. See discussion under Setbacks

Excessive overshadowing and visual obtrusiveness (The proposed two storey structure will result in significant overshadowing to living areas and north facing windows).

 

The original proposal would have blocked out all solar access to the southern neighbours north-facing second-living room window that faces the rear of the subject site – see photo 2 below. The amended proposal, deleting the upper level, will continue to result in additional overshadowing to this window however the level of additional overshadowing is minor and three hours of solar access will be retained to this window which is in accordance with Councils controls under Section 5.1 Solar access of Part C1 of the DCP. In relation to the rear neighbour’s other north facing bedroom window, it is located opposite the rear yard of the adjoining site at No. 17 Walenore Avenue and the proposal as amended will not result in any appreciable difference to the level of solar access retained by this window.

Outbuilding is secondary dwelling

 

The original proposal was not considered to fall within the scope of development for the purposes of a self-contained secondary dwelling in so far as it did not contain any separate kitchen or laundry facilities. The amended application in this part of the site falls within the scope of a rear addition to the dwelling inclusive of a carport.

Tree preservation – preservation of health of the Brush Box tree located on Council land in front of No. 35 Marville Avenue

 

The excavation within the vicinity of the brush box tree will be between 130mm and 339mm below natural ground. This level of excavation is not materially different to excavation for footings and not likely to affect the health or structural stability of the brush box tree. Notwithstanding, appropriate conditions have been included in the recommendation to ensure the adequate protection of the brush box tree.

 


Key Issues

 

Setbacks

The proposed development contains several non-compliances with DCP setback controls and an assessment is made against the relevant setback objectives contained within Part C1 Low Density Residential under Councils Development Control Plan (DCP) 2013 and the broader R2 zone objectives under the Randwick Local Environmental Plan (LEP) 2012.

 

The DCP contains the following objectives for front (incl. secondary), side and rear setbacks:

 

·           To maintain or establish a consistent rhythm of street setbacks and front gardens that contributes to the character of the neighbourhood.

·           To ensure the form and massing of development complement and enhance the streetscape character.

·           To ensure adequate separation between neighbouring buildings for visual and acoustic privacy and solar access.

·           To reserve adequate areas for the retention or creation of private open space and deep soil planting.

·           To enable a reasonable level of view sharing between a development and the neighbouring dwellings and the public domain.

 

o   Secondary Street setback

The existing dwelling and proposed additions have varying setbacks from the secondary street Marville Avenue frontage that encroach within the DCP control of a minimum 1500mm setback. The key parts of the proposal that do not meet the control include:

 

i.      Additions to the western side of the existing dwelling

ii.     Carport

 

Each of these is assessed against the relevant objectives as follows:

 

i.      Additions to the western side elevation: The existing dwelling does not meet the secondary street setback control. The proposed additions at the front and rear include patio and deck area. These additions have an open design and merely follow the existing dwellings built form along this boundary and will integrate with the overall form of the proposed development. It is therefore considered that they will not dominate the dwelling proper or the streetscape character. It is also considered that requiring a complying setback would detract from the appearance of the development from the street as it would mean greater attention being drawn to the solid built form of the main dwelling and therefore a worse outcome with respect to the streetscape character.

 

ii.     Carport: The proposed single width storey carport is setback between 1210mm and 2211mm from the secondary street boundary (an increase from that originally proposed). The portion encroaching wtihin the 1500mm minimum setback is limited to the north western corner of the carport roof with the majority setback further than the minimum control. Hence, it is considered that requiring a complying setback would have no appreciable benefits to the streetscape character or the amenity of neighbouring properties.

 

Having regard to the above, the proposal provides adequate areas of unbuilt upon areas for open space and will not result in any adverse amenity impacts on the neighbouring properties or the streetscape character. Therefore, it is considered that the proposal will continue to satisfy the objectives for secondary street setbacks.

 

o   Side setbacks:

The proposed additions to the main dwelling have varying side setbacks and those parts of the proposal that do not meet the DCP minimum of 900mm at ground and first floor level include:

 

i.     Eastern side laundry – setback from the eastern side boundary shared with No. 17 Walenore Avenue between nil and 350mm

ii.    Eastern side dining room – setback from the eastern side boundary shared with No. 17 Walenore Avenue between 500mm and 950mm.

 

Each of these non compliances is assessed as follows:

 

i.      Eastern side laundry: The proposed laundry is sited opposite the eastern neighbour’s window and therefore has the potential to result in lower levels of ventilation and natural light that one could reasonably expect from a complying side setback or a commensurate side setback. The proposed addition will satisfy the objectives in terms of protecting neighbours amenity subject to a condition requiring the proposed laundry addition to be setback a minimum of 900mm from the western side boundary.

 

ii.       Eastern side dining room: The proposed dining room is opposite a wall and a portion of the rear yard of No. 17 Walenore Ave. The salient difference between this addition and the preceding laundry addition are that this addition increases the setback from the existing whereas the preceding is moving closer to the side boundary. In addition, the dinning room addition is setback is closer to a complying side setback and located opposite a blank wall therefore not unfairly affecting ventilation or natural light access to the neighbouring property. Hence, the proposed dining room addition will not result in any significant adverse impacts on the neighbouring properties amenity in terms of general outlook or amenity and will continue to satisfy the relevant objectives for setbacks under the DCP.

 

Overall, the proposal, as required to be amended, satisfies the relevant objectives and will not have any unreasobnle adverse impacts on the streetscape character and nor will not result in any unreasonable adverse amenity impacts onto the neighbouring properties having particular regard to solar access, general outlook, access to ventilation and natural light and views.

 

o   Rear setbacks:  incorporates assessment of objectives under Section 5.1 Solar Access and Overshadowing, Section 6 Parking and Access under the RDCP)

The DCP states that rear setbacks do not apply to corner allotments. Notwithstanding, a merit assessment of the proposed is carried out having regard to the relevant objectives under the DCP having regard to setbacks, solar access and parking. In this respect attention is given to the proposed developments siting and scale within the site, impacts on neighbouring properties amenity (solar access, visual amenity and view sharing) and streetscape character.

 

The proposed development at the rear includes the following:

 

1.  A rear addition containing a bedroom and ensuite. The proposed rear addition is setback one (1) metre from the rear boundary shared with the side boundary of No. 35 Marville Avenue.

2.  A carport is located along the rear boundary abutting a portion of the neighbour’s front yard and Council grassed area at front.

Photo 2 below shows the rear and the adjoining site at the rear (35 Marville Avenue).

Photo 2: looking towards the rear boundary of the subject site and the neighbouring dwelling (at right) No. 35 Marville Avenue.

 

Rear additions (containing bedroom and ensuite)

The proposed rear additions, housing a bedroom and ensuite, are souight to be setback 1000mm from the rear boundary that is shared with the side boundary of the dwelling at No. 35 Marville Avenue which has a generally commensurate side setback from this boundary. These rear additions will predominately be in place of the existing garage (see photo 3 below) except that it does extend 1250mm beyond the front façade of the neighbours dwelling. The main concern with the original application related to its impact on the streetscape and overshadowing impact on the neighbour’s north facing window which services a secondary living room (see photos 3 & 4). 

 

Photo 3: Shows rear neighbours north-facing window facing the side of the existing garage within the subject sites. Top of garage parapet is at RL28.00 and gutter below is at RL27.7.

 

Photo 3: Closer view of the neighbour’s north facing window at right and the existing garages roof and gutter.

Massing and scale

In relation to massing and scale, the amended application has deleted the upper level and replaced it with a single level habitable structure. The proposed rear additions have an effective southern elevation wall height of between 2.134m from the south eastern corner up to a height of 2.424m at the south-western corner. The proposed rear addition is 252mm higher than the existing garages gutter (RL27.924) and 48mm lower than the existing parapet.

 

Despite the higher and longer wall along the rear, it will continue to be within the scale of outbuilding development allowed for under the DCP as well as the location and massing of outbuildings within the wider LGA. In particular, when considered in the context of the more stringent DCP controls for Outbuildings, which allow for a maximum wall hegiht of 2.4m and an overall height of 3.6m, the proposed additions along this rear boundary will for the majority comply with only a small portion at the south-western corner that exceeds the maximum wall height control by 24mm. This is relatively minor in the context of the objectives and it is not considered that if it were made to comply that there would be any appreciable benefit to the streetscape character or amenity of the neighoburs north facing window in terms of solar access or visual amenity. As noted previously, the proposed 1000mm rear setback is commensurate with the neighbour’s side setback which ensures sastisfactory and fair retention of ventilation and natural light to this north facing window.

 

Solar access

In relation to solar access, elevation shadow diagrams (excerpt shown below) submitted in conjunction with a previous amended scheme, with a steeper skillion roof which has since been lowered from 32 degrees down to 10 degrees, shows the rear neighbours north facing window will receive at least three hours of solar access during the winter solstice. In adidtion, cumulative shadow diagrams submitted with the current amended scheme show that the neighbouring property to the east, at No. 17 Walenore Avenue, will also receive three hours of solar access during the winter solstice. Note: The reduced steepness of the roof was made in order to ensure retention of solar access to the eastern neighbour’s rear yard.

 

Overall, the amended scheme which is the subject of assessment will comply with the DCP controls for solar access to north facing windows.

Elevation shadow diagrams: Shadow cast at 10am, 12noon and 3pm onto the north facing window at 35 Marville Avenue show complying levels of solar access are retained to the north facing window. Notes: referenced Azimuth angles are incorrect however they do not alter the degree of overshadowing; The diagrams are based on a previous scheme that had steeper angled roof whcih means the current scheme will result in less overshadowing than that shown (where the degree of the roof is greater than the suns angle).

 

Carport

The proposed carport (southern elevation wall) is sought to be located over the existing driveway with a wall located along the rear southern boundary, that is a nil setback, abutting a portion of the southern neighbours front yard and Council owned grassed footpath area that also contains a mature brush box tree approximately 2.6m from this boundary (see photo 2 above). The proposed carport wall is sited 2350mm from the secondary street boundary, has an effective height above existing ground level of between 2.139m (above RL25.50) and 2.169m (above RL25.47) along this boundary and its roof profile will be 24mm higher than the existing garages gutter (RL27.724) as measured from the southern elevation.

 

The proposed carport wall is not located opposite any openings on the neighbours dwelling. In relation to the carports location and massing, it is not dissmilar to the location and massing of other garages and outbuildings located within the vicinity of the site and the broader locale. In particular, the corner site opposite at No. 10 Marville Avenue has a rear garage of larger scale and massing located at its rear boundary fronting Marville Avenue – see photo 5 below. In relation to the broader scale, there are numerous examples of rear outbuildings located within corner lots that are located in close proximity to and adjoin the side boundaries of neighbouring sites that front a secondary street. Aerial photo 2 shown below identifies these examples as circled in pink. 

 

Photo 5: Garage at the rear of No. 10 Marville Avenue opposite. A single garage is also sited at the rear of No. 13 Walenore Avenue (photo not shown)

Description: http://wnadm10:8084/eview/output/eview59760.png

Aerial photo 2: Corner sites that contain rear outbuildings that sit alongside and in some instances project further forward of dwellings that face a secondary Street identified.


Parking

The proposed carport will not result in any increased safety risks to pedestrians above that which currently exists. The carport is a single width structure and fits in with the design of the other additions. Its low profile will not result in any significant or unreasonable adverse impacts on the amenity of the neighbouring property and nor will the carport dominate or detract from the streetscape character.

 

Overall, the proposed rear additions inclusive of the carport will satisfy the objectives for setbacks, outbuildings, solar access, neighbours amenity and parking under the RDCP 2013.

 

Secondary street side fencing

Side boundary fencing along the western secondary street frontage has a height of approximatley 2m above the internal ground level and slightly higher above the Council grassed level. The proposed side fencing exceeds the 1800mm maximum (with an allowance of 150mm) solid front fence along a secondary street frontage. The height of the fence is generally within the scope of the 150mm allowance for stepped sites however in some parts it rises above the allowance. Hence a condition is included limiting the height of the secondary street fencing to a maximum of 1.95m above the finished ground level.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development, as amended, represents an appropriate planning response to the site constraints and opportunities. The continuing minor departures from DCP controls are justified and the development will have sustainable impacts on surrounding properties and the locality and will satisfy the relevant objectives under the DCP 2013 and the LEP 2012.

 

It is recommended that the application be approved.

 

 

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. 296/2014 for Alterations and additions to the existing dwelling house including new rear additions (amended to single storey) containing a carport, bedroom and en-suite at ground floor level with a skillion roof over at No. 15 Walenore Avenue, Kingsford, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

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

02 Revision C

Site studio

11/08/14

19 August 2014

03 Revision C

Site studio

11/08/14

19 August 2014

 

BASIX Certificate No.

Dated

Received by Council

A188414_02

20 August  2014

20 August 2014

 

Amendment of Plans & Documentation

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

 

a.   Screens at the Walenore Avenue alignment shall be designed so that the total area of any openings within the screen must be a minimum of 30% open across the area of the screens.

 

b.   The proposed fences located on the secondary street alignment along Marville Avenue and the rear boundary of the premises shall not exceed a maximum height of 1800mm, measured above the finished ground level within the subject site.

 

At changes in ground levels, the maximum height of the fence may exceed the abovementioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

c.   The laundry addition shall be setback a minimum of 900mm from the eastern side boundary.

 

Details demonstrating compliance with the above conditions shall be included in the Construction Certificate details.

 

 

Attachment/s:

 

1.

DA Compliance Report - 15 Walenore Avenue, Kingsford

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D78/14

 

 

Subject:                  7/192 Beach Street, Coogee (DA/438/2014)

Folder No:                   DA/438/2014

Author:                   Christopher Gorton, Assessment Officer     

 

Proposal:                    Partial piece meal enclosure of the existing balcony on the western side of unit 7 at first floor level

Ward:                     East Ward

Applicant:                Mr B J Maloney

Owner:                        The Owners - Strata Plan No. 18634

Summary

Recommendation:     Refusal

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

Development Application Executive summary report

 

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

 


1.      Proposal

 

The proposal is for the partial piece meal enclosure of the existing balcony for unit 7 at 192 Beach Street, Coogee. The unit is located in the north-western corner of the multi-unit housing development.

 

The proposal seeks to enclose a 4.139m² western section of the balcony with fixed glass and louvres to create a new ‘store room’. The partial enclosure also includes a new balustrade which will further restrict the trafficable balcony from 19.69m² to 9.72m².

 

2.      Site

 

The site is on the southern side of Neptune Street and western side of Beach Street, Coogee and is presently occupied by an existing part 3 and 4 storey multi-unit dwelling. The subject site has a regular rectangular shape and slopes moderately on an eastern aspect.

