Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 24 November 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street, Randwick on Tuesday, 24 November 2015 at 6:00pm

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 27 October 2015

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded for the purposes of clause 69 of Council’s Code of Meeting Practice.

Audio/video recording of meetings prohibited without permission;

A person may be expelled from a meeting for using, or having used, an audio/video recorder without the express authority of the Council.

Mayoral Minutes

MM63/15   Waiver of fees for Maroubra Diggers Junior Swimming Club for two (2) swimming carnivals at Des Renford Leisure Centre...... 1

MM64/15   Waiver of Fees for Rainbow Club Australia weekly lane hire at the Des Renford Leisure Centre............................................. 3   

 

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

Urgent Business

Director City Planning Reports (record of voting required)

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

CP64/15    315 Maroubra Road, Maroubra (DA/884/2014) (Deferred)...... 5

CP65/15    24 Mitchell Street, Chifley (DA/702/2015)............................ 53

CP66/15    131 Mount Street, Coogee (DA/266/2015)........................... 63

CP67/15    263-269 Clovelly Road, Clovelly (DA/566/2014/A)................ 79

CP68/15    169-181 Dolphin Street, Coogee (DA/649/2010/A)............... 93

CP69/15    3R Marine Parade, Maroubra (DA/641/2015)....................... 101

General Manager's Reports

GM21/15   Review of the 2015-16 Operational Plan - September Quarter...................................................................................... 105

GM22/15   Fit for the Future Update and Transition Planning................ 113

Director City Services Report

CS13/15   Resident representation on the Greening Randwick Committee...................................................................................... 123

Director Governance & Financial Services Reports

GF51/15   Quarterly Budget Review - September 2015....................... 125

GF52/15   Code of Conduct Complaint Statistics................................. 143

GF53/15   Schedule of Meetings for 2016 and arrangements for decision making over the Christmas/New Year period....................... 147

GF54/15   Council operating hours - Christmas and New Year 2015-16 151

GF55/15   Investment Report - October 2015..................................... 155

GF56/15   Further Election of Delegates to Various Committees........... 163  

Petitions

Motion Pursuant to Notice

NM59/15   Notice of Motion from Cr Stavrinos - Proposed Wheel Locking System - Abandoned Shopping Trolleys ............................ 165

NM60/15   Notice of Motion from Crs Bowen, Moore & Neilson - Protection of Trees - Light Rail ......................................................... 167  

Closed Session

CP70/15    23 Courland Street, RANDWICK (DA/827/2014)

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.

 

CS14/15   Quotation Q2016-07 - Supply of Garbage Compactors

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

 

CS15/15   Tender T2016-04 - Licence for the Operation of Stand Up Paddle Board Schools

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

 

CS16/15   Tender T2016-12 - Kensington Community Centre  Alterations and Additions

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

 

CS17/15   Tender T2016-13 - Chifley Sports Reserve Inclusive Playground Construction

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

  

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                                 24 November 2015

 

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Mayoral Minute No. MM63/15

 

Subject:                  Waiver of fees for Maroubra Diggers Junior Swimming Club for two (2) swimming carnivals at Des Renford Leisure Centre

Folder No:               F2012/00278

Author:                    The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Correspondence has been received from Mr. Rod Royston, President of Maroubra Diggers Junior Swimming Club, requesting Council to waive hire fees for the use of the Des Renford Leisure Centre (DRLC) for two zone carnivals being held in December 2015 and January 2016.  

 

Issues

 

The Maroubra Diggers Junior Swimming Club is a not for profit organization who have been utilizing DRLC on a weekly basis between October and March each year for over thirty years.  This year they wish to invite a number of clubs to DRLC for two (2) zone swimming carnivals on Saturday, 5 December 2015 and Saturday, 30 January 2016 which will attract approximately 250 people to each event.

 

These events are both scheduled for outside normal operating hours of the facility, commencing at 6.00pm and concluding at 10.00pm.  The facility will incur increased staff and operating costs due to the after hours nature of these events.

 

There will be no impact on the normal daily facility events.

 

Financial impact statement

 

In the event that Council accepts the report recommendation, the direct financial implication to Council will be $2,040.00 to be funded from the 2015-16 Contingency Fund.

 

Conclusion

 

It is considered that Council should support the request from Maroubra Diggers Junior Swimming Club to waive the fees for the hire of DRLC for two zone swimming carnivals to be held in December and January at a cost of $2,040 and that normal facility spectator fees still apply to all non-competitors to assist the facility in recovering the increased costs of operating outside of normal hours.

 

 

Recommendation

 

That:

 

a)     Council votes $2,040.00 from the 2015-16 Contingency Fund to cover the cost of hiring the Des Renford Leisure Centre;

 

b)     The organiser undertakes to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event; and

 

 

c)     Normal facility spectator fees apply for all non-competitors.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Mayoral Minute No. MM64/15

 

Subject:                  Waiver of Fees for Rainbow Club Australia weekly lane hire at the Des Renford Leisure Centre

Folder No:               F2010/00214

Author:                    The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Correspondence has been received from Ms Catriona Barry, General Manager of the Rainbow Club Australia, requesting the waiver of hire fees for the use of the Des Renford Leisure Centre (DRLC) to conduct weekly learn to swim classes for children with a disability for each school term (40 weeks) of the 2016 calendar year.  

 

Issues

 

The Rainbow Club Australia is a not for profit organisation who have been utilizing DRLC on a weekly basis during school terms to conduct learn to swim classes for disabled children.  The Rainbow Club subsidises the cost of the individual lessons so that swimming can be affordable for children and families with a disability.