 

The subject site is rectangular in shape and has the following dimensions and land area:

 

 Boundary

Length

Land area

Eastern western, front boundary to Beach Street

22.77m

911.65m2

 

 

 

Northern, side boundary to Neptune Street

40.23m

Southern, side boundary

35.05m

Western, rear boundary

41.20m

 

Figure1. Subject Site (green indicates location of balcony enclosure)

 

Neighbouring the property to the east and west are three to six storey multi-unit developments and to the south is a three storey development. The surrounding area is predominantly characterised by medium density residential developments and consists predominantly of multi-unit housing developments.

 

The land is zoned R3 Medium Density Residential and is subject to Clause 6.7 of the LEP 2012 for foreshore scenic protection area.

 

3.      Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick comprehensive DCP. As a result of this notification, there were no submissions received.

 

4.      Key Issues

 

4.1      Randwick Local Environmental Plan 2012

§  Clauses 4.4 - Floor Space Ratio

The allowable FSR applicable to the site is 0.9:1 identified under the RLEP 2012.  The Multi-unit housing development was approved in 1980 with a F.S.R of 0.883:1, Approval was then granted in 2012 (DA/194/2012) to enclose a small ground level terrace, which resulted in a new F.S.R of 0.888:1. The proposed development will result in an additional 4.139m² and a revised F.S.R of 0.893:1, when calculated in accordance with the definition for “gross floor area” as defined by the current Randwick Local Environmental Plan 2012.

 

Whilst the proposed piece meal balcony enclosure meets the numerical controls the proposal is considered to not meet the relevant objectives of Clause 4.4 of the RLEP 2012, the partial piece meal enclosure of the balcony has the potential for the loss of articulation to the building and detrimental affects on the buildings architectural integrity by the piece meal enclosure of balconies and will adversely impact on the amenity of the adjoining and neighbouring land in terms of visual bulk.

 

The proposal will also set an undesirable precedent within the multi-unit development for the further piece meal enclosure of balconies. The proposal is not consistent with the objectives of the RLEP 2012 in that the scale and mass of the development will not achieve a suitable urban design outcome and will adversely affect the existing character of the streetscape and foreshore scenic protection area.

 

§  Clause 6.7 - Foreshore scenic protection area

The subject site is in a prominent corner location (Neptune and Beach Street) which is situated within a Foreshore Scenic Protection Area under the Randwick LEP 2012.

 

The proposal is considered to set an undesirable precedent for the further piece meal enclosure of balconies to the building, the cumulative impact is not compatible with the existing streetscape character and would disrupt the articulated façade of the existing building. The piece meal balcony enclosure will result in an increase in perceivable bulk and scale of the structures as viewed from the private and public domain.

 

The partial piece meal balcony enclosure will detract from the prevailing character of the area and set an undesirable precedent in which the cumulative impact will further add to the perceivable bulk of the development. Therefore, the proposal does not satisfy the objectives of the clause and is not considered satisfactory in this regard.

 

4.2    Comprehensive Development Control Plan

 

§  Building Façade

The existing Residential flat building approved in 1980 as part of DA/176/1980 is part 3/part 4 stories with all levels consisting of large wrap around balconies (as seen in figure 2 below).

 

Figure 2: Subject Residential Flat Building

 

The proposed partial piece meal enclosure of the balcony of unit 7 will increase the buildings overall visual bulk as well as detract from the appearance of the building and compromise its existing architectural integrity.  If approved the piece meal enclosure of the balcony will create an undesirable precedent for other units within the building and within the surrounding area; this will have detrimental impacts on the visual appearance of the existing building, streets character and the foreshore scenic protection area.

 

Figure 3: Proposed partial balcony enclosure (shown in red)

 

It is considered that the proposed partial piece meal enclosure of the balcony of unit 7 does not meet the relevant objectives or controls as outline in the RDCP 2013 and will result in adverse impacts on the existing architectural integrity of the building, the visual bulk as perceived from the surrounding environment and will create an undesirable precedent for the further piece meal enclosure of balconies.

 

§  Balcony

The subject unit consists of a singular irregular shaped balcony facing Neptune Street as seen in figure 4 below. The existing balcony has an area of 19.69m².

 

Figure 4: Existing floor plan

 

The proposal seeks to enclose a 4.139m² western section of the balcony with fixed glass and louvres to create a new ‘store room’. The partial enclosure also includes a new balustrade which will further restrict the trafficable balcony from 19.69m² to 9.72m² as shown below in figure 5.

 

Figure 5: Proposed floor plan (non trafficable roof shown in red)

 

The proposed partial piece meal balcony enclosure and subsequent balustrade removes the only section of balcony which met the required numerical control of minimum dimension of 2m. The resultant balcony will be 4.02m x 1.5m and 0.825m x 4.47m. It is considered that the proposal will remove a significant functional component private open space and that the balcony will no longer be integrated into the overall architectural form and detail of the residential flat building.

 

The proposal is considered not to meet the relevant objectives and controls in the RDCP 2013.

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

 

Overall, the proposed development poses a number of concerns with respect to the objectives and performance requirements of relevant Local and State planning controls:

 

The proposed development does not comply with the Objectives of Clause 2.3 of the Randwick Local Environmental Plan 2012, R3 Medium Density Residential in that the proposed development will not maintain the desirable elements of the existing streetscape and built form.

 

The proposal is considered to not meet the relevant assessment criteria and the objectives and controls of the RDCP 2013, creating an undesired and unwanted precedence for the piece meal enclosure of balconies, which will result in significant adverse impacts upon the bulk of the building, its architectural integrity as well as the desired character for the locality and foreshore scenic protection area.

 

The application is recommended for refusal, based on the reasons identified in the schedule contained in the attached Summary Report.

 

 

Recommendation

 

That Council, as the consent authority, refuses consent to Development Application No. 438/2014 for partial piece meal enclosure of the existing balcony on the western side of unit 7 at first floor level for 7/192 Beach Street, Coogee, pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, for the following reasons:

 

1.  The proposed development does not comply with the Objectives of Clause 2.3 of the Randwick Local Environmental Plan 2012, R3 Medium Density Residential in that the proposed development will not maintain the desirable elements of the existing streetscape and built form and does not protect the amenity of residents.

 

2.  The proposal does not satisfy the objectives for building design as set out in Clause 4.1 of the Randwick Comprehensive Development Control Plan in that the proposed partial piece meal balcony enclosure does not ensure the building façade is articulated to complement and enhance the streetscape and neighbourhood character.

 

3.  The proposed development does not satisfy the objectives for balconies in Clause 4.8 of the Randwick Comprehensive Development Control Plan in that apartments are to be provided with a functional private open space a minimum dimension of 2m.

 

4.  The proposed development does not satisfy the controls for balconies in Clause 4.8 of the Randwick Comprehensive Development Control Plan in that apartments are to be provided with a primary balcony with a minimum dimension of 2m and that the piece meal enclosure of balconies on existing residential flat buildings will not generally be supported unless an overall scheme for the building is implemented.

 

5.  The scheme proposes a built form that does not meet the objectives and controls for the Foreshore Scenic Protection Area set out in Part B10 of the Randwick Development Control Plan 2013.

 

6.  The proposal is not in the public interest and does not satisfy Section 79C(i)(e) of the Environmental Planning and Assessment Act 1979.

 

 

Attachment/s:

 

1.

DA Report - Compliance Report - 7/192 Beach Street, Coogee 

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D79/14

 

 

Subject:                  66 Gubbuteh Road, Little Bay - DA/781/2008/E

Folder No:                   DA/781/2008/E

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                    Section 96 modification of the approved development by increasing the size of the master bedroom at first floor level

Ward:                     South Ward

Applicant:                G Boutsalis

Owner:                        Mr. G Boutsalis & Mrs. D Boutsalis

Summary

Recommendation:     Approval

Description: http://wnadm10:8084/eview/output/eview61269.png

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

This section 96 modification application is referred to the Planning Committee as the original development application was determined by Council at the Ordinary Council meeting on the 23 June 2009. 

 


Proposal

 

The subject section 96 application seeks to modify the approved development by increasing the size of the master bedroom to accommodate an additional robe area at first floor level.

 

Site

 

The subject site is located on the eastern side of Gubbuteh Road. It is currently under construction and is approved for a part two and part three storey dwelling house with basement car parking. The site has a frontage at Gubbuteh Road of approximately 15 metres and a side boundary depth of 48 metres, the subject site has an area of 737.8m2.

 

Neighbouring to the north and south of the site is an existing free standing dwelling and to the east is the golf course and views to Little Bay. The lot is within the Prince Henry Hospital re-development and the land falls away from the street on a gentle easterly aspect. The subject site is located within a R1 general residential zone and the locality is primarily residential in nature and contains predominately free standing dwellings.

 

Section 96 Amendment

 

Under the provisions of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:

 

Substantially the same development:

The proposal will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was granted. The proposal involves an increase to the size of the master bedroom at first floor level to accommodate a robe area. The modifications will not result in any significant or unreasonable appreciable impacts upon the amenity of the adjoining dwellings or the character of the locality. Therefore, it is considered the modifications are considered to result in substantially the same development for which consent was granted.  

 

Notification and consideration of submissions:

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. As a result of the notification process, no submissions were received.

 

Consultation with relevant public authorities:

No referrals to other public authorities are required.

 

Key Issues

 

·      Randwick Local Environmental Plan 2012

 

Clause 4.4: Floor Space Ratios

The section 96 modifications involve an increase to the size of the first floor master bedroom and contribute to an additional 8.8 square metres. The proposal does not comply with the maximum permissible floor space ratio (FSR) development standards within the RLEP 2012 as detailed within the FSR Map. The non-compliance is summarized in the table below:


 

 

Floor Space Ratio

Gross Floor Area

Approved development

0.62:1

456.7 m²

Current modifications

0.63:1

465.5 m²

Permissible Floor Space Ratio/Gross Floor Area

0.5:1

368.9 m²

Section 96 Floor Space Ratio/Gross Floor Area in excess of LEP development standard

0.13:1

96.6

 

The subject modification will increase the deviation from the FSR development standard as compared to the approved scheme. Given that the current application is made pursuant to Section 96 of the EP&A Act, a Clause 4.6: Exceptions to Development Standards is not required to justify the variation from the statutory control. It is considered that the proposed FSR is satisfactory for the following reasons:

 

·           The extent of the increase in gross floor area (being 8.8 m2) is minor in nature and there are no significant changes to the approved building envelope. The built form will not result in any unreasonable amenity impacts in terms of overshadowing, views or privacy impacts than the approved development.

 

·           The new robe area will not significantly impact the amenity of the streetscape and will remain in keeping with the individual character of the development. In addition to this, the new addition is significantly setback from the front boundary at approximately 19 metres and will not contribute to an unreasonable level of visual bulk and scale.

 

·           The proposed first floor addition will comply with the side setback controls of 1.5 metres and the relevant design criteria within the RDCP 2013 for the Prince Henry Site. 

 

The proposed modifications to the approved development are reasonable and will not result in significant additional impacts on the adjoining properties. The proposal is consistent with the aims of the LEP and the R1; General Residential zoning objectives in that the proposal will not compromise the amenity of the residents. The deviation from the FSR control is therefore supported.

 

·      Randwick Development Control Plan 2013

 

E4: Prince Henry Site Little Bay

The proposed section 96 modifications will continue to comply with the relevant controls and objectives of the RDCP 2013. The development provides a 1.5 metre side setback and is largely confined within the existing building envelope. The addition will not contribute to any view loss impacts and will maintain the architectural merit of the approved development.

 

Heritage

·           Council’s Heritage Planning Officer has provided the following comments

 

Background

The subject site is located within the Prince Henry Hospital Conservation Area identified in the Randwick Local Environmental Plan Amendment No 28.  The former hospital site and a number of buildings on it are listed on the State Heritage Register for their Aboriginal, natural, landscape and built heritage values.

 

The hospital site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment prepared by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan and Development Control Plan for adaptation of the former hospital site to residential use. 

 

Subject Site

The site is in the eastern part of the development area, on the eastern side of Gubbuteh Road, to the south of the open space area on the Gubbuteh Road bend, and slopes from west to east.  The subject site is within Precinct P1 as identified in the Prince Henry Site Development Control Plan.

 

History

The original application proposed a detached dwelling, predominantly of two storeys, but stepped over three levels.  The dwelling has a two storey scale to the street, and steps down the site with a two, two and a half, and three storey scale to the side elevations and a staggered three storey scale to the open space area.  External wall materials comprise stonework, cement rendered masonry, painted fibre cement, metal louvres and glass balustrades. 

 

Previous Section 96 applications included enlargement of the rumpus room, changes to the pool and ground and first floor decks, enlargement of bedrooms and deletion of a consent condition. 

 

Proposal

A further Section 96 application has now been received which proposes to enlarge the existing master bedroom complex on the first floor to include a robe area. 

 

Submission

The original application was accompanied by a Heritage Impact Assessment prepared by Perumal Murphy Alessi.  The current application is accompanied by a submission which addresses the section of Randwick Development Control Plan 2013 for the Prince Henry site, but does not address heritage issues. 

 

Approvals

As the site is listed on the State Heritage Register, the proposal generally needs to be the subject of an Integrated Development Application.  As the NSW Heritage Council is the consent authority for the application, Council cannot issue development approval until the Heritage Council has provided conditions of consent. 

 

Site specific exemptions for the Prince Henry site for new single residences and multi-unit residential buildings which comply with the Prince Henry site DCP were gazetted in June 2005.  These Exemptions however are no longer applicable as they make reference to Council’s now superseded LEP and DCP.  The Heritage Division of the Office of Environment and Heritage are in the process of updating the Exemptions for re-gazettal. 

 

Consistency of the proposal with LEP, CMP and AMP

The bedroom enlargement will project on the northern elevation around 300mm beyond the line of the walls below, encroaching into the required side setback area.  The addition is to be clad in zinc sheeting, and will further add to the design complexity of the existing building and somewhat accentuate the scale of the dwelling along its northern side elevation.  It is considered however that the amended proposal will not result in any increased impacts to identified built or landscape elements, including settings and views.  It is considered that the proposed dwelling remains generally consistent with the CMP, the AMP, the Amended Master Plan (August 2003), the LEP and the DCP.  It is suggested that a consent condition be included precluding further enclosure of the terrace areas. 

 

Recommendation

No additional consent conditions are required. 

 

·           NSW Heritage Council

Correspondence has been received by the NSW Heritage Council regarding the subject Section 96 application and advised that the modification to the approved design is unlikely to have any adverse impact on the heritage significance of the Prince Henry Site or individual heritage items on that site. Therefore, the Heritage Division has no objection to the approved application.

 

Note from Planning Officer: Council’s heritage planning officer has provided confirmation that the section 96 modification should not include a condition of consent precluding further enclosure of the terrace areas (as stated above) given that no terraces are to be enclosed as part of the subject application.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the approved development has been assessed against the requirements of the relevant planning guidelines of the RLEP 2012, the relevant council policies including the RDCP 2013 as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The proposed modification will result in substantially the same development as that previously approved and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/781/2008/E for permission to modify the approved by increasing the size of the master bedroom at first floor level, at No. 66 Gubbuteh Road, Little Bay, subject to the following conditions:

 

        Amend Condition No.1

1.     The development must be implemented substantially in accordance with the plans numbered DA01 dated 2/9/08 and received by Council 30/10/08 and plans numbered DA02 to DA05 dated May 2009 and received by Council 2/6/09, the application form and on any supporting information received with the application, as amended by the:

 

·              Section 96 ‘A’ plans numbered 0610, Issue D, Sheets S9601 – S9603  dated 16 November 2009 and received by Council 19th November 2009;

·              Section 96 ‘B’ plans labelled ‘pool layout plan’ dated 16/11/2010 and ‘southern wall detail’ dated 04/11/2010 and received by Council 18th November 2010;

·              Section 96 ‘C’  plans numbered 0610, Issue E, Sheets S9601 – S9603, dated 08/11/2011   and received by Council on 07/12/2011;

·              Section 96 ‘D’ plans numbered 0610, Issue F, Sheets S9601 – S9604, dated 13 September 2012 and received by Council on 25 October 2012;

·              Section 96 ‘E’ plans numbered S9601 – S9604, all issue H, dated 20.08.14 and received by Council on 21 August 2014

 

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

 

Add Condition No. 63

63.   In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

An amended BASIX certificate must be consistent with the plans referenced in Condition 1 of this determination and a copy shall be submitted to Council and the Principal Certifying Authority prior to an occupation certificate being issued for the development.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D80/14

 

 

Subject:                  24 Haig Street, Maroubra - DA/342/2014

Folder No:                   DA/342/2014

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                    Construction of a secondary dwelling above existing garage, new garage door and internal changes to garage

Ward:                     Central Ward

Applicant:                Mr. N Besser

Owner:                        Ms. A Bard

Summary

Recommendation:     Refusal

Description: http://wnadm10:8084/eview/output/eview61330.png

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is reported to the Planning Committee at the request of Councillors Andrews, D’Souza, Nash, Seng, Stavrinos and Stevenson.

 

Proposal

 

The proposal involves the following works:

·        Construction of a secondary dwelling on top of the existing garage structure with 2 x bedrooms, living room, shower, dining and kitchen

·        Alterations to the garage door openings at ground floor level

·        Internal alterations to garage to accommodate the stairs for access to upper floor level.

 

Site

 

The subject site is located on the northern side of Haig Street and is currently occupied by a single storey detached dwelling house. The site has a width of 10.10 metres fronting Maroubra Lane, a site boundary depth of 54.14 metres along the western boundary and 51.93 metres along the eastern boundary. The subject site has an overall site area of 538.8 m²

 

Neighbouring the property to the north is Maroubra Lane and to the east and west are existing two storey detached dwelling houses. The immediate locality is a mixture of low and medium density residential dwellings including detached dwelling houses and multi dwelling housing.

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. As a result of the notification process, no submissions were received.  

 

Key Issues

 

·      Randwick Local Environmental Plan 2012

 

Clause 4.6: Exceptions to Development Standards

The proposed development contravenes the maximum permissible floor space for secondary dwellings contained within the Clause 22(3)(b) of the State Environmental Planning Policy (SEPP) for Affordable Rental Housing (ARH) 2009. The applicant has not submitted a written request to justify the contravention of the standards pursuant to Clause 4.6 of the LEP.

 

Secondary Dwellings

Clause 22(3)(b) of the SEPP ARH 2009 permits development for the purposes of a secondary dwelling with a maximum permissible floor area of 60. The secondary dwelling has a floor area of 138 and exceeds the floor area by 78m². This represents a variation to the development standard by 230%. The proposed variation is summarized in the table below:

 

 

Gross Floor Area (GFA)

Proposed development

138m2

Permissible FSR / GFA

60m2

GFA in excess of SEEP standard

78m2

Variation from the permissible GFA for secondary dwellings

230%

 

Assessment against the applicant’s written justifications for the contravention of the development standard

Pursuant to clause 4.6(3) of RLEP 2012 development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

 

(a)     That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

 

(b)     That there are sufficient environmental planning grounds to justify contravening the development standard.

 

Further, the consent authority must be satisfied that:

 

(i)      The applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

 

(ii)      The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

The concurrence of the Director-General of the Department of Planning and Infrastructure must also be obtained for development that contravenes a development standard. However, pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed in certain cases.

 

In relation to the matters required to be demonstrated by subclause (3) there are various ways that may be invoked to establish that compliance with a development standard is unreasonable or unnecessary as discussed by Chief Justice Preston of the NSW Land and Environment Court in the case of in Wehbe v Pittwater Council [2007] NSWLEC 827. Although the Wehbe case was decided in relation to State Environmental Planning Policy No 1—Development Standards (“SEPP 1”) and not clause 4.6 of RLEP 2012 it remains of some assistance in relation to identifying the ways in which an applicant may demonstrate that compliance with a development standard is unreasonable or unnecessary in the circumstances of the case.

 

Has the applicant’s written request adequately addressed that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

The SEPP ARH 2009 does not include any relevant objectives for Clause 22(3)(B) and simply advises that the floor area must not exceed 60 square metres or 10% of the total floor area of the principle dwelling. Subsequently, the aims of the SEPP Affordable Rental Housing 2009 are assessed accordingly:

 

(a)   To provide a consistent planning regime for the provision of affordable rental housing,

(b)   To facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,

(c)   To facilitate the retention and mitigate the loss of existing affordable rental housing,

(d)   To employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,

(e)   To facilitate an expanded role for not-for-profit-providers of affordable rental housing,

(f)    To support local business centres by providing affordable rental housing for workers close to places of work,

(g)   To facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.

 

Whilst there are no specified objectives for Clause 22(3), a secondary dwelling as defined under the SEPP provides that these types of developments are largely aimed at providing accommodation of inter-family arrangements or local workers on low to moderate incomes. Secondary dwelling must remain subservient to the primary dwelling; secondary dwellings are likely to be able to be accommodated on a site with a minimum 450sqm site area; that parking need not be provided for the secondary dwelling and the Consent Authority to undertake an environmental assessment having regard to the suitability of the site to occupy a Primary and Secondary dwelling within relevant building design guidelines and the specific local conditions. In this respect see assessment under the Section: Comprehensive Development Control Plans. A merits based assessment has also been carried out in assessing the reasonableness of the proposal.

 

The applicant has not submitted a Clause 4.6: Exceptions to Development Standards as part of the development application. Rather the applicant has issued a statement from a legal representative and specified:

 

 

The advice concludes that given there is no express definition of the term ‘total floor area of the secondary dwelling’ within the SEPP ARH 2009 and the RLEP 2012 and therefore a maximum floor area for a secondary dwelling does not apply.

 

In assessing the proposed development and the applicant’s statement, it is considered that the secondary dwelling does not achieve a high level of consistency with the aims of the standards and would not lead to a positive planning and design outcome for the following reasons:

 

·      Council is maintaining a consistent planning position in the assessment of secondary dwellings and the definition of ‘floor area’ as detailed within Schedule 1, Clause 4(3) of the SEPP ARH 2009.

 

·      The proposed secondary dwelling represents a significant departure from the maximum permissible floor area of 60m² as per Clause 22(3)(B) of the SEPP ARH 2009. In addition to this, the development application does not include a Clause 4.6: Exceptions to Development Standards or provide adequate justification to the non-compliance.  

 

·      The proposed development is excessive in size and scale which is contributed largely due to the mansard roof design. The ‘roof’ contains similar characteristics of an external wall given its steeply pitched roof form. The ridge of the roof is perpendicular to the laneway and contributes to the visual bulk and scale of the development.

 

·      It is considered that the excessive size of the secondary dwelling will compete in size with the primary dwelling. As such, rather than remaining ancillary and subservient as is the intent of the SEPP ARH 2009.

 

·      The proposal is considered inappropriate and will contribute to an undesirable planning precedent to laneway developments.

 

Comments:

The variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical maximum floor area standards for secondary dwellings will be of greater contribution to the public benefit in this instance. 

 

Has the applicant’s written request adequately addressed that there are sufficient environmental planning grounds to justify contravening the development standard?

The proposal has not been carefully designed to achieve the planning objectives for the locality and does is not in keeping with the scale and character of the development within the existing streetscape.  

 

The applicant’s written request has not successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Will the proposed development be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?

Based on the above assessment, it is considered that the proposed development is inconsistent with the maximum floor area standards for secondary dwellings as prescribed within the SEPP ARH 2009. The objectives for development within the zone in which the development is proposed to be carried out (Zone R2 - Low Density Residential) are:

 

·      To provide for the housing needs of the community within a low density residential environment.

·      To enable other land uses that provide facilities or services to meet day to day needs of residents.

·      To recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition, that contribute to the desired future character of the locality.

·      To protect the amenity of the residents.

·      To encourage housing affordability.

·      To enable small-scale business uses in existing commercial buildings

 

In accordance with the Randwick Local Environmental Plan 2012, secondary dwellings are not a permissible use within R2: Low Density Residential zoning. However, it is a permissible use as per the State Environmental Planning Policy – Affordable Rental Housing 2009.

 

Nevertheless, the proposal is inconsistent with the objectives of the zone and contributes to a development that is excessive in bulk and scale and is not sympathetic to the immediate residential locality. The development will compromise the appearance of the dwelling within the streetscape and does not contribute positively to the desired future character of the locality. Subsequently, the application has been recommended for refusal. 

 

Does the Council have delegation to exercise the concurrence function of the Director-General of the Department of Planning and Infrastructure for development that contravenes a development standard? If so:

 

(a)    Whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

 

(a)    The public benefit of maintaining the development standard.

Pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed to the granting of development consent to the development that contravenes the development standard for maximum permissible floor area for secondary dwellings in accordance with the SEPP for ARH 2009.

 

Variation from the adherence to the numerical maximum floor area for secondary dwellings standard will be detrimental to the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

 

The proposed development and variation from the development standard raises matters of significance for State or regional environmental planning. The strict adherence to the numerical standard is necessary, in this case, for maintaining the low density housing forms where such development does not compromise the amenity of surrounding residential areas and is compatible with the character of existing laneway development.

 

The proposed development does not satisfy the provisions of Clauses 4.6(3) and (4) of the RLEP 2012. Therefore, the applicant’s written justifications for contravening the FSR standard is not considered to be well founded and is refused.

 

·      Randwick Development Control Plan 2013

 

Clause 8.1: Development in Laneways

The Comprehensive Development Control Plan specifies that all ancillary buildings fronting laneways must have a maximum wall height of 4.5 metres and building height of 6 metres. The proposed secondary dwelling above the existing garage does not comply with Council’s controls as the external wall height of the development is 5.6 metres in height and is a substantial departure from Council’s controls. The mansard roof design contains similar characteristics as an external wall as it contains the secondary dwelling within its roof space. The nature of the roof is steeply sloping in form, measures perpendicular along Maroubra Lane and the protruding roof form is considered to be substantially more bulky than a more conventional gable roof design. Furthermore, comparisons to the approved two storey structure at no. 20 Haig Street are unjustified given the structure adopts a gable roof design which is  more sympathetic and less bulky then the proposed mansard design. In considering the merits of the proposal, the development is not in keeping with the objectives of the DCP as the proposal results in an excessive visual bulk and scale and will not remain secondary to the dwelling on the site. The proposal will adversely impact the visual amenity of the development as viewed from the laneway and the neighbouring premises and is recommended for refusal.

 

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 subject application has been recommended for refusal given the proposed development does not comply with the relevant controls of the Comprehensive Development Control Plan in that the design of the mansard roof form contributes to a perceivable increase to the external wall height and an unreasonable level of visual bulk and scale as viewed from the laneway. In addition to this, the proposed development substantially exceeds the development standards within the SEPP ARH 2009 at 138sqm well above the maximum floor area of 60sqm.  The applicant has not submitted any justification to the contravention of the standards pursuant to Clause 4.6 of the RLEP 2012 and the statement provided is not consistent with Council practices and procedures in calculating floor area for secondary dwellings.

 

Therefore, the application is recommended for refusal.

 

 

Recommendation

 

        That Council, as the consent authority, refuses development consent under Section 80 of the Environmental Planning and Assessment Act, 1979, as amended, to Development Application No. 342/2014 for the construction of a secondary dwelling above the existing garage, new garage door at No. 24 Haig Street, Maroubra, for the following reasons:

 

1.           The proposal does not satisfy Clause 22(3)(b) within the State Environmental Planning Policy for Affordable Rental Housing 2009 in that the proposal exceeds the maximum permissible floor area for secondary dwellings.

 

2.           The proposed development does not comply with the relevant objectives of R2 - Low Density Residential zone under Randwick Local Environmental Plan 2012. The secondary dwelling is considered to be visually intrusive and is not in keeping with the predominate character of the laneway. 

 

3.           The documentation submitted with the application is deficient of information and does not include a Clause 4.6: Exceptions to Development Standards to address the departure from the maximum permissible floor area for secondary dwellings of Clause 22(3)(b) within the SEPP ARH 2009. 

 

4.           The proposed development does not satisfy the objectives and controls for laneway development as detailed in C1: Low Density Residential, Clause 8.1 of the Randwick Comprehensive Development Control Plan in that the design of the upper-floor level will result in a development that is excessive in visual bulk and scale and will compromise the visual amenity from the laneway and the neighbouring premises.

 

 

Attachment/s:

 

1.

DA Compliance Report - 24 Haig Street , Maroubra

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D81/14

 

 

Subject:                  59- 65 Chester Ave, Maroubra (DA/280/2014)

Folder No:                   DA/280/2014

Author:                   Scott Williamson, Senior Assessment Officer       

 

Proposal:                    Demolition of the existing structures, construction of a three (3) storey residential flat building containing 32 units, basement car parking for 34 vehicles, landscaping and associated works (variation to height control)

Ward:                     South Ward

Applicant:                Fox Johnston Architects

Owner:                        Chester Projects Pty Ltd

Summary

Recommendation:     Approval, subject to conditions.

 

 

 

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee based on a cost of works exceeding $2 million.

 


1.        Proposal

 

The application, as amended on 7 August 2014, proposes demolition of the existing structures and construction of a three (3) storey residential flat building.