 

The Rainbow Club is seeking Council to waive the weekly hire fees of $240 to enable the Club to maintain this subsidy for its members.

 

Financial impact statement

 

In the event that Council accepts the report recommendation, the direct financial implication to Council will be $9,600 to be funded from the 2015-16 Contingency Fund.

 

Conclusion

 

It is considered that Council should support this request from the Rainbow Club Australia to waive the fees to hire DRLC for weekly learn to swim classes during each school term (40 weeks) of the 2016 calendar year.

 

Recommendation

 

That:

 

a)     Council votes $9,600 from the 2015-16 Contingency Fund to cover the hire fees into the Des Renford Leisure Centre;

 

b)     the organiser undertakes to appropriately and prominently acknowledge and   promote Council’s contribution prior to and during the event.

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                 24 November 2015

 

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Director City Planning Report No. CP64/15

 

Subject:                  315 Maroubra Road, Maroubra (DA/884/2014) - Deferred

Folder No:               DA/884/2014

Author:                    Willana Associates, Pty Ltd     

 

Proposal:                 Demolition of the existing dwelling house and construction of three storey residential flat building containing 9 dwellings and basement parking for 12 vehicles, associated site and landscape works (variation to building height control)

Ward:                      Central Ward

Applicant:               Mr P Samios

Owner:                    Est. Late Mrs S Samios

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

Development Application Executive summary report

 

The application has been assessed by an external planning consultant and referred to the Planning Committee for determination as an objector and adjoining property owner is a Council employee.

Introduction

 

The proposal is for the demolition of the existing dwelling house and construction of a residential flat building containing 9 dwellings within 3 levels and basement parking for 12 vehicles and associated site and landscape works (variation to building height control).

 

The application was recommended for approval and reported to the Planning Committee on 14 July 2015 because an objector and adjoining property owner is a Council employee.  At the meeting, a rescission motion was submitted by Councillors D’Souza, Matson, Neilson and Shurey in accordance with Council’s Code of Meeting Practice and the application was reconsidered at the Ordinary Council Meeting held on 28 July 2015.  The following was resolved at this meeting:

 

“(Matson/Shurey) that:

 

(a)    the application be deferred as the amended notification plans dated June 2015 were not forwarded to the adjoining residents and contain an additional sectional drawing of the basement carpark not shown in the original notification plan, which indicates that there is scope to lower the rear carpark level and height of the rear section of the building to considerably lessen the overall height of the rear of the building and its impact upon the amenity of the adjoining properties in Haig Street; and

 

(b)   the amended notification plans be advertised to enable full submissions from the community.”

 

The amended plans referred to in the above resolution were notified on the 19 August 2015 until 2 September 2015.  They indicate changes to the rooftop terraces to address acoustic and visual privacy impacts as listed below. 

 

·     Decrease to the area of each terrace via increased side setbacks. 

·     Provision of higher, solid planter parapets around the rear and front terraces.

·     Provision of privacy/acoustic screens to the sides of the common roof terrace.

·     Increase in the width of the planter boxes to the sides of the rear and front terraces,

 

The changes have been considered in the assessment reports (i.e. Executive Summary Report and Compliance Report) considered at the Planning Committee meeting held on 14 July 2015 and Ordinary Council meeting held on 28 July 2015.  Attached is a copy of the reports.

 

Submissions

The owners of adjoining and likely affected neighbouring properties were notified of the amended plans referred to in the resolution above.  The notification was in accordance with the Randwick Comprehensive DCP 2013 and extended during the period of 19 August 2015 – 2 September 2015. 

 

Submissions were received as a result from the owners/residents of the properties listed below.

 

·          66 Haig Street, Maroubra

·          68 Haig Street, Maroubra

·          70 Haig Street, Maroubra

·          72 Haig Street, Maroubra

·          Unit 2/74 Haig Street, Maroubra

·          Unit 1/74 Haig Street, Maroubra

·          Unit 2/311 - 313 Maroubra Road, Maroubra

·          Unit 4/311 - 313 Maroubra Road, Maroubra

·          Unit 10/311 - 313 Maroubra Road, Maroubra

·          Unit 5/317 Maroubra Road, Maroubra

 

Table 2 | Objectors Issues

Issue

Comment

Building Height

·       Request a reduction in the overall building height of the rear to lessen the extent of overshadowing, overlooking, and overbearing impact on properties in Haig Street, it being noted that the proposed building will be excessive in height, exceed the Randwick LEP maximum 10.5m wall height and 12m building height and will be considerable higher than the existing adjoining residential developments in Maroubra.

 

The building height has been addressed in the attached reports (Executive Summary and Compliance Report) in particular, the following sections address the extent of the variances to the building height control and associated impacts:

 

NB: The maximum building height prescribed by the Randwick LEP is 12m.  An external wall height control of 10.5m is prescribed under Randwick DCP.

 

The reduction in the overall height and impacts are discussed further below.

·       Increase in height of roof terrace parapet walls by up to 330mm effectively increasing overall height of building by an additional 330mm and increasing the overshadowing and overbearing impact of building on rear adjoining properties in Haig Street.

·       More acceptable to increase depth of planter along southern side of roof from 1000mm to 2000mm and reduce parapet wall height to 1000mm to reduce overlooking potential from the roof terraced while lessening overshadowing, as required to the western planter box by condition 12 and condition 11 should be modified to require the same increase in planter box depth.

In comparison to the original, submitted, Section A-A plan received by Council on 1 December 2014, the amended plan proposes to increase the rear parapet height from 1m to 1.3m measured from the roof slab at RL 59.7.  The RL at the top of the parapet is indicated to be 61.0 on the amended plans. Thus, the increase will be 300mm.

 

The suggested 2m setback with a reduced parapet wall height of 1m will not adequately obstruct downward views into the upper level windows of the adjoining rear properties.  As indicated on the diagram below, at least a 1.2m parapet height would be needed with a 2m wide planter box to ensure downward views are adequately screened.

 

 

This represents a reduction to the proposed parapet height by 0.1m which would be of no significant benefit in terms of reducing the overshadowing impact.

·       Rear section of building can be reduced in height by up to 1000mm by levelling rear basement car park level and lowering upper floors and roof terrace level of the rear section of the building to lessen overshadowing and impact on adjoining properties.

 

·       In accordance with Council’s Rescission Motion NR4/15 to defer DA-884/2014 the applicant be requested to:

·    Reduce the overall height building of the rear section by levelling rear basement car park level and lowering upper floor and roof levels of rear section as was the case with residential developments at 311-313 and 319 Maroubra Road;

·    - Modify condition 11 of DA report to reduce height of rear and side planter parapet walls from 1330mm to 1000mm while increasing depth of southern rear planter box to 2000mm to lessen degree of overlooking, overshadowing,  and overbearing impact on the amenity of adjoining properties and residents in Haig Street, Maroubra

·    - It is requested that all other original non-standard conditions in Development Assessment Report to Council be included in the future development consent to protect the privacy and amenity of adjoining residents and properties.

The following should be noted with respect to the issue of height:

 

1.   The floor-to-ceiling height of the upper floor and other floors of the rear building section is 2.7m. This is the minimum requirement under the Residential Flat Design Code (applicable at the time of assessment); Apartment Design Guide (being the guide which has since superseded the Residential Flat Design Code) and Randwick Development Control Plan 2013 (RDCP 2013).  Providing higher floor-to-ceiling heights is important to achieving good daylight access and natural ventilation.  “A lower floor-to-ceiling height (2.4m) is only appropriate for non-habitable rooms”

 

2.   Sinking the building further into the ground would bring all levels down without impacting on the actual floor-to-ceiling heights.  However, the rear section of the building (those portions of the building being requested to be dropped) is compliant with the building height standard and rear end of the basement will be below the natural ground level based on the survey RLs.  As the land slopes towards the north (street) a protrusion forms.  The front block has been stepped down to cater for this slope. 

 

3.     The variance to the wall height increases further north given the general slope of the land to the street.  As indicated in Section A-A, it is the parapet walls that would exceed the external wall height requirement (by 0.05m) rather than the main building walls that will encompass the units.  The DCP explains the external wall height control to ‘supplement the LEP to ensure that development provides for a suitable number of storeys and encourages interesting roof forms suitable to the streetscape’.  The parapet will not add a storey; the lowering of the building would not change the roof design outcome; (nor is it considered unacceptable to warrant change), and nor will any lowering be of a benefit to the streetscape impact particularly given the setback of the rear block from the street.  The overall building height is well aligned with that of neighbouring properties along Maroubra Road.

 

Strict compliance would be of minimum consequence to the overshadowing and visual impact of the development.

 

4.   The DCP also explains that ‘the external wall height control has been devised to ensure that adequate floor to ceiling height, realistic floor slab and roof construction and basement or semi-basement car parking could be achieved under different topographical conditions’.  As stated above, minimum floor-to-ceiling heights are achieved.

 

 

The basement level provides a reasonable and realistic approach the sites slope.

 

5.   Lowering the roof terrace level (as indicated in red on a set of plans accompanying the objection), would bring openings and terraces more in line with those of neighbouring properties.  The drop in height will increase overlooking from the rear of the roof top terrace into the upper level windows of dwellings along Haig Street, roof top terrace of 311-313 Maroubra Road and adjacent rear balcony of the upper level unit at 317 Maroubra Road.  To address this impact, the parapet height will need to be increased to 1.6m from the finished floor level of the rear roof terrace.  In this regard, condition 11 of the recommendation of the attached Executive Summary report and Compliance report must be deleted.

 

6.    The suggested changes marked in red on a set of plans accompanying the objection would be of no major amenity benefit to neighbouring properties along Haig Street in terms of sunlight access.  With regard to the impact on 66 Haig Street (taking into consideration the existing impact of 313 Maroubra Road), it will provide additional patches of sunlight access of no little benefit to the onsite amenity at 9am.

 

Around 10am shadows will be slightly setback from the rear yard of 68 Haig Street and 70 Haig Street

 

The properties 70 and 72 Haig Street will both be affected upon approach of, and at, the middle of the day where shadows are not as long.  Shadows are already cast from rear boundary fencing.

 

The proposed impact will overlap with these. 

 

With regard to the impact on the rear yards of 74 Haig Street, an adequately sized rear yard section will have access to sunlight.  The reduced building height will extend the unaffected area however, this extension is not pertinent to the amenity of 74 Haig Street. 

 

Regardless of the above, should Council be of the view that any increase in additional solar access should be aimed at providing a balanced outcome between facilitating development and addressing neighbour concerns, then it is recommended that a deferred commencement be issued subject to the following conditions:

 

1.   The whole of the rear building section be sunken further into the ground to reduce the RLs of all floor slabs, similar to that indicated in red on the attached diagram. 

 

2.   Increase the parapet height around the rear roof top terrace to 1.6m in height from the finished floor level of the roof terrace.