 

Design scheme detail:

 

·      External works including demolition of the existing semi- detached dwellings, site works and landscaping across the site;

·      Basement parking for 34 vehicles, accessed via a single driveway ramp from Chester Ave. The basement area also accommodates two (2) motorcycle parking spaces, 20 bicycle parking spaces and waste area;

·      Provision of 32 apartments over three (3) floors, in the following arrangement:

Apartment type

No. of units   

Studio

12

One (1) bedroom

18

Two (2) bedroom

2

Total

32 units

 

Site inspections were carried out in May and August of 2014.

 

 

 

Figure 1: Montage of the proposed development, as viewed from Chester Ave.

 

 Figure 2: Existing development at 59 and 61 Chester Ave, as viewed form Chester Ave.

 

Figure 3: Existing semi- detached dwellings at 63 and 65 Chester Ave.

 

Figure 4: The southern neighbour.

Figure 5: The northern neighbour, left of frame. Large pine proposed to be removed shown right of frame.

 

2.        History

 

2.1      Current application, DA/280/2014:

·      7 August 2014 –The applicant submitted amended plans, making a number of amendments in response to Council and Design Review Panel advice. Changes included:

 

o Redistribute bulk at upper floor level to increase side setbacks;

o Reduce floor space to comply with the 0.75:1 control;

o Increase setback to clerestory from side elevations;

o Additional privacy measures to the eastern elevation and setback;

o Addition of hoods to windows;

o Addition of ceiling fans;

o Addition of a clothes drying area;

o Clarification of louvers lining breezeways.

 

The following assessment is conducted in accordance with the amendments made on 7 August 2014.

 

3.        Site context

 

The subject site is presently made up of four (4) Torrens Title allotments of east –west orientation, known as 59 through 65 Chester Ave, Maroubra, and described as follows:

 

Address

Lot & DP

59 Chester Ave, Maroubra

Lot 344B, DP 36798

61 Chester Ave, Maroubra

Lot 344A, DP 36798

63 Chester Ave, Maroubra

Lot 343B, DP 36798

65 Chester Ave, Maroubra

Lot 343A, DP 36798

 

The site is located on the eastern side of Chester Ave, close to the intersection of Chester Avenue and Portland Crescent. The site has a single frontage to Chester Ave. The parcel is square in shape and oriented east- west. Topographically, the site has a cross fall of roughly two (2) metres from the southern to northern shared boundaries.

 

Boundary

Length

Site area

Western, Chester Ave boundary

42.4m

1794.8m2

Eastern, rear boundary

42.4m

Southern, side boundary

42.06m

Northern, side boundary

42.06m

 

Each site presently comprises a two (2) storey semi- detached dwelling with gable roof.

 

Surrounding development is characterised by multi- unit development, with interspersed single dwellings. Multi- unit development in the vicinity comprises a mixture of walk-up flat buildings and townhouse style development.

 

To the immediate south of the subject site exists a three (3) storey walk-up flat building, owned by Housing NSW. Further examples of this type of development occur further to the south, across Portland Crescent and also owned and operated by Housing NSW. To the north of the subject site exists two (2) storey multi unit developments. Single dwellings are located to the east, beyond the rear boundary of the subject site and to the west across Chester Ave.

 

Neither the subject site or it’s surrounds are noted to have any individual heritage significance within the provisions within RLEP 2012. The site and it’s surrounds are part of the Coral Sea Park Estate.

 

4.        Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the application between 28 May and 12 June 2014 in accordance with the DCP – Public Notification. As a result of this notification, the following submissions were received:

 

·      51 Chester Ave, Maroubra;

·      4/53 Chester Ave, Maroubra;

·      1/55- 57 Chester Ave, Maroubra;

·      6/55- 57 Chester Ave, Maroubra;

·      18 Chicago Ave, Maroubra;

·      58- 58A Chester Ave, Maroubra;

·      106 Macquarie Strete, Chifley;

·      2/4 Portland Crescent, Maroubra.

 

Issue

Comment

Compliance with LEP:

·    The proposal is inconsistent with the zoning controls.

 

 

The application is considered to satisfactorily respond to the objectives of the zone and is acceptable in this respect.

Built form:

·    The proposal does not comply with height and FSR controls;

·    The three (3) storey scale is out of character with the street;

·    The apartment mix is out of character with the street;

·    The proposal is an overdevelopment of the site.

 

The built form of the proposal is discussed in further detail below.

The proposal was amended on 7 August 2014 inclusive of a compliant floor space and increased landscaping.

A three (3) storey development can be feasibly accommodated within the 9.5 metre height control. The height variation corresponds predominantly to a clerestory window, which enhances internal amenity and is of negligible impact to surrounds. 

The proposal is considered sympathetic to the character of the street, being of a lesser scale than development to the south and providing transition down to development to the north.

The apartment mix is considered satisfactory in relation to the relevant planning controls.

Landscaping:

·      The arborists report is deficient;

·      Loss of the Norfolk Pine will detract from the streetscape and shows disregard for local history.

 

Council’s Landscape Engineer reviewed the proposal, the Arborist’s report and remaining trees on the site and has reluctantly agreed to removal of the pine tree. 

Alternate options were explored to enable the tree to be retained. Allowing for a reasonable development on the site proved prohibitive given the tree’s location.

It is considered the proposal is inclusive of a sufficient amount of landscaping to offset the removal of the tree and green the streetscape elevation.

Solar access:

·    Concern over shadow impact upon units in 55-57 Chester Ave.

 

Solar access is discussed in further detail below.

The orientation of the site is such that the building at 55- 57 Chester Ave cannot be overshadowed by the proposed development during the winter solstices.

The impact of shadow upon properties to the south is considered to be reasonable in the scope of a medium density residential context. Windows and open spaces will receive a sufficient amount of solar access on 21 June under the proposal.

Privacy:

·    The proposal orients three (3) balconies toward bedrooms of 55 Chester Ave, preventing any privacy;

·    Concern the proposal will allow overlooking of private open space of surrounding properties.

 

 

Privacy is discussed in further detail below.

The proposed development achieves satisfactory privacy outcomes in respect of adjoining properties and is consistent with a medium density environment. Suitable conditions have been imposed where necessary to offset overlooking from upper floor balconies.

Traffic and parking:

·    The street is too narrow for the extra capacity proposed;

·    Concern that traffic and parking issues in the area will be exacerbated by the proposal;

·    Concern an insufficient amount of parking is provided;

·    Concern over maintaining access for emergency vehicles through Chester Ave;

·    Suggest Chester Ave be made one way and have speed bumps installed;

·    Concerns over accuracy of the submitted Traffic Report;

·    The proposed driveway will now service over 30 vehicles and is adjacent bedroom windows;

·    The proposed driveway is adjacent a pedestrian access and poses safety concern.

 

The scheme meets the requirements of the parking controls for the site, with 34 spaces provided at basement level.

The proposal was reviewed by Council’s Development Engineer and is not expected to create any unacceptable impacts on traffic movements in the street or at the nearby intersections.

It is been acknowledged that the Chester Avenue road reserve is relatively narrow, however the occurrence of any conflict is not expected to significantly increase given the low increase in traffic generation and that all parking needs (including visitor parking) for the development will be provided on-site within the basement car park.

Other:

·      Concern over management issues that would result from rented apartments;

·      Concern over economic impact upon adjoining properties.

·      Proposed colours and finishes are inconsistent with surrounds;

·      Storm water runoff to 55 Chester Ave is an existing issue which will likely be worsened.

·      Recommend an archaeological survey be required.

 

 

Whilst the apartment mix is slanted toward studio and one (1) bedroom apartments, there is nothing to suggest that their use or rental will lead to any adverse social impacts

Property value is not a matter that can be considered within the scope of a planning assessment.

An amended colours and materials schedule was submitted on 7 August 2014 that will provide a compatible and sympathetic treatment to the development.

Council’s Development Engineer has reviewed the proposal in respect of storm water, recommending conditions to avoid exacerbating any run-off issues.

The site is not identified as having any potential archaeological significance and as such a site survey is not necessary.

 

One (1) letter of support was received in relation to the proposal, from an unknown address.

 

Amendments of 7 August 2014 included reduced floor space, reduced unit number and increased setbacks. The amendments are considered to pose a reduced impact from the scheme previously notified and as such, re- notification was not necessary.

 


5.        Request to vary a development standard – RLEP Clause 4.6

 

Clause 4.6 of RLEP provides a mechanism for variation to development standards in certain circumstances.

 

The proposal contravenes the building height development standard of Clause 4.3: Height of Buildings, contained within RLEP 2012. The applicant has submitted a written justification that seeks to justify the contravention of the standard pursuant to Clause 4.6. The variation is addressed as follows:

 

5.1      Maximum Building Height Control

Clause 4.3 (2) states that the maximum height of buildings on this site is 9.5 metres. The amended proposal is inclusive of building height of 11.9 metres, which occurs to the top of a clerestory window.

 

Figure 6: The northern elevation of the proposal, where the maximum height of the building occurs.

 

The proposed variation is summarised in the table below:

 

Clause

Required

Proposed

Compliance

Variation

 

4.3 (2)

Height of buildings

9.5 m

11.9 m

No- Clause 4.6 variation submitted

25% (2.4m) variation.

 

(i)        Assessment against the applicant’s written justifications for the contravention of the development standard

Pursuant to clause 4.6(3) of RLEP 2012, development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

 

(a)    that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and;

 

(b)    that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Further, the consent authority must be satisfied that:

 

(i)     the applicant’s written request has adequately addressed the matters required to be demonstrated by sub clause (3), and

 

(ii)    the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

The concurrence of the Director-General of the Department of Planning and Infrastructure must also be obtained for development that contravenes a development standard. However, pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed in certain cases.

 

In relation to the matters required to be demonstrated by subclause (3) there are various ways that may be invoked to establish that compliance with a development standard is unreasonable or unnecessary as discussed by Chief Justice Preston of the NSW Land and Environment Court in the case of in Wehbe v Pittwater Council [2007] NSWLEC 827. Although the Wehbe case was decided in relation to State Environmental Planning Policy No 1—Development Standards (“SEPP 1”) and not clause 4.6 of RLEP 2012, it remains of some assistance in relation to identifying the ways in which an applicant may demonstrate that compliance with a development standard is unreasonable or unnecessary in the circumstances of the case.

 

(ii)       Has the applicant’s written request adequately addressed that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

In the Wehbe case, Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard. The objectives of the height of buildings standard are set out in clause 4.3(2) of RLEP 2012 as follows:

 

(a)    to ensure that the size and scale of development is compatible with the desired future character of the locality,

(b)    to ensure that buildings are well articulated and respond to environmental and energy needs,

(c)    to ensure that development is compatible with the scale and character of contributory buildings in a conservation area or near a heritage item,

(d)    to ensure that development does not adversely impact on the amenity of adjoining and neighbouring land in terms of visual bulk, loss of privacy, overshadowing and views.

 

The applicant’s written justifications outline the following key arguments for the departure from the standard:

 

1.      Consistency with the objectives of the height standard in the LEP

 

LEP height objectives:

 

1.           The objectives of this clause are as follows:

a.   to ensure that the size and scale of development is compatible with the desired future character of the locality,

 

Assessment: The proposal is considered to satisfy Objective (a) in the following manner:

 

·         The 9.5m height limit is considered to allow for 3-storey development. It is considered that the medium density context which contains 2-storey plus pitched roof development and 3-storey plus pitched roof development establishes a context that the proposed height can sit comfortably within.

 

·         The articulated nature of the 3-storey form and abundance of perimeter planting ensures that the proposed height will not be detrimental to the streetscape nor when viewed from neighbouring properties.

 

·         The proposed height is considered to be appropriate to the condition and characteristics of the subject site. The subject site is a large parcel of land with a site area of 1794.8m2.

 

·         The subject land parcel is therefore sizable and able to accommodate the proposed height, bulk and scale. The length and depth of the site allows for a 3-storey development, whilst also allowing for generous landscaped setbacks to the Chester Avenue and all 3 site boundaries.

 

·         The subject land parcel is considered to be distinct from other recently approved and built developments as the site is bordered by large mature trees. The proposed development will provide additional deep soil landscaping which will ensure that the development is screened with the built form. Therefore, the proposed height variation will be barely perceptible in its context.

 

·         The proposed height breach is at its greatest at the north eastern corner of the development and is due to the sloping nature of the site. This is confirmed by the fact that the southern elevation is below the height limit.

 

·         The proposed height will sit below the development immediately to the south (No. 1 Portland Crescent) and is compatible the development immediately to the east (No. 16 Chicago Avenue).

 

·         The compatible relationship of the proposed height with the existing surrounding development ensures that the proposed height will suitably contribute to the physical definition of the street network.


 

b.   to ensure that development is compatible with the scale and character of contributory buildings in a conservation area or near a heritage item,

 

Assessment: The site does not contain a heritage item, is not in a conservation area, and is not adjacent to any heritage items.

 

c.   to ensure that development does not adversely impact on the amenity of adjoining and neighbouring land in terms of visual bulk, loss of privacy, overshadowing and views.

 

Assessment: The proposed height will not affect views from surrounding properties, which is further evidence that the additional height can be accommodated on the subject site.

 

The effective landscaped setbacks from all boundaries ensure that the proposed built form will sit comfortably on and around the context of the subject site.

 

The amenity of the public domain will be enhanced by the provision of landscaped setbacks, which are associated with a height, and bulk that is appropriate in its context. The proposed setbacks allow for retention of established trees, which is considered to benefit the streetscapes, locality public domain.

 

The limited degree of shadow impact provides significant justification as more than 3 hours of solar access is maintained to the southern neighbours at No. 2 and 4 Portland Crescent.

 

2.   Consistency with the objectives of the R3 Medium Density Residential

 

Objectives of zone

·         To provide for the housing needs of the community within a medium density residential environment.

·         To provide a variety of housing types within a medium density residential environment.

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

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

·         To protect the amenity of residents.

·         To encourage housing affordability.

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

 

Assessment: The proposed residential flat building is permissible in the R3 Medium Density Residential zone and it is considered that the proposed height does not raise any inconsistency with the zone objectives.

 

The height associated with the proposed development is minor and is limited to the northern elevation and north eastern corner. The height of the proposed development is compatible with other surrounding residential units and are setback further than other developments.

 

The proposed height is contextually appropriate and will achieve suitable streetscape, urban design and amenity outcomes (both internally and externally).

 

The high quality design outcome associated with the proposal as well as the high internal performance of the units and lack of external impacts further confirm that the proposal satisfies the objectives of the R3 Medium Density Residential zone. 

3.   Consistency with State and Regional planning policies

 

Assessment: The proposed height variation ensures the orderly and economic use of land as envisaged by the Environmental Planning and Assessment Act, 1979. The additional height is minor and it is considered that the proposal reflects the desired future character for the locality as evidenced by the compatibility of the proposal with the adjoining neighbours to the south and adjoining neighbours to the east. Additionally, the abundant deep soil landscaping around the perimeter of the site and substantial front landscaping will ensure the proposed development is not readily visible from the street.

 

Therefore, the proposed height and scale will be consistent with the intensification desired for the area by the planning controls. The provision of additional housing in close proximity to transport along Anzac Parade also confirms that the proposal is consistent with State Government Urban Consolidation Policy.

 

4.   The variation allows for a better planning outcome

 

Assessment: It is considered that the proposed height on the subject site represents a more desirable planning and urban outcome than a proposal with a compliant height as it allows for a built form consistent with and compatible with neighbouring developments (south and west). This is considered to be a more efficient and sustainable use of the site particularly as the additional height has no streetscape or amenity impacts due to the substantial front landscaped setback and abundant landscaping around the perimeter of the site. The height allows for more landscaping and better performing floor plates than if it were distributed over 2 levels. The proposed height is therefore considered to be associated with a better distribution of height and floor space, thereby confirming that the variation allows for a better planning outcome.

 

The rear setback of 8-13.4m is well beyond that required which ensures that there are no adverse visual or acoustic privacy impacts associated with the proposed height.

 

5.   There are sufficient environmental grounds to permit the variation

 

Environmental grounds are considered to include:

·         High internal amenity performance;

·         Absence of external amenity impacts; and

·         Proximity to transport and shops along Anzac Parade.

 

The following assessment demonstrates that there are sufficient environmental grounds to permit the height variation:

 

·         The proposed development provides high levels of amenity with each unit having private open space and the majority of the units having natural cross-ventilation and north facing living areas.

 

·         The high internal performance of the units in regard to the below demonstrates that the proposal will provide for a high degree of amenity and environmental benefit:

Solar access;

Unit size;

Ventilation;

Storage;

Private open space;

Separation distances;

Deep soil areas; and

Overall landscaped areas.

 

·         Each of the units enjoys an open aspect to the deep soil landscaping which is provided around the perimeter of the site.

 

·         The excellent internal amenity performance of the units demonstrates that the proposal is not an over-development as exhibited by the out-performance of the above factors.

 

·         The proposed height and scale of the development is appropriate in its setting. The proposed height and scale will be compatible with existing residential flat developments to the south and west of the site.

 

·         The proposed building will be screened from all aspects due to the abundance of landscaping provided around the perimeter of the site. Thereby, the height variation will not be apparent from Chester Avenue, or other vantage points from neighbouring properties.  

 

·         There are no adverse or unreasonable view, shadow or privacy impacts generated by the additional height.

 

·         The articulated nature of the built form and high standard of colours, finishes and materials assists in providing a high quality streetscape presentation and urban design outcome.

 

·         The proposal replaces two detracting built forms with high quality residential units, which achieve a high level of internal amenity and make efficient use of the site and are accessible to public transport.

 

·         Council has suitably applied a flexible approach to the height standard in accordance with the intent of the standard LEP format. Given the environmental benefits of the proposal and the lack of external environmental impacts, the proposed variation is considered to be appropriate in this instance.

 

The above factors demonstrate that there are both numerous internal and external factors, which confirm that there are sufficient environmental grounds to permit the height variation.

 

6.   The variation is in the public interest

 

The height variation is minor and is considered to be in the public interest, given the proposal replaces several detracting built forms with high quality residential units which achieve a high level of internal amenity, make efficient use of the site and is abundantly landscaped. The proposed height allows for retention of significant trees (where appropriate) on and around the perimeter of the site which is considered to retain the landscaped character of the site, which is in the public interest. The appropriate height for the site and lack of external amenity impacts further demonstrates that the proposal and its associated height are in the public interest.

 

Conclusion

 

For reasons mentioned herein, this Clause 4.6 variation is forwarded to Council in support of the minor variation to the height associated with the development proposal at 59-65 Chester Avenue, Maroubra and is requested to be looked upon favourably by Council.

 

Planning comment:

 

It is considered that the proposed development and variation from the maximum building height standard is satisfactory in this instance. The submitted Clause 4.6 variation is well founded for the following reasons:

 

·      Regarding objective (a), the building height breach occurs at the northern of the side and has been centralised within the footprint of the building, where the clerestory structure will remain largely indiscernible. The design relates to surrounding development in a manner that is compatible with the existing and desired future character of the locality. In this respect the proposed building is considered to appropriately respond to the constraints of the site, despite the height variation. It is noted that due to the crossfall from the south to north of the site the proposal is compliant with the maximum height limit at its southern end.

 

·      In relation to objective (b), the scheme is inclusive of a high degree of articulation, which will contribute positively to the visual character of the area. The proposal has been designed to provide a large recess in the middle of the site that separates the two wings of the building, thereby significantly reducing the visual bulk and scale of the building. The height variation occurs to a clerestory structure that has been provided to facilitate improved environmental and energy performance within the building. Fur ther, a significant amount of landscaping accompanies the scheme. The scheme achieves compliance with floor space and landscaping controls, with a suitable planting scheme provided to soften the height of the development. 

 

·      Objective (c) is not relevant given both the proposed development and it’s surrounds have no heritage classification.

 

·      Regarding objective (d), the proposed development poses bulk, privacy and shadow impacts to adjoining sites that are considered a reasonable expectation of any development on this site, with regard to the orientation, topography, medium density zoning and built form context. In terms of overshadowing, the breach in the height standard does not add any additional overshadowing to the property to the south. Specifics of these impacts are further discussed in the relevant sections of this report.

 

The applicant’s written request is considered to have successfully demonstrated that compliance with the development standard in question is unreasonable or unnecessary in the circumstances of the case.

 

 

(iii)      Has the applicant’s written request adequately addressed that there are sufficient environmental planning grounds to justify contravening the development standard?

The proposal has been designed to achieve the planning objectives for the locality and to fit in with the scale and character of development in the immediate context, whilst minimising potential adverse impacts on surrounding properties.

 

The applicant’s written request has successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

 

(iv)      Will the proposed development be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?

Based on the above assessment, it is considered that the proposed development is consistent with the objectives of the maximum building height standard. The objectives for development within the zone in which the development is proposed to be carried out (Zone R3 – Medium Density Residential) are:

 

•   To provide for the housing needs of the community within a medium density residential environment.

 

•   To provide a variety of housing types within a medium density residential environment.

 

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

 

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

 

•   To protect the amenity of residents.

 

•   To encourage housing affordability.

 

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

 

The proposed development is permissible within the R3 Medium Density Residential zone of RLEP 2012. The proposal provides for an appropriate medium-density housing development, both in the context of this site and as contemplated within the R3 zone.

 

The proposal has been designed with consideration of surrounding amenity, seeking to minimise environmental impacts upon neighbouring sites. The proposed built form serves to maintain the desirable attributes of the existing and desired future character of the residential area. The scheme provides a highly articulated development of appropriate scale that remains sympathetic to the streetscape, and adjoining properties. The scheme allows for an appropriate economic use of the subject site.

 

The proposed development is considered to be in the public interest because it is consistent with the objectives of the standard and the relevant objectives for development within Zone R3 - Medium Density Residential.

 

(v)       Does the Council have delegation to exercise the concurrence function of the Director-General of the Department of Planning and Infrastructure for development that contravenes a development standard? If so:

 

(a)    whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

 

(b)    the public benefit of maintaining the development standard.

 

Comments:

Pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed to the granting of development consent to the development that contravenes the development standard for floor space within clause 4.4 of RLEP 2012.

 

Variation from the adherence to the numerical building height standard will not be detrimental to the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

 

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

 

6.        Assessment against key criteria of RLEP 2012 and RDCP 2013

 

6.1      Setbacks – Section 3.4

 

Residential flat buildings & Multi dwelling housing

 

DCP control

Proposed

Compliance?

Western, front setback

6 metres or average of adjoining development.

 

Min 4.8 metres to building bulk matching adjoining development.

 

Yes.

Eastern, rear setback

6.3 metres (15% of lot depth)

 

8 metres

 

Yes.

North side setback

 

4 metres

 

 

Min 3 metres to balconies. Building bulk setback min. 4 metres.

 

Satisfactory. Discussion below.

South side setback

 

4 metres

 

 

Min 3 metres to balconies and blade wall. Building bulk setback min. 4 metres.

 

Satisfactory. Discussion below.

 

Front setback

The proposed front setback allows that an appropriate address to Chester Ave is achieved. The design seeks to transition from established development to the south, gradually stepping back commensurate of that adjoining to the north.

 

The scheme is considered to positively contribute to the local character and definition of the street frontage. The frontage is inclusive of a substantial amount of landscaping to soften the bulk of the development, provide privacy and green the frontage.

 

Rear setback

The eight (8) metre setback provided to the rear allows that a substantial contiguous open space is provided to proposed dwellings at ground floor level.

 

Sufficient setback is provided to the rear, particularly in the interest of dwellings and private open spaces beyond the eastern boundary. A generous spatial separation is afforded to eastern neighbours, beyond that of the 6.3 metre control. When combined with proposed landscaping treatment and screening along the length of the eastern boundary, the rear setback is considered to adequately minimise impacts to adjoining properties.

 

Side setbacks

The proposed side setbacks are described in the table above. The proposed side setbacks are considered acceptable for the following reasons:

 

·      The proposed blade wall and balcony components that vary the setback control contribute a positive articulation of the building, visual interest and breaking up of continuous wall planes;

·      Components that vary the setback control are localised. The bulk of the scheme complies with the four (4) metre control of the DCP;

·      Those elements that vary the setback control do not contribute to any adverse impacts of bulk and scale or solar access to adjoining sites. The scheme generally complies with the numerical of solar access controls;

·      As discussed in the following sections, privacy issues from wrap around balconies can also be adequately addressed via conditions;

·      Sufficient spatial separation and area for planting remains available despite the proposed variations in order to soften bulk and assist with privacy.

 

The scheme provides setbacks to each elevation consistent with the intention of the DCP. The proposal is considered satisfactory in relation to the objectives and controls of Section 3.4.

 

6.2      External wall height and ceiling height – Section 4.4

The DCP identifies wall height on the subject site should be no greater than eight (8) metres.

The scheme is inclusive of a maximum wall height of 10.8 metres, to the northern component of the development.

 

Figure 7: The northern elevation of the proposal, where the maximum height of the building occurs.

 

The proposed wall height is considered to be acceptable for the following reasons:

 

The variation in wall height is concentrated to the northern component of the development, occurring as the land falls in a north-westerly direction;

The maximum extent of wall height variation occurs adjacent the northern neighbour and as such, the variation does not have adverse solar access impacts;

The extent of wall height presented by the streetscape elevation is minimised, allowing an appropriate transition down from development to the south;

The building has been appropriately articulated and modulated to minimise apparent bulk and scale. Fenestration, variation in setbacks, materials and finishes all contribute to an appropriate level of visual interest and character;

The proposed wall height does not result in a building that is incongruous with it’s surrounds. The building comprises three (3) storeys, a scale that is reflected in other buildings in the vicinity, particularly those to the south;

The proposed wall height variation does not directly eventuate in any unreasonable impacts of bulk, scale, shadow or privacy; At the south eastern end of the proposal building, the wall is setback approximately 5.5m from the boundary, well in excess of the required setback, thereby minimising impacts on the neighbouring property.

 

In light of the above points, the proposed wall height is considered to present satisfactory merit in relation to the objectives and controls of Section 4.4 of the DCP.

 

6.3      Solar access and overshadowing – Section 5.1

The subject site is oriented roughly east- west, with landform that falls gently to the north. Adjoining sites to the south are oriented perpendicular to the subject site, with rear open space that abuts the southern side boundary of the subject site.

 

·      2 Portland Crescent, Maroubra

The building at 2 Portland Crescent is a three (3) storey walk up residential flat building of six (6) units and 1950s to 60s construction. The building has diagonal orientation on it’s corner site, with it’s private open space adjoining the southern boundary of the subject site.

 

The following shadow impact is identified at key intervals of 21 June:

 

·      8am - No increased impact from the proposed development upon openings. Overshadowing of roughly 50% of the rear open space;

·      12 noon - No increased impact from the proposed development upon openings.  Overshadowing of roughly 50% of the rear open space;

·      4pm - No increased impact from the proposed development upon openings.  Overshadowing of roughly 50% of the rear open space;

 

The southern neighbour at 2 Portland Crescent will see additional shadow impact as a result of the proposal, concentrated throughout the day on it’s rear open space.  Despite this, the rear open space will receive a component of solar access in varying locations throughout the day, satisfying the objectives and controls of the DCP.  

 

·      4 Portland Crescent, Maroubra

The building at 4 Portland Crescent is a residential flat building of four (4) units and constructed in the last ten (10) years. The building has two (2) storey scale, with an attic style habitable roof form above. The building is oriented north- south, with it’s private open space adjoining the southern boundary of the subject site.

 

The following shadow impact is identified at key intervals of 21 June:

 

·      8am - No increased impact from the proposed development upon openings or open space;

·      12 noon - Minor additional shadow impact to a component of the rear open space;

·      4pm - Substantial additional impact, overshadowing the entirety of the rear open space and openings on the primary north facing elevation.

 

The southern neighbour at 4 Portland Crescent will see additional shadow impact as a result of the proposal, concentrated in the afternoon hours. Despite this, the property will not be prevented from achieving the necessary three (3) hours of solar access in the morning hours of 21 June.

 

The scheme entails an appropriate combination of setback and height that will allow both southern neigbouring sites will not be prevented from achieving the necessary three (3) hours solar access as a result of the proposal. In this respect, the proposal is considered satisfactory in relation to the objectives and controls of Section 5.1 of the DCP.

 

6.4      Privacy – Section 5.3 and 5.4

The design incorporates reasonable measures in attempt to deter view lines to surrounding sites. In general, the privacy implications that stand to eventuate to neighbours are considered to be a reasonable expectation of a medium density residential environment.

 

Eastern rear elevation privacy

The scheme is inclusive of a minimum eight (8) metre setback to the rear boundary, beyond which exists a mixture of single dwelling and multi unit development in the R3 Medium density zone. Balconies at first and second floor levels of the proposed development will have elevated view to and above, those properties adjoining to the east.

 

The DCP identifies 6.3 metres in setback is satisfactory in respect of the rear boundary.  The proposed eight (8) metre setback is considered to provide satisfactory separation from properties to the east in the context of a medium density residential environment. 