·       Plans have not been adjusted to adequately address loss of privacy and amenity, i.e. minimise height of development, extending planter boxes rather than increasing the parapet height and also lowering level of the basement carpark

The privacy issue has been address in the accompanying reports (Compliance Report and Executive Summary Report) and above sections of this table.

 

 

·       Will there be a dilapidation report at developers cost for each rear adjoining properties (66, 68, 70, 72 and 74 Haig Street) prior to initiation of building and excavation works.

·       The local area is built on sand hills.  I have concerns about heavy machinery being used for demolition.  I need a dilapidation report done or 70 and 72 Haig.  Our houses were built with lime mortar.  Any vibration that travels through sand has the potential to cause cracks and split brickwork

Council’s standard condition (provided below) is recommended to be amended as indicated below (highlighted in red) to ensure the following concerns are specifically addressed:

 

-   A dilapidation report is prepared at the developers cost

-   The report relates to neighbouring properties within the excavation zone of influence. 

-   The report be finalised and submitted to the principal certifying authority prior to the commencement of any works. 

 

Existing Standard Condition

Dilapidation Reports

1.   A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

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

 

Amended Standard Condition

Dilapidation Reports

2.   A dilapidation report shall be prepared by a professional engineer or suitably qualified and experienced building surveyor at the developer’s cost,  and submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site within the zone of influence (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

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

·       Is there any information regarding safeguarding our properties fences and gardens once excavation works begin. How does developer propose to ensure our properties are not compromised in any way.

The above stated dilapidation condition provides a safeguard to property fences and retaining walls within the zone of influence of the construction site.  The zone is determined by the consultant engineer/ experienced building surveyor.  The zone generally encompasses properties adjoining the construction site. 

 

The developer will be required to comply with the conditions of a development consent which aims to minimise any impacts on neighbouring properties. In particular compliance with the following conditions listed in the attached compliance report will provide safeguards to adjoining properties (including significant trees and fences): 25, 41, 42, 43, 52, 54, 55, 56, and 57.

·       What screen planting does Developer propose to use to maintain privacy of adjoining properties.  Currently there are mature screen trees that provide screening. Removal of trees will have negative impact on privacy of adjoining rear properties and as such need to make sure developer provides trees of equivalent size and maturity and notified residents of the size, type and location of the screen trees to be used.

·       Has the type of screen trees been finalised and how mature will they be.

The species indicated on landscape plans dated 30/3/15 (Rev C) is ‘Tilaceaous rubra’.  Five (5) of these screen trees will extend along the entire rear boundary, and achieve a similar screening function as per the existing trees, i.e. they will have a similar height, canopy spread and density.

 

The recommended conditions (No. 9 and 50) will ensure screen planting along the rear boundary is:

 

-   A mature size and height upon planting

-   Evergreen

-   A species which will attain a minimum of 6m in height

 

Condition No. 9 requires details of the maturity of the screen planting to be submitted for the approval of Council’s Director of City Planning prior to obtaining a construction certificate.

 

The final choice in species must have the following important qualities: 

 

-   be evergreen,

-   extend along the entire rear boundary,

-   achieve a similar screening function as per the existing trees, i.e. they will have a similar height, canopy spread and density.

 

To ensure the qualities are not overlooked in the final choice of species, it is recommended condition 9 be reworded as following:

 

The screen planting along the rear boundary shall: be mature in size and height upon planting; be evergreen; extend along the entire rear boundary; and achieve a similar screening function as per the existing trees, i.e. have a similar height, canopy spread and density.

 

Details of the screen planting are to be submitted for the approval of Council’s Director of City Planning prior to obtaining a construction certificate.

·       Confirmation of the height of southern (rear) fencing.

·       The rear fence was due to be replaced by the builder and the height increased to 2.1m.  Is this still current.

The existing rear fencing is not proposed to be altered.

 

The amended architectural and landscape plans do not indicate any new fencing along the rear boundary.

 

 

Conclusion

 

The impacts of the overall building height and external wall heights have been assessed as being satisfactory. To provide clarity to the recommended conditions relating to dilapidation and landscaping and ensure the issues raised in objections in terms of safety/damage and privacy (respectively) are acknowledged / addressed, it is recommended draft conditions 40 and 9 of the attached reports be reworded to read as following:

 

Dilapidation Reports

40.     A dilapidation report shall be prepared by a professional engineer or suitably qualified and experienced building surveyor at the developer’s cost,  and submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site within the zone of influence (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

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

 

9.       The screen planting along the rear boundary shall: be mature in size and height upon planting; be evergreen; extend along the entire rear boundary; and achieve a similar screening function as per the existing trees, i.e. have a similar height, canopy spread and density.

 

Details of the screen planting are to be submitted for the approval of Council’s Director of City Planning prior to obtaining a construction certificate.

 

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 4.3 of Randwick Local Environmental Plan 2012, relating to Building Height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & 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/884/2014 for the construction of a residential flat building consisting of a total of nine (9) units above basement car parking consisting of a total of 13 car spaces, at No. 315 Maroubra Road, Maroubra subject to the following conditions of this report:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

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

 

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA-01 - Basement Floor Plan; Site & Ground Floor Plan

Nexus Architecture Pty Ltd

February 2014

27 March 2015

DA-02 - First Floor & Second Floor Plans

Nexus Architecture Pty Ltd

February 2014

27 March 2015

DA-03-01 - Roof Terraces Plan

Nexus Architecture Pty Ltd

February 2014 & 3/6/2015 for Revision A

4 June 2015

DA-04 - Section & Sectional Elevation

Nexus Architecture Pty Ltd

February 2014 & 3/6/2015 for Revision A

4 June 2015

DA-05 - Elevations 1

Nexus Architecture Pty Ltd

 

February 2014 & 3/6/2015 for Revision A

4 June 2015

DA-06 - Elevations 2

Nexus Architecture Pty Ltd

February 2014 & 3/6/2015 for Revision A

4 June 2015

DA-07 - Unit Plans

Nexus Architecture Pty Ltd

February 2014

27 March 2015

DA-8 - Miscellaneous Details

Nexus Architecture Pty Ltd

February 2014

27 March 2015

 

BASIX Certificate No.