 

Balustrades to the subject balconies are specified as being non-transparent. Further, the landscape plan identifies a substantial level of screen planting being provided in order to offset privacy impacts from upper levels of the development.

 

Northern and southern side elevation privacy

The scheme is inclusive of balcony aspects and windows oriented toward the north and south shared boundaries. 

 

As proposed, balcony returns at second floor level associated with units 204 and 207 provide space to congregate, are connected to primary living spaces and allow elevated and unscreened view lines down to adjoining private open and habitable spaces. As a result, these aspects are recommended for reduction in trafficable width to one (1) metre along the north and south aspects via condition, in order to discourage intensive use. Foot traffic may be maintained, given lesser intensity with this width.

 

The windows and remaining balconies proposed are generally included in providing a secondary aspect to apartments. Where the primary aspect is the side elevation, the design is inclusive of sliding screens, angled balconies and landscaping which will serve to cumulatively reduce the intensity through which overlooking stands to occur.

 

The privacy measures provided, in addition to above discussed conditions, are considered to provide sufficient discouragement to overlooking to a feasible extent, typical of a medium density residential environment. Subject to the application of these conditions, the scheme is considered satisfactory in relation the objectives and controls of Section 5.3 and 5.4 of the DCP.

 

Acoustic privacy

The proposed driveway is in close proximity to bedrooms of the northern neighbour at 55- 57 Chester Ave. The increase in vehicle movements associated with the proposed development is likely to have notable acoustic privacy impact upon this neighbour.

 

In effort to mitigate this impact it is recommended an 1800mm high masonry fence be required along the northern boundary, where adjacent the driveway. In order to allow view lines to traffic entering and exiting, the fence should taper down on approach to the front boundary.

 

Subject to the imposition of this condition, acoustic impacts resulting from the layout of the proposed building are considered generally reasonable and commensurate of the medium density residential environment in which these sites exist.

 

6.5      Coral Sea Park Estate – Section 8.1

The site is located within the Coral Sea Park Estate.

 

The scheme presents satisfactory design merit in relation to the character of the Coral Sea Park Estate, in-so-far as it’s visual presentation, being generally consistent with that evident to surrounding development. Numerous multi- unit developments exist in proximity to the subject site, such that there exists a firm precedence for similar development in the vicinity.

 

The scheme is inclusive of a satisfactory level of setback, articulation and visual interest, proposing a contemporary interpretation of approach to surrounding multi unit development. A landscape plan accompanies the application that will make appropriate use of landscaped area to soften the built form, green the site and provide privacy. Materials and finishes were amended on 7 August 2014 and when considered in conjunction with the landscape plan are considered to adequately respond to the garden suburb characteristics of development in the estate.

 

The proposal is considered to be generally acceptable in relation to the objectives and controls of Section 8.1 of the DCP.

7.        Referral Comments:

 

7.1      Development Engineer

Traffic

The RMS's Guide to Traffic Generating Development specify a peak generation rate for high density residential developments of 0.29 trips per hour  for developments in metropolitan sub-regional centres, which is the applicable rate given the site's context.

 

The proposed amended development is for 32 units comprising of 12 x studio apartments + 18 x 1 bedroom + 2 x 2 bedroom units which will generate a peak demand 9-10 vehicle trips per hour (vtph) based on the RMS rates. When taking into account the existing peak generation of the current 4 dwellings occupying the development site (approximately 3 vtph) the additional peak traffic impacts created by the proposal will be in the order of 6-7 vtph.

 

This is a relatively minor increase and is not expected to create any unacceptable impacts on traffic movements in the street or at the nearby intersections.

 

It is acknowledged that Chester Avenue road reserve is relatively narrow, being 15.24m (50ft) wide with an associated 7.1m wide carriageway. This is not wide enough to allow two vehicles to pass if both sides of the roadway are taken up by on-street parking, however the occurrence of any conflict is not expected to significantly increase given the low increase in traffic generation and that all parking needs (including visitor parking) for the development will be provided on-site within the basement car park.

 

It should also be noted that other streets in the locality are of similar width and adequately support multi-unit residential developments. For example New Orleans Crescent only 100m to the east of the subject site is also 15.24m wide and serves a number of multi-unit housing developments without any unacceptable traffic impacts. Portland Crescent, also to the east is another example, while Chester Avenue itself already supports a number of unit developments.

 

The narrow width of Chester Avenue is a natural deterrent to high speeds and it is considered the provision of traffic calming measures (as requested in some resident objections) is unnecessary. The street does not meet the criteria of Council’s Traffic Engineers for calming measures to be implemented given the low traffic volumes. Traffic calming measures such as speed humps can also problematic for emergency vehicles and would remove a number of on-street parking spaces. They are therefore not supported by Council's Development & Traffic Engineers in this instance.

 

Parking

The parking requirements for the development have been re-assessed as per the rates specified in Randwick Council’s Development Control Plan 2013 Part B7.

 

Vehicle Parking

The proposed amended development is for 32 units comprising of 12 x studio apartments + 18 x 1 bedroom + 2 x 2 bedroom units.

 

Parking Required           = 12 x 0.5 + 18 x 1 + 2 x 1.2 + (32/4) visitor

                                  = 6 + 18 + 2.4 + 8.0(visitor)

                                  = 34.4

                                  = say 34 spaces (including 8 visitor spaces)

 

Parking provided           = 34 spaces (complies)

 

It is also noted that the proposed development will be increasing the number of on-street carspaces available due to the removal of 3 vehicle crossings. The proposed parking provision is therefore considered to be satisfactory. There are no objections.

 

Motorbike Parking

Motorbike Parking is to be provided at 5% of the vehicle parking requirement.

 

Motorbike Parking Required    =   0.05 x 34   =   1.7  =  say 2 spaces

 

Motorbike Parking Provided     =   2 spaces (complies)

 

Bicycle Parking

For Flats/multi dwelling bicycle parking to be provided at 1 space per 2 units plus 1 visitor space per 10 units

 

Bicycle Parking Required      =   0.5 x 32 + 32/10 (visitor)

                                      =   16 + 3.2 (visitor) = 19.2

                                      = say 19 spaces (including 3 visitor spaces)

 

Bicycle Parking provided      =   24 spaces (bike racks in basement) including 4 visitor spaces (complies)

 

Service and Delivery Parking

Service and Delivery Parking is to be provided at the rate of 1 space per 50 units up to 200 dwellings, plus 1 space per 100 dwellings thereafter.

 

As the proposal is for less than 50 units, no service and delivery parking is required.

 

Car park Layout

The vehicular access driveways, internal circulation ramps and the car park areas, (including, but not limited to, the ramp grades, car park layout and height clearances) are to be in accordance with the requirements of Australian Standard 2890.1:2004.

 

The car park vehicle access is of satisfactory width and grade. There are no objections.

 

Landscape

Council’s Landscape Officer has provided the following comments in relation to the removal of a Norfolk Pine on the site:

 

Within the front setback of no.59, only about 2.5m from the front of the existing building, there is a large, mature and visually prominent Araucaria heterophylla (Norfolk Island Pine, Tree 1) of 25m in height, with a canopy spread of about 12m, which appeared in good health and condition, with a slight lower trunk lean to the west, and is covered by clause 5.9 of Council’s LEP 2013 & clause B5 of Council’s DCP 2013.

 

It is the most significant tree at this site and is a reasonably significant example of the species, estimated to be 40 years in age, and has been assigned a SULE rating of 3B – ‘Trees which can live for 15yrs or more but would be removed for safety/nuisance reasons’.

 

All lower growing lateral branches have already been lopped back to the main trunk to a height of about 5m for clearance/access reasons, which has affected its form and appearance, with one major, first order structural root of about 300mm in width also observed at surface level, leading to the east, directly towards the existing building and proposed works.

 

The site Arborist has calculated its TPZ at 9m, with this development to include an excavated basement level that will be in direct conflict with the tree, so has been shown for removal.

 

AS4970 – 2009: ‘Protection of trees on development sites’ requires that in cases such as these where major encroachments into a TPZ are proposed, root mapping must be performed so as to gain an understanding of the amount of root activity and potential impacts, before a decision can be made about whether its retention is even feasible, and if it is possible, what mitigation measures will need to be applied.

 

The Tree Report details that hand trenching along the front (western edge) of the existing building revealed its root system to be “massive, with major roots with diameters between 350mm & 700mm extending towards and under the footings of the existing building”, as confirmed by the photos at Plates 2, 3 & 4.

 

Due to its size and resulting TPZ, if its retention was attempted, the entire northwest corner of the site would need to remain undeveloped, which would affect all aspects and levels of the proposal, and the overall viability of the project, which would in turn threaten other trees which are able to be retained as part of this current scheme. 

 

Ultimately, a tree than can attain dimensions as big as this species should never be planted so close to a building, and while it has been a valuable tree even to this point in time, when considering the scope of works and the fact that all four of these properties (59-65) have been acquired and will be developed at the one time, its removal in this case is able to be justified.

 

This will result in a loss of amenity for the site and immediate surrounds; however, it is recognised that this will be offset to some degree by retention of the large Forest Red Gum on the verge to its west, which will maintain an established canopy in the streetscape.

 

On this basis, consent has reluctantly been granted for its removal, with the Landscape Plan showing that numerous native trees will be installed in its place across the front boundary, and while they will not achieve the same dimensions, they will be appropriate for the space that is available, and will provide a long-term benefit to the site.

 

8.               Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$6,094,071.50

1.0%

$60,940.71

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in Urban Design and Development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The proposal remains within the bounds of the objectives of the Medium density zone and the Medium Density Residential DCP.

 

The application is recommended for approval, subject to the below recommended conditions.

 

 

Recommendation

 

A.       That Council supports the application to vary a development standard under clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.3 (2) of Randwick Local Environmental Plan 2012, relating to maximum height of buildings, on the grounds that the proposed development complies with the objectives of the above clause and will not adversely affect the amenity of the locality and that the Department of Planning and Environment be advised accordingly.   

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/280/2014 for demolition of the existing structures, construction of a three (3) storey residential flat building containing 32 units, basement car parking for 34 vehicles, landscaping and associated works (variation to height control), at No. 59- 65 Chester Aev, Maroubra, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Privacy measures

3.     Privacy measures shall be provided in accordance with the commitments detailed on the approved plans and the following additions;

 

a)  Units numbered 102 and 203:

·       The north aspect shall be provided a minimum of two (2) full height sliding screens;

 

b)  Units numbered 204 and 207:

·       The north and south side elevation balcony returns shall be trafficable to a maximum one (1) metre in width. Planters should be provided to cover the remaining non trafficable area.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate documentation.

 

Fencing detail

5.     Boundary fencing shall be consistent with the following detail:

 

a)     Where adjacent the driveway, the northern boundary shall be provided fencing of 1800mm in height and masonry construction to minimise acoustic issues to the neighbour. The fence shall taper down to be no greater than one (1) metre in height at the front boundary to allow adequate view lines.

 

b)     Boundary fencing being installed to the north, east and south boundaries, with the exception of that detailed in part a), shall be:

 

i.    Of no greater than 1800mm in height above finished ground level;

ii.    Shall not be of masonry construction to a height that is more than 1.2m above finished ground level;

iii.   Shall taper down to be no greater than one (1) metre in height on approach to the front boundary.

 

 

Attachment/s:

 

1.

DA Compliance Report - 59 - 65 Chester Avenue, Maroubra

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D82/14

 

 

Subject:                  38 Wentworth Street, Randwick (DA/367/2014)

Folder No:                   DA/367/2014

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                              Alterations and additions to the existing garage including construction of studio above garage (Heritage Conservation Area)

 

Ward:                     North Ward

Applicant:                Raso Rocco

Owner:                        Mr J R Haddock & Mrs T A Haddock

Summary

Recommendation:     Refusal

 

Description: http://wnadm10:8084/eview/output/eview21650.png

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee Meeting at the request of Councillors Smith, Andrews and Nash.

 


1.         Background

 

On 18 August 2011 approval was granted under DA/184/2011 for alterations and additions, including a new upper level and minor internal alterations to the existing lower ground and ground floor levels. Proposed materials include brick veneer with cement render and paint finish, timber casement windows and concrete roof. The proposed first floor addition has been designed in accordance with the form and style of the existing dwelling.

 

A granny flat also formed part of the original application, however this was deleted as a satisfactory design that minimised impacts (overshadowing) on neighbours was not achieved. 

 

On 27 November 2012 approval was granted under DA/396/2012 for alterations and additions including a new upper level to the dwelling and to the existing garage, following the receipt of amended drawings which addressed a number of heritage concerns.  The application also included removing the early tennis court, relocating the swimming pool, and a number of changes at ground floor level. 

 

As part of the approval, a condition was included requiring the surrender of DA/184/2011 and all associated documents to Council prior to the issue of a construction certificate.

 

A Section 96 application which proposed further changes at lower ground, upper ground and first floor level, as well as to the outbuilding and the swimming pool was approved in August 2013.  The upper floor addition was to be enlarged, reducing its setback from the front elevation, removing existing chimneys and amending the roof form.  Changes were proposed to the roof form of the granny flat. 

 

A further Section 96 application, which proposed additional changes at lower ground, upper ground and first floor level, was approved in February 2014.  The application included extensive changes to external openings, and alterations to the original roof form.  The existing front verandah was also to be altered and extended along the northern side of the dwelling. 

 

2.         Proposal

 

The current development application seeks to carryout alterations and additions to the existing garage including construction of studio above garage, L-shaped deck to the northern and western side of the studio fronting Dangar Lane and a terrace area adjoining to the east end of the studio. The upper ground floor level comprises a living area and bathroom. 

 

3.         Site

 

The site is located on the western side of Wentworth Street within the North Randwick heritage conservation area. The surrounding area is characterised predominantly by established residential development. Residential sites adjoin both side boundaries.

 

The site is regular in shape, has an area of 836.22sqm and a frontage of 18.29m; in relation to surrounding properties, the site is unusually wide. The topography of the site slopes steeply away from Wentworth Street towards Dangar Lane, which forms the rear boundary of the site. 

 

The site is occupied by a detached cottage which has a single storey scale to Wentworth Street and a two storey scale to the rear. A tennis court is located within the rear yard adjacent to the northern and western boundaries. Vehicle access to an existing double (stacked) garage is gained off Dangar Lane at the rear of the site.

 

4.         Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013.  As a result of the notification process, one submission was received:

 

34 Wentworth Street, Randwick

Issue

Comment

The proposed wrap around balcony is not in keeping with the existing streetscape.

 

The proposed development does not preserve the heritage value of the area.

 

There are no other extended garages in Dangar Lane.

 

Agreed. The application is recommended for refusal.  Refer to Key Issues below.

The north facing balcony will result in privacy impacts.

 

It is not expected that the proposed studio will result in any unreasonable privacy impacts to the neighbouring properties. To the southern side of the rear terrace area screen planter boxes and timber banded privacy screen are proposed.  However, the height of the planting and timber screen are not noted on the plans. If the development is to be approved a condition could be included to address this concern.  However, the application is recommended for refusal. To the northern side the terrace is setback 14.1m from the boundary which is adequate separation for privacy between the neighbouring site. 

 

It is not expected that the L shaped balcony to the northern side off the living area will result in any unreasonable privacy impacts to the objector’s property in that the northern end of the balcony is limited in width and is setback 9.9m from the common boundary.  This is adequate separation to allow for reasonable levels of privacy between the neighbouring site. 

The image shown on the property’s perimeter construction fence would misrepresent the proposed amended design.

 

Additional plans have been provided noting the height of the front perimeter fencing.

 

Notwithstanding the above, introducing a balcony to the front of the garage does not allow for the storey above the garage to be contained within the roof form as an attic storey as required under the DCP control for Developments in Laneways.  The application is recommended for refusal.

 

 

5.         Key Issues

 

5.1            Randwick Local Environmental Plan 2012

Zone R2: Low Density Residential

The relevant objectives of the zone R2 Low Density Residential are:

 

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

·        To protect amenity of residents.

 

The area remains zoned low density residential and desired future character will remain for the use of attached and detached dwelling houses as well as other low scale residential development. Therefore, new development is required to address the streetscape character of existing residential development.

 

The construction of a studio above the existing garage is considered to be inconsistent with the aims and objectives of the RLEP 2012.  As advised below, the proposal will result in a development that visually dominates the appearance of the laneway which generally consists of single storey garage with the upper level contained within the roof form.  The proposed upper level above the existing garage is not contained with the roof form.  This will significantly compromise the character of the laneway as the outbuilding will be visually predominant, inconsistent with recent approved outbuildings and will set a poor precedent for further inappropriate laneway development in the North Randwick heritage conservation area. 

 

Overall, it is considered that the proposed development does not satisfy the objectives of the R2 zone, as it does not recognise the desirable elements of the existing streetscape, will not contribute to the desired future character of the area or protect the amenity of residents. Therefore, the proposal has been recommended for refusal.

 

Clause 5.10 - Heritage conservation

The subject site is located within the North Randwick Heritage Conservation Area. The application was referred to Councils heritage officer for assessment.  The comments provided where not in favour of the proposed development as the upper level studio is not considered to be consistent with recently approved outbuildings in the North Randwick heritage conservation area, and will set a poor precedent for further inappropriate laneway development in the area. The heritage officer also argued that the height and form of the proposed outbuilding is inconsistent with the Objectives and Controls for Development in Laneways as detailed in Sub Clause 8.1 of the Randwick Comprehensive Development Control Plan 2013. Refer to detailed heritage comments below.

In addition to the above, introducing a balcony design to the front of the garage does not allow for the storey above the garage to be contained within the roof form as an attic storey as required under the DCP control for Developments in Laneways. 

The development is considered to have a detrimental impact on the heritage conservation area and therefore, is not considered to satisfy the requirements of clause 5.10 of the Randwick LEP 2012.

 

5.2            Randwick Comprehensive Development Control Plan 2013 (DCP 2013)

 

Area Specific Controls – Section 8

Development in Laneways – Section 8.1

Objectives

 

·         To ensure any building fronting a rear lane has a scale and mass secondary to the main dwelling on the site, and is appropriate for the width of the lane.

·         To promote casual surveillance and improve safety and security of laneways.

 

Controls

i)    All ancillary buildings fronting laneways must have a maximum height of not more than 6m. The maximum external wall height is limited to 4.5m.

 

Ancillary buildings on laneways must have a mass and scale secondary to the primary dwelling on the allotment. Any upper level (for instance, storey above garage) must be contained within the roof form as an attic storey.

 

The applicant has stated that the maximum external wall height is 4.5m and the building height is 6m.  However, Council has measured the maximum external wall height as being approx. 5.07m from the laneway measured from the underside of the eave to the natural ground level and the building height is 6.13m from the laneway measured from the natural ground level to the top of the ridge.  The applicant has confirmed this is correct.  The external wall height is much lower to the rear section of the outbuilding and varies to 2.7m. 

 

Parts of the external wall height and building height do not meet the control in the DCP.  The DCP control also requires that any upper level (for instance storey above garage) must be contained within the roof form as an attic storey. 

 

The primary matter for consideration is the form and appropriateness of the upper level studio above the existing garage within the context of the streetscape, adjoining properties and heritage conservation area.

 

Traditional outbuildings in Dangar Lane comprise of single storey garages with pitched or skillion roofs.  Most recent outbuildings approved within the area are single storey with the upper level contained within the roof form.  The proposed studio above the existing garage is not contained with the roof form, will be visually overbearing in relation to the adjoining properties, and will be dominant in the laneway.  This will significantly compromise the character of the laneway within the conservation area and does not meeting the objectives in the DCP for Development in Laneways.

 

The application was referred to Councils Heritage Officer for comments.  The comments provided where also not in favour of the development. Refer to detailed heritage comments below.

 


6.         Referrals

6.1    Heritage Officer comments

 

Submission

The application has been accompanied by a Heritage Impact Statement prepared by Colin Brady which addresses heritage impact and provides mitigation measures.  In terms of heritage impact, the HIS notes that the proposed outbuilding will not impact on the fabric of the main residence, or the main streetscape, and is a secondary structure at the rear of the site, maintaining the open nature of the grounds. 

 

Controls

In relation to Development in Laneways, the Area Specific Controls in Council’s Development Control Plan 2013 includes Controls that all ancillary buildings fronting laneways must have a maximum height of not more than 6m and a maximum external wall height of 4.5m, and that any upper level (for instance storey above garage) must be contained within the roof form as an attic storey. 

 

Comments

The most recently approved building envelope for the granny flat provided the upper level floor space predominantly within the roof form, with dormers to the north and east (Dangar Lane) elevations.  The current application proposes a hipped roofed granny flat on a garage “podium” with planter boxes to its southern side and decks to its northern, western and eastern sides. 

 

Traditional outbuildings in Dangar Lane comprise single storey garages with pitched or skillion roofs.  More recent outbuildings often include upper level accommodation, generally contained within the roof form of well set back from boundaries to maintain an apparent single storey scale. 

 

Given that the proposed upper level is not contained within the roof form and has an external wall height of 5.2m, it is inconsistent with the Controls in Randwick DCP 2013.  The proposed upper level will be inconsistent with recently approved outbuildings in the North Randwick heritage conservation area and will set a poor precedent for further inappropriate laneway development in the area. 

 

Recommendation

The following proposed outbuilding should be refused on the following grounds: 

 

·      The height and form of the proposed outbuilding are inconsistent with the Controls in Randwick DCP 2013.

 

·      The proposed outbuilding is inconsistent with recently approved outbuildings in the North Randwick heritage conservation area, and will set a poor precedent for further inappropriate laneway development in the area. 

 

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 subject application is recommended for refusal as the height and form of the proposed outbuilding is inconsistent with the Controls in Randwick DCP 2013.

 

The development is also inconsistent with Section 79(c) of the Environmental Planning and Assessment Act 1979 in that it will detracts from the environmental and aesthetic qualities given the outbuilding is considered excessive in bulk and scale and compromises the streetscape amenity of the North Randwick heritage conservation area.

 

Consequently, the proposed studio is not in keeping with the desired attributes of the residential area and therefore, the application is recommended for refusal.

 

 

Recommendation

 

That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/367/2014 for alterations and additions to the existing garage including construction of studio above garage, at No.38 Wentworth Street, Randwick, for the following reasons:

 

1.     The proposed development does not comply with the relevant objectives of R2 - Low Density Residential zone under Randwick Local Environmental Plan 2012 in that the proposed outbuilding is considered to be visually intrusive and not in keeping with the desired attributes of the residential area.

 

2.     The height and form of the outbuilding does not satisfy the objectives and controls for Development in Laneways as detailed in Sub Clause 8.1 of the Randwick Comprehensive Development Control Plan 2013 in that it will visually dominate the rear laneway and will significantly compromise the character of the lane.

 

3.     The proposed development does not comply with the relevant objectives for Heritage conservation as detailed in Clause 5.10 of the LEP 2012 in that it will have a detrimental impact on the heritage conservation area.

 

 

Attachment/s:

 

1.

DA Compliance Report - 38 Wentworth Street, Randwick

INCLUDED UNDER SEPARATE COVER

 

 

 


Planning Committee                                                                                         9 September 2014

 

 

Development Application Report No. D83/14

 

 

Subject:                  13 Winchester Road, Clovelly (DA/446/2014)

Folder No:                   DA/446/2014

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                              Alteration, ground and first floor addition to existing dwelling house

 

Ward:                     North Ward

Applicant:                Mrs A M Paff

Owner:                        Mr M J Paff & Mrs A M Paff

 

Summary

Recommendation:     Approval

 

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The subject Development Application is referred to the Planning Committee Meeting at the request of Councillors Andrews, Nash and Stavrinos.

 


Proposal

 

It is proposed to carryout alteration, ground and first floor addition to the existing dwelling house including new rear shed.

 

To the ground floor part of the rear section has been demolished and a new rear extension has been provided with a new living, kitchen with pantry, dining area and bathroom.

 

The new first floor addition contains a master bedroom with walk-in wardrobe, study/bedroom, bathroom and rear balcony off the master bedroom.

 

Site

 

The subject site is located on the eastern side of Winchester Road and is presently occupied by an existing single storey dwelling.  The site is regular in shape and has a frontage width of 6.1m, a side boundary depth of 40.61m and has an overall site area of 249.8m.  Neighbouring the property to the south is a two storey dwelling, to the north is a two storey dwelling and to the rear is a single storey dwelling. The surrounding area is residential in character and consists predominantly of a mix of one and two storey residential dwellings. The surrounding area comprises of relatively older dwellings constructed in the first half of the 20th century, however the area is undergoing gradual change with newer development in the last decade becoming more evident, particularly in Winchester Road.

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the notification process:

 

11 Winchester Road, Clovelly

Issue

Comment

Precedent and dominate street design

The applicant has used No. 15 Winchester Road as an example for justification of building to the northern side boundary.  This should not be used as a precedent to build out to the boundary as it is the only example in street and was assessed under different planning controls.  The northern side setback does not comply with the current DCP control.

 

 

Refer to Key Issues and Areas of Non Compliance section of this report which address side setbacks. 

 

Structural Engineer’s report

 

Concerned that the siting of the building on the boundary and no retaining walls provided will result in structural damages to their building.

 

Would like Council to commission an independent structural Engineer’s report before the assessment report is completed to ensure that the structural integrity of their building is protected. 

 

Suitable conditions will be imposed upon any consent to ensure the adjoining land is appropriately retained to protect the structural integrity of adjacent properties during construction.

Lack of northern side setback & visual bulk

The scale and positioning of the ground level wall along the northern side boundary will result in loss of natural daylight and sunlight to their ground floor main living areas and is inconsistent with the objectives and controls of the DCP.

 

The majority of the length of the building is sited along the northern side boundary with a nil setback this will have visual and acoustic privacy implications.

 

Suggests the building be setback 900mm on the ground level and 1.8m on the first floor level to increase daylight and ensure adequate separation between the buildings.

 

Refer to Key Issues and Areas of Non Compliance section of this report which address side setbacks.

 

Loss of daylight

The proximity of the proposed development on the northern side boundary will reduce daylight into their main living area.

 

Refer to Key Issues and Areas of Non Compliance section of this report which addresses solar access.

 

Adequate drainage & ventilation between the buildings

Concerns regarding rising damp and moss as a result of significantly reduced sunlight between the buildings.

 

Concerned how the wall will be maintained if built on the boundary and questions where the rainwater will fall if there is no setback.

 

Adequate ventilation along the northern wall is not been provided. 

 

Appropriate conditions are imposed to ensure that adequate drainage system is provided for the proposed development so as not to result in the entry of water into neighbouring building, or cause a nuisance or damage to the adjoining premises.

 

There is still adequate separation between the properties to allow ventilation to the south facing windows and a condition has been include which requires the wall height of the ground floor to be reduced along the northern side boudnary.  This measure would improve daylight and ventilation to the south facing windows of the objector’s property.

 

In addition, given the northern external wall is located within the boundaries of the subject site and therefore, the owner of the subject site remain responsible for the ongoing maintenance of the wall on the northern side boundary. 

 

Structural damage to their building

Concerned if the building is built on the boundary it will cause structural damages to their building.  Given the difference in levels a properly constructed retaining walls

The extent and location of excavation appears to be relatively moderate. Nevertheless, appropriate conditions have been included to ensure that the building works are properly guarded and supported to prevent the danger of life, movement of soil and to support the adjacent land and buildings during construction. Adequate conditions have also been included to ensure that adequate provisions are made for drainage.

 

Acoustic & visual Privacy impacts

The proposed north facing windows will overlook their internal living areas and private open space.  The east most-facing window and the protruding rear balcony on the first floor level will directly overlook their private open spaces. 

 

The balcony protrudes beyond the rear building line of their first floor balcony and will result in loss of privacy.

 

The roof skylights will cause significant acoustic impacts given their close proximity to the northern side boundary.

 

The ground floor rear deck looks directly into their property.  A privacy screen should be installed to the northern side to the deck.

 

To the northern elevation either highlight windows or roof skylights are provided.  It is not expected that the skylight windows will result in any unreasonable privacy impacts.  However, to ensure that the height of the highlight windows do not result in privacy impacts, a condition is included requiring these windows to have a minimum sill height of 1.6m from the floor level and to maintain the privacy of the future occupants, the skylight windows are to be fixed and provided with obscured glazing. 

 

In relation to the rear first floor balcony, the elevation shows that a 1.8m high screen is proposed on both sides of the balcony. However, these screens appear to have the same design treatment as the balustrade on the eastern side of the balcony. It is uncertain as to how effective these screens will function as a privacy device. As a result, it is considered appropriate to require the screens to be replaced with 1.8m high privacy screen constructed of obscured glazing. The obscured glazing not only provides optimal privacy for the occupants of the subject and adjoining properties, it will also minimise the shadow impact on the southern neighbour.

It is not anticipated that the proposed roof skylights would cause signifcant acoustic concerns, as they are within domestic home.

 

Additional privacy screen is not necessary for the proposed rear ground level deck as the existing boundary fencing are suffiecent in height to provided adequate privacy between the properties.

 

Palm tree

Given the close proximity of the palm tree to the northern side boundary, they are concerns that once the root system is to be removed it could cause damages to their sewerage pipes and foundation.