Dated

Received by Council

562981M_02

20 March 2015

21 April 2015

 

Amendment of Plans & Documentation

2.       The following plans are to be amended to be inconsistent with the approved floor plans (DA-01 and DA-02):

 

·          ‘Unit Plan’ (DA-07 dated Feb 2014) at 1:50. The 1 bedroom plan in the top corner should be referenced as Units 1 and 2.  The 2 bedroom plan below should referenced Unit 5 and 8 and then Unit 4 and 7 Mirror Reverse.

 

·          Section A-A Plan (DA-04 dated Feb 2014), are inconsistent with the floor plans.  The above ground units closer towards Maroubra Road should be referenced Units 5 and 8 instead of Units 6 and 9.

 

·          Maroubra Rd Façade Detail Plan (DA-08 dated Feb 2014), are inconsistent with the floor plans.  Unit 6 and 9 should be marked Unit 5. and 8.

 

Details shall be provided to the satisfaction of the PCA on approved Construction Certificate plans.

 

3.       The angled side blade walls at second floor level (of Units 7 and 8) must have the same side setback as the angled blade walls at first floor level.  Details shall be provided to the satisfaction of the PCA prior to obtaining a Construction Certificate.

 

4.       The window of Bedroom 1 of both Units 1 and 2 must consist of double glazing.  Details of compliance must be included in the construction certificate application and written confirmation of compliance is to be provided to Council’s Director of City Planning and the Certifying Authority prior to the construction certificate being issued.

 

5.       The kitchen windows on the side elevations (i.e. of Units 4,5,7 and 8) are to consist of fixed and obscured glazing to the lower pane of the window. 

 

6.       The translucent glazing above the balustrades (indicated on the plans) on the rear elevation of Units 6 and 9 must be replaced with horizontal, fixed, 45 degree, angled louvres (i.e. angled upwards) that are spaced 10mm from each other.  The balustrade and louvres must have a combined height of a minimum of 1.6m measured from the finished floor level of each balcony.

 

7.       All screen planting must be maintained at all times to the satisfaction of Council’s Director of City Planning.  A Maintenance Plan must be prepared and submitted for the approval of Council’s Director of City Planning prior to a Construction Certificate being issued.  The Maintenance Plan must include arrangements for the following aspects (as a minimum):

§  Inspection and maintenance of waterproofing roof membrane.

§  Details of drainage and irrigation systems (preferably self-watering), including overflow provisions.

§  Details of the location, numbers and type of plant species.

§  Planting and maintenance procedures, including frequency and methodology of maintenance requirements.

§  Maintenance of irrigation.

 

All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.  The maintenance plan must be complied with during occupation of the property.

 

The owner/strata body of the premises shall at all times comply with the ongoing maintenance requirements of the Maintenance Plan and shall promptly upon request produce a copy of the Plan to Council.

 

8.       The communal landscaped areas should include an area dedicated to onsite composting.  Details are to be provided on the landscape plans submitted with an application for a Construction Certificate to the satisfaction of the Principal Certifying Authority.

 

9.       The screen planting along the rear boundary shall: be mature in size and height upon planting; be evergreen; extend along the entire rear boundary; and achieve a similar screening function as per the existing trees, i.e. have a similar height, canopy spread and density.

 

Details of the screen planting are to be submitted for the approval of Council’s Director of City Planning prior to obtaining a construction certificate.

 

10.     A specification or acoustic report must be submitted with an application for a Construction Certificate that verifies the frosted glazing around the common roof terrace consists of noise reducing qualities.

 

11.     The depth of the planter boxes on the private roof top terrace of Unit 9 shall be amended as follows:

 

·      The planter box along the western side of the terrace shall be increased to 2579mm (measured from the inner face of the parapet wall).

 

·      The planter box along the southern side of the terrace shall be increased to 1000mm (measured from the inner face of the parapet wall).

 

12.     The depth of the planter box along the western side of the private roof top terrace of unit 7 shall be increased to 2000mm (measured from the inner face of the parapet wall)

 

13.     New side fencing shall be erected to a height of 1.8m measured from the finished ground level around the building (inclusive of any retaining walls/(or portions of above the finished ground level) to the top of the fencing.  The fencing shall be erected adjacent to the common boundaries, be wholly on the subject site and step down the site in response to the terracing.  The cost of the fencing must be borne by the applicant. 

 

Details must be submitted to and approved by Council’s Director of City Planning, prior to obtaining a 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 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

14.     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

15.     Any sandstone blocks in the existing buildings or fences on the site must be recycled and/or re-used.  They must not be rendered or painted.

 

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

16.     In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $280,918.00 the following applicable monetary levy must be paid to Council: $28,091.80.

 

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. Please contact Council on telephone 9399 0999 or 1300 722 542 for the indexed contribution amount prior to payment.

 

To calculate the indexed levy, the following formula must be used:

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

CP2 = the Consumer Price Index, All Groups, Sydney, as published by the ABS in  respect of the quarter ending immediately prior to the date of payment

CP1 = the Consumer Price Index, All Groups, Sydney as published by the ABS in respect of the quarter ending immediately prior to the date of imposition of the condition requiring payment of the levy.

 

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

17.     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.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

Security Deposit

18.     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

19.     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.

 

Street Tree Management

20.     The applicant must submit a payment of $855.25 (including GST) to cover the following costs:

 

a.       For Council to remove, stump-grind and dispose of the existing Harpephyllum caffrum (Kaffir Plum) from the Maroubra Road verge, just to the east of the existing opening, so as to accommodate the new vehicle crossing and basement entry ramp in this same location as shown; 

 

b.       For Council to supply, install and maintain 1 x 25 litre street tree, Angophora costata (Sydney Red Gum) on the Maroubra Road verge, further to the east, an equal distance between the eastern edge of the new vehicle crossing and existing street tree growing towards the eastern site boundary.

 

This fee must be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre prior to a Construction Certificate being issued for the development.

 

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

 

Protection of Street Tree

21.     In order to ensure retention of the existing juvenile Angophora costata (Sydney Red Gum) located on the Maroubra Road verge, towards the eastern site boundary  in good health, the following measures are to be undertaken:

 

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

 

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

 

c.   This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to its east and west (measured off the outside edge of its trunk at ground level), matching up with the back of the kerb to its north, and pedestrian footpath to its south, in order to completely enclose this tree for the duration of works.

 

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

 

e.  The applicant is not authorised to perform any works to this tree, and must contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

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

 

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

 

h.  A refundable deposit in the form of cash, credit card or cheque for an amount of $750.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

22.     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).

 

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

 

BASIX Requirements

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

 

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

 

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

 

Site stability, Excavation and Construction work

25.     A report must be obtained from a suitably qualified and experienced professional engineer, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)     Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)      Details to demonstrate that the proposed methods of excavation, support and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)     Written approval must be obtained from the owners of the adjoining land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

Design Alignment levels

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

 

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

 

27.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $762 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.

 

Vehicular Access & Carpark Layout

28.     The basement carpark & access driveway must be designed and constructed in accordance with the following amendments/requirements to the satisfaction of the Certifying Authority:

 

a)       The first 2m length of the driveway internal to the site (i.e. adjacent to front property alignment) must not exceed a grade of 1 in 20 (5%).

 

b)       No change of grade on the internal driveway shall exceed 12.5%

 

c)       The internal driveway must match the alignment levels at the property boundary (as specified by Council).

 

d)       Carspace 5 on the approved plans shall be widened to a 2.4m width to the face of the column (not the centre) in compliance with AS 2890.1:2004

 

e)       Carspace 4 on the approved plans shall be converted to provide a minimum of 1 motorbike space and 5 bicycle spaces) in accordance with the requirements of Part B7 of Council’s DCP 2013 and AS 2890.1:2004.

 

f)        A longitudinal section of the driveway must be provided with the construction certificate plans, at a scale of 1:20 along the centreline of the driveway. The section shall demonstrate compliance with the Council issued alignment level at the property boundary, together with satisfactory ramp grades.

 

g)       Unless otherwise approved by Council, 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.

 

29.     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.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

i.     Directly to the kerb and gutter or drainage system in front of the subject site in Maroubra Road; or

 

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

 

c)     Should stormwater be discharged to Council’s street 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.

 

NOTE: Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the infiltration area.

 

 

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

 

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

 

f)     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

m)    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.

 

n)     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line and must not encroach across a neighbouring property’s frontage unless approved in writing by Council’s Development Engineering Coordinator.

 

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

 

Site seepage & Groundwater

32.     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 the basement levels 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. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

 

Waste Management

33.     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.

 

34.     The garbage room shall be sized to contain a total of 12 x 240 litre bins (comprising 5 garbage bins & 5 recycle bins & 2 green waste) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

35.     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.

 

Landscape Plans

36.     The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Landscape Plans by Lightbox Landscape Architects, DA.101-102, job no.078, issue A & B, dated 19.08.14.

 

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

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

 

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

 

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

 

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

 

c)      a principal contractor must be appointed for the building work and the requirements of the Home Building Act 1989 must be satisfied accordingly; and

 

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

 

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

 

38.     All soil and erosion control measures must be established prior to the commencement of any works and maintained until the completion of all works.  Periodic maintenance of the measures must be undertaken to ensure the measures remain effective. 

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

40.     A dilapidation report shall be prepared by a professional engineer or suitably qualified and experienced building surveyor at the developer’s cost,  and submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site within the zone of influence (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

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

Construction Site Management Plan

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

 

·          location and construction of protective site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

·          Details of re-use, recycling and disposal of waste materials

·          Date the demolition works will commence

 

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

 

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

Notes

 

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

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

 

Construction Noise & Vibration Management Plan

43.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Environment Protection Authority (EPA) 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 EPA Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)      A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

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

 

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

 

Public Liability

44.     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.

 

Construction Traffic Management

45.     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 Maroubra Road 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.

 

46.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to the 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 & Maritime Services, 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

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

47.     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

48.     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.

 

 

49.     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.

 

Landscape Plans

50.     Prior to the commencement of any works, the Certifying Authority/PCA, must ensure that the Landscape Plans by Lightbox Landscape Architects, DA.101-102, job no.078, issue A & B, dated 19.08.14, have been amended to include the following requirements:

 

a)       A minimum of 3 x 45 litre (pot size at the time of planting) evergreen trees that will assist with screening, privacy and separation between this site and adjoining properties to the south, must be provided in the area of deep soil at the rear, selecting species which will attain a minimum of 6 metres at height;

 

(These 3 trees must replace the 2 Frangipani’s that are currently shown in this area).

 

b)       The planting schedule must include plant quantities and pot sizes, along with any other additional details required in order to describe the works, such as soil, mulch, irrigation, edging, paving, fencing, surface finishes, retaining walls, lighting;

 

c)       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with details confirming compliance to be provided.

 

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

51.     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

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

 

·           Work Health and Safety Act 2011 & Regulations

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·          Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

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

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

 

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

 

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

 

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

 

 

Excavations, Back-filling & Retaining Walls

54.     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

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

 

Sediment & Erosion Control

56.     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

57.     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

58.     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

59.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with to the satisfaction of Council:

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

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

 

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

 

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

 

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

 

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

 

Site Signage

60.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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

 

Survey Requirements

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

 

·          prior to construction (pouring of concrete) of footings and boundary retaining structures,

·          prior to construction (pouring of concrete) of each floor slab,

·          upon completion of the building, prior to issuing an Occupation Certificate,

·          as otherwise may be required by the PCA.

 

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

 

Building Encroachments

63.     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

64.     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

65.     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

66.     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

67.     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.

 

68.     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 Management

69.     Approval is granted for removal of the following trees, subject to implementation of the approved landscape plans:

 

a)       The Cupressus species (Cedar) in the front yard, right in the northwest corner, as well as those shrubs along the western boundary, in front of the existing free-standing garage, as they are too small for Council’s LEP & DCP clauses, and are also in direct conflict with the new basement entry ramp in this same area as shown;

 

b)       The Persea amercianna (Avocado) in the rear yard, along the eastern boundary, just past the southeast corner of the existing dwelling, due to its direct conflict with all levels of the development;

 

c)       The Olea europaea (European Olive) to its south, in a raised rockery, as well as the shrubs/small trees to the west, centrally in the rear yard, being a Pittosporum undulatum (Native Daphne) and a Schefflera actinophylla (Umbrella Tree) for the same reasons listed above;

 

d)       Further to the south, in the highest, most southern terrace, the mature Eriobotrya japonica (Loquat) so as to accommodate the works and new landscape scheme for this area of open space.

 

e)       The Cupressus sempervirens (Italian Cypress) right in the southwest corner of the site to allow more desirable planting to be installed.

 

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

70.     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

71.     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

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

 

Sydney Water Certification

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

 

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

 

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

 

BASIX Requirements & Certification

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

 

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

 

Noise Control Requirements & Certification

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

 

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

 

76.     A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment and Heritage (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

 

 

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

a)     Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the premises to Council’s specifications and requirements.

b)     Construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

c)     Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

d)     Carry out a full depth, 1 metre wide, road construction in front of the kerb and gutter along the full site frontage, to Council’s specifications and requirements.

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

 

78.     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.

 

79.     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.

 

Service Authorities

Sydney Water Requirements

80.     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.

 

        Ausgrid

81.     The applicant shall meet the full cost for the overhead power lines and telecommunication cables located along the Maroubra Road site frontage to be relocated underground. The applicant shall liaise directly with the relevant service utility authorities to organise for the cables to be relocated. All cables most be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

Basement Carpark

82.     The PCA shall be satisfied that the required amendments to the basement carpark have been provided in accordance with the conditions of this consent and/or AS 2890.1:2004.

 

Stormwater Drainage

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

 

Notes:

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

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

 

84.     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).

 

 

85.     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.

 

86.     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 ground/seepage water 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

87.     Prior to issuing any type of 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 was inspected, and that it has been installed substantially in accordance with the Landscape Plans by Lightbox Landscape Architects, DA.101-102, job no.078, issue A & B, dated 19.08.14, as well as any relevant conditions of consent.

 

88.     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 an Occupation Certificate.

 

Waste Management

89.     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.

 

90.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Fire Safety Statements

91.     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.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

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

 

93.     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.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

94.     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).

 

USE OF COMMON AREAS AND FACILITIES

95.     Use of the roof top terraces must be limited to prevent disturbance to neighbouring residents:

·       8am to 10:00pm during weekdays and on Sundays.

·       7am to midnight on Saturdays and public holidays.

 

A strata subdivision certificate must not be issued in respect of a strata plan for the development unless it incorporates strata by-laws accordingly and an instrument under Section 88B of the Conveyancing Act 1919 that includes a restriction on use of the terrace areas as set out above.  The instrument under Section 88B cannot be varied without the approval of Council.  In addition, the by-laws and instrument referred to above must be registered prior to the issue of any occupation certificate for the development.

 

Environmental Amenity

96.     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.

 

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

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development.

 

Stormwater Detention/Infiltration System

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

 

Visitor Parking

99.     Car parking spaces shall be allocated according to the following requirement and marked accordingly.  Any future strata scheme must be consistent with this allocation.

 

·      At least 1 space per unit and 2 visitor spaces.  This must include two (2) adjacent spaces (preferably spaces 9 and 10) being altered into a combined accessible/visitor space and a motorcycle and marked accordingly.

 

Residential Parking Permits

100.   All prospective owners and tenants of the building must be notified that Council will not issue any residential parking permits to occupants/tenants of this development.

 

101.   A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that they are in a building which does not qualify for on-street resident parking permits.

 

Landscaping

102.   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.

 

103.   Ceiling fans must be provided in each main living room.  Details of compliance must be included in the construction certificate application to the satisfaction of the Certifying Authority prior to the construction certificate being issued.

 

Safety and Security

104.   Security grills/door are to be maintained at the basement entry.  Entry into the basement parking shall be controlled by intercom and remote locking.  Details shall be provided prior to obtaining a Construction Certificate to the satisfaction of the PCA.

 

105.   Entry into the main entry lobby shall be controlled by intercom and remote locking.  Details shall be provided prior to obtaining a Construction Certificate to the satisfaction of the Principal Certifying Authority.

 

106.   Illumination shall be provided for all building entries, lobbies, common pedestrian paths and hallways, car park and communal open spaces within the development.

 

107.   Low lying or downward facing lighting is to be provided along common pathways and at mailboxes.

 

108.   All outdoor illumination must be designed to minimise light overspill and nuisance to the surrounding areas and comply with AS 4282: Control of the Obtrusive Effects of Outdoor Lighting. 

 

109.   All gates are to be self-closing with latches or lockable.

 

110.   The street address shall not be conspicuously displayed at the Maroubra Road frontage, to the satisfaction of Council.  Signage shall be included at the main entrances to indicate unit number and / or locations.

 

Waste Management

111.   Each dwelling/unit shall consist of a temporary storage space (preferably under the kitchen sink) capable of holding a single’s day waste and that will enable source separation.  Details shall be provided to the satisfaction of the PCA prior to obtaining a Construction Certificate.

 

112.   The bin storage room must be ventilated and fire protected to meet the relevant BCA requirements; consist of lighting; hve a tap and hose; have a floor graded and drained to the sewer to the satisfaction of Sydney Water.  Details shall be provided to the satisfaction of the PCA prior to obtaining a Construction Certificate.

 

113.   Separate bins or storage areas shall be provided during works for materials to be reused, recycled and directed to landfill.  Details shall be provided to the satisfaction of the PCA prior to obtaining a Construction Certificate.

 

114.   A caretaker/or other responsible person must transport bins to and from the kerb side collection points immediately before and after collection, respectively.

 

115.   The caretaker/or other responsible person must maintain the bins, storage room and kerbside collection zones in a hygienic condition and ensure no bins overflow.  Any overflow must be cleaned up promptly. 

 

Water Efficiency

116.   Any water irrigation system shall be water efficient and may consist of:

 

·      Automated sub-soil drip system.

·      Soil moisture sensors.

·      Use of non-potable sources (e.g. rainwater).

 

Details shall be submitted to and approved by the Principal Certifying Authority prior to issuing a construction certificate.

 

Postal Services and Mailboxes

117.   Mailboxes shall be provided in accordance with the delivery requirements and guidelines of Australia Post.  Each mailbox must clearly mark the number of the dwelling that it serves.

 

Building Façade

118.   All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the front elevation of the building.

 

119.   No approval is granted under this application to the strata subdivision of the residential flat building development approved herein.  Where necessary, a separate application shall be submitted for the approval of Council.

 

120.   Where appropriate, excavated soils are to be used as backfill / landscaped area, or appropriately classified and sent to a waste management centre.  Details shall be provided in a waste management plan for demolition and construction wastes. 

 

Side Setbacks

121.   A fire protection statement must be submitted where windows are proposed on external walls of a residential flat building within 3m of the common boundaries.  The statement must outline design construction measures that will enable operation of the windows (where required) whilst still being capable of complying with the relevant provisions of the BCA.  Details shall be submitted to and approved by the Principal Certifying Authority prior to issuing a construction certificate.

 

122.   Each unit must consist of an internal dryer in the laundry.  Details of compliance must be included in the construction certificate application to the satisfaction of Council’s Director of City Planning prior to obtaining a Construction Certificate.

 

123.   All air conditioning units and the rainwater tank must meet the standard noise emission criteria of the NSW Environment Protection Authority (EPA) Noise Control Guidelines. 

 

The air conditioning plant and rainwater tank 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.

 

GENERAL ADVISORY NOTES

 

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $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.

 

A2      In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:

 

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

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

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

 

A3      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.

 

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      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.

 

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.

 

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      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.

 

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

 

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

 

A11    The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A12    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.

 

A13    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.

 

A14    An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A15    Preference should be given to providing low water consumption planting.

 

A16    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.

 

A17    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.

 

A18    Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

 

 

Attachment/s:

 

1.

Executive Report - 315 Maroubra Road, Maroubra

Included under separate cover

2.

DA Compliance Report - 315 Maroubra Road, Maroubra

Included under separate cover

 

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Director City Planning Report No. CP65/15

 

Subject:                  24 Mitchell Street, Chifley (DA/702/2015)

Folder No:               DA/702/2015

Author:                    Christopher Gorton, Assessment Officer      

 

Proposal:                 Application to legitimise the use of the existing outbuilding as a secondary dwelling (Variation to maximum floor area control for secondary dwellings)

Ward:                      South Ward

Applicant:               Vaughan Milligan Development Consulting Pty Ltd

Owner:                    Mr K Makrillos

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to Council for determination as the proposal a variation to the floor area standard in the State Environmental Planning Policy - Affordable Rental Housing by more than 10%.

 

1.       Proposal

 

The proposal seeks to legitimise the use of the existing outbuilding and garage as a secondary dwelling. A Clause 4.6 variation to the maximum floor area control for secondary dwellings has been submitted with the application.

 

In addition to the above, as per the BCA report submitted with the application, minor works will occur on a portion of the southern elevation ensuring that the secondary dwelling complies with the BCA with regards to fire separation.

 

Figure 1: Subject Site

 

Figure 2: Existing outbuilding and garage

 

2.       Site

             

The site is located on the western side of Mitchell Street, Chifley; the site is presently occupied by a single storey