 

A condition is included within the consent which requires a dilapidation report to be undertaken, which will address this concern.

Asbestos concerns

Would like Council to ensure that appropriately measures are taken for safe removal of any asbestos materials on the site.

 

The concern raised in relation to asbestos is addressed by standard conditions.  This will ensure that any asbestos products and materials are handled in accordance with the following requirements:

 

§ Relevant Occupational Health & Safety legislation and Work Cover NSW requirements.

§ Randwick City Council’s Asbestos Policy.

§ Asbestos waste is 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

 

In addition to the above, the applicant is required to clearly display a sign to the front of the property noting that the site involves the removal of asbestos and details of the licensed contractor.

 

Rear bike shed

The plans refer to the old outdoor toilet at the rear as a bike shed.  It in fact has been used as a toilet.  Would like all the existing sewerage pipes adequately addressed and shut off once the new rear shed is built.

 

Appropriate condition has been included that requires all plumbing works to be carried out in accordance with the requirement of Sydney Water Cooperation.

Encroachment of gutters

This will not be an issue if the building is setback 900mm from the side boundary to comply with the DCP control.

 

An advisory note is included within the consent which requires the land owner or principal contractor to provide specific details of the location of the building in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties.

Driveway & parking issues

Concerned their driveway will be used illegally by contractors working on the development as a convenient loading/delivery bay or temporary parking spot.

Appropriate condition has been included to address traffic management details during construction. 

Damages to ceramic tiles

Would like Council to impose a condition to erect protective ‘tarpaulin-like sheeting’ during construction, on the northern side boundary, to protect their privacy and to prevent trespass and inadvertent damage to their ceramic tiles.

 

Appropriate condition has been included which requires a dilapidation report to be undertaken prior to works commencing so that any cracking and/or damage is documented.  A final inspection is undertaken on completion of the works and any changes are documented so that remedial works can be undertaken if necessary.

 

The issue regarding privacy during the construction phase should be a matter addressed by the Principle Certifier.

 

Trespassing

Would like Council to impose within the consent that contractors/builders are not to entry their property or jump over the fence without permission.

An advisory note is included within the consent  which requires the land owner or principal contractor to 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.

§ 

Overshadowing impacts at no. 15 Winchester Road

 

A further submission was received from the owners at no. 11 Winchester Road claiming the development will have overshadowing impacts to no. 15. Winchester Road.

Refer to Key Issues and Areas of Non Compliance section of this report which addresses Solar Access and Overshadowing to neighbouring properties.

 

 

Key Issues

 

Floor Space Ratio - Section 3.2

Floor space ratio (FSR) is a measure that assists in controlling the mass and bulk of a development.  FSR operates in conjunction with building height, wall height and setback controls to define the 3 dimensional space within which a development may occur, that is, the building envelope.  FSR is expressed as a ratio of the permissible gross floor area to the site area. The maximum permissible FSR for any development is prescribed in the RLEP.

 

The subject site has a land area of 249.8m.  The proposed FSR when assessed under the Randwick LEP 2012 for lot sizes less than 300m² is assessed on merit. The proposed FSR on the site is 0.55:1 or 136.72m.

 

The character, size, bulk, scale and height of the proposed development is generally consistent with that of other developments in neighbouring sites such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality.  The proposed development is very similar in size and form to other dwelling houses in the immediate locality.

 

The bulk of the building has been distributed appropriately and is articulated with window and door openings, balconies and different building materials to respect the outlook of the adjoining properties and streetscape.  The proposal maintains a single storey to the street frontage by located the first floor addition behind the existing building footprint.  This will have the effect of reducing any perception of visual bulk and scale of the proposed building to the street. 

 

Adequate separation between neighbouring buildings is provided to allow for reasonable solar access; and visual and acoustic privacy has been addressed below in the Key Issues and Areas of Non Compliance section of this report.

 

In addition to the above, the development complies with the maximum height control under the LEP 2012.  Also, the proposed external wall height generally satisfies the objectives, and Control requirements of the DCP 2013, as they relate to building envelope and building design.

 

The application is considered to be acceptable in this regard given general compliance with the DCP controls.

 

Setbacks - Section 3.3

Objectives

 

·      To maintain or establish a consistent rhythm of street setbacks and front gardens that contributes to the character of the neighbourhood.

·      To ensure the form and massing of development complement and enhance the streetscape character.

·      To ensure adequate separation between neighbouring buildings for visual and acoustic privacy and solar access.

·      To reserve adequate areas for the retention or creation of private open space and deep soil planting.

·      To enable a reasonable level of view sharing between a development and the neighbouring dwellings and the public domain.

 

Side setbacks - Section 3.3.2

Controls

i)      Comply with the minimum side setbacks as follows:

 

Dwelling Houses & Dual Occupancies (Attached & Detached)

Frontage width

Ground storey

First storey

Second storey & above

Frontage less than 9m

900mm

900mm

900mm

 

An objection was received in relation to the northern wall be sited on the boundary with a nil setback.

 

The majority of the proposed development complies with the side setback control except for the rear portion of the ground floor addition that will be built on the northern side boundary and will have an overall height of approximately 3.3m.

 

Given that the majority of the windows at No. 11 Winchester Road are facing the subject site, the construction of the proposed 3.3m high wall on the northern side boundary will be visually intrusive when viewed from No. 11 Winchester Road.  As a result, it is recommended that the height of the wall should be reduced to a maximum height of 2.7m measured from the existing ground level of the subject site.  Taking into consideration that the ground level for the adjoining property at No. 11 Winchester Road is approximately 500mm higher than the subject site along the northern side boundary, the recommended 2.7m wall height would be equivalent to a 2.2m when measured from the existing ground level at No. 11 Winchester Road.  See Figures 1 & 2 below.

 

The reduction in wall height will reduce the visual bulk of the development as viewed from the neighbouring property and will also maintain adequate daylight and ventilation to the south facing windows of No. 11 Winchester Road.

 

Subject to the above recommendation, the non-compliant setback to the northern side boundary would be considered acceptable given part of the existing dwelling is already built on the northern side boundary and the development in the immediate vicinity also includes setbacks that are non-compliant with the DCP control.  Further, it is considered that strict compliance with the setback control in the circumstances of the case would be unreasonable as the site has a width of 6.185m and such compliance would result in a dwelling with a restricted footprint.

 

Given the above reasons, the proposed side setbacks of the development are considered acceptable and will satisfy the objectives of the Control.

 

  

Figure 1: View taken from living room window.  Red dotted line indicates the approximate height of the recommended wall on northern side boundary (i.e. 2.2m) measured above the existing paved area of

No. 11 Winchester Road.

 

Solar Access and Overshadowing – Section 5.1

Objectives

·         To ensure new dwellings and alterations and additions are sited and designed to maximise solar access to the living areas and private open space.

 

·         To ensure development retains reasonable levels of solar access to the neighbouring dwellings and their private open space.

 

·         To provide adequate ambient daylight to dwellings and minimise the need for artificial lighting.

 


Controls

 

Solar access to neighbouring development:

i)     A portion of the north-facing living area windows of neighbouring dwellings must receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June.

 

ii)    The private open space of neighbouring dwellings must receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. The area covered by sunlight must be capable of supporting passive recreation activities. 

 

v)    Existing solar panels on neighbouring dwellings, which are situated not less than 6m above ground level (existing), must retain a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. Where the neighbouring dwellings do not contain any solar panels, direct sunlight must be retained to the northern, eastern and/or western roof planes of neighbouring dwellings, which are at least 6m above ground level (existing), so that future solar panels capturing not less than 3 hours of sunlight between 8am and 4pm on 21 June may be installed.

 

An objection was received from the neighbouring dwelling at no. 15 Winchester Road in relation to overshadowing impacts to their living areas.

 

The proposal will increase the amount of the overshadowing to the southern adjoining property; however, the degree of the impact is acceptable when consideration is given to the orientation of the site and the context of development in the surrounding area.

 

Development contained within Winchester Road comprises predominately of free standing dwelling houses and semi-detached dwellings on relatively narrow allotments. The surrounding area is generally a continuation of the relatively low density built forms; however, there is a splattering of higher density built forms, including multi-unit housing development. In the immediate vicinity of the subject site, the development is certainly considered to be low density, and the adjoining properties at No. 11 & 15 Winchester Road are two storey in height.

 

The expectation that solar access to private open spaces and habitable spaces be preserved is supported by Council.  However, it is noted that the orientation of the lots in an east-west orientation does not provide a suitable environment for the retention of sunlight. As such, the expectation to preserve sunlight would be dependent upon the development form and scale.

 

The proposal will overshadow the north facing windows of the rear portion of the southern adjoining property at No. 15 Winchester Road. Council Officer has undertaken an analysis of the shadow impact and noted that at 9am, approximately two thirds of the windows to the rear section of the dwelling will be affected by the proposed development.  At 12pm, the lower section of the upper level windows and rear windows to the void area which allows sunlight and light to channel into the ground level living areas of the dwelling will be affected by the proposed development. At 3pm approximately 4.7m to the rear section of the dwelling will be impacted by the proposed development during the winter solstice.

 

This is inconsistent with the numerical control of the DCP, which requires a minimum of 3 hours of direct solar access to north facing windows of neighbouring properties between 8am to 4pm during the winter solstice.  Notwithstanding, the private open space of neighbouring dwellings will still receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June.

 

Whilst the proposed development will result in partial non-compliance with the solar access control of the DCP, the impact is considered to be acceptable when considering the proposal complies with the building height, wall height, side & rear setback controls; the reasonableness of the development; the unfavourable orientation of the allotments in respect to preservation of solar access; and the context of the built form in the surrounding area.

 

In addition, the proposal incorporates a good passive solar design that maximises solar access into the living and bedrooms through implementation of windows and roof skylights along the northern side of the dwelling.

 

Given the severe constraints of the site, particularly noting the narrowness and small site area, the proposal is acceptable in general terms in respect to bulk, scale, mass & proportion. The numerical non-compliances with the DCP are not borne from a less skilful design, but rather, a design that is seeking to provide an appropriate level of internal amenity for the future occupants of the dwelling.  It is deemed therefore that the proposal is designed within the constraints of the site and any adverse impacts to solar access for adjoining properties is primarily a result of the orientation of the site rather than the inconsistencies with the relevant controls of the DCP.

 

The roof solar collectors to the neighbouring dwelling at no. 11 Winchester Road will not be affected by the proposed development and will still receive the minimum 3 hours of direct sunlight between 8am and 4pm during the winter solstice

 

The proposed development will comply with the above DCP objectives and controls.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the objectives and control requirements of relevant State and Local planning controls.

 

Subject to the recommended conditions, the development scheme will not generate unreasonable adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, solar access and privacy. Also, when considered on balance with resultant environmental impacts eventuates in a generally positive development outcome for the site, the streetscape and surrounds.

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/446/2014 for alteration, ground and first floor addition to the existing dwelling house at No. 13 Winchester Road, Clovelly, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Amendment of Plans & Documentation

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

 

a.     The overall height of the ground floor external wall on the northern side boundary shall be reduced to a maximum of 2.7m, as measured vertically from the existing ground floor level of the subject site.

 

b.     The external wall on the northern side boundary shall be rendered and painted in light colour (i.e. similar to the colour of the existing northern external wall). 

 

c.     The proposed window openings along the northern elevation at first floor level must have a minimum sill height of 1.6m above floor level, or alternatively, the window/s are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height.

 

d.     A privacy screen having a height of 1.8m is to be provided on the northern and southern sides of the rear first floor balcony and the screen shall be constructed of obscured glazing. 

 

e.     The roof skylight windows along the northern ground floor portion of the dwelling shall be provided with fixed and obscured glazing. 

 

 

Attachment/s:

 

1.

DA Compliance report 23 Winchester Road, Clovelly

INCLUDED UNDER SEPARATE COVER

 

 

  


Planning Committee                                                                                         9 September 2014

 

 

Miscellaneous Report No. M1/14

 

 

Subject:                  169 Dolphin Street, Coogee - Coogee Pavilion - Request for Owners Consent for lodgement of Outdoor Dining Development Application

Folder No:                   F2011/07593

Author:                   Sharon Plunkett, Property Coordinator     

 

Introduction

 

The current operator of the “Coogee Pavilion” at 169 Dolphin Street, Coogee have indicated that they would like lodge a DA seeking consent to provide an outdoor dining area. As the proposal involves furniture that will be fixed to the pavement and that the use will be associated with a “Hotel” premises, owners consent for the lodgment of the DA is referred to Council for its consideration.

 

Issues

 

The Development Application requires consent from Council as the owner of the land for its lodgment. In this instance the areas the “Coogee Pavilion” wishes to occupy are located on Dolphin Street and Beach Street, both being Council’s roads, adjoining Goldstein Reserve and Dunningham Reserve.

 

The preliminary drawings indicate five areas of outdoor dining, having an area of 185.80sqm and comprising 10x8 seater tables, 19x4 seater square tables and 9x4 seater round tables allowing a total of 192 diners.  The area will also contain thirteen planter boxes and 38 umbrellas. The furniture comprising the table and seating have been described by the operator as “fixed but able to be removed at the end of the agreement and the area made good”. Copies of the preliminary plans are provided under separate cover.

 

The proposed hours of operation will be Monday to Saturday 7.00am to 11.00pm and Sunday up to 10.00pm. The operator has also indicated that the outdoor areas will only be used ancillary to the restaurant acivities on the premises and that no alcohol will be served unless it is provided with a meal. The operator will also be submitting a plan of management and acoustic report to address issues of noise and anti-social behaviour.

 

If a development consent is issued, the occupation of the area will require the proprietor to enter into a formal licence agreement with Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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.

 

Financial impact statement

 

Should the development application be approved, a licence agreement for occupation of the area will return an annual rental of $124,800.

 

Conclusion

 

The Development Application will be placed on public exhibition and assessed against the relevant criteria contained in Council’s RDCP 2013. As such, Council in providing its owners consent to the lodgement of the application does not in any way prejudice a determination that may be made on the DA.

 

 

Recommendation

 

That Council provides owners consent for the lodgement of the Development Application for outdoor dining at 169 Dolphin Street, Coogee.

 

 

Attachment/s:

 

1.View

Letter from Merivale Chief Executive Officer - 169 Dolphin Street Coogee - 27 August 2014

 

2.View

Outdoor Dining Area Operating Plan (Draft) - 169 Dolphin Street Coogee

 

 

 

 


Letter from Merivale Chief Executive Officer - 169 Dolphin Street Coogee - 27 August 2014

Attachment 1

 

 


Outdoor Dining Area Operating Plan (Draft) - 169 Dolphin Street Coogee

Attachment 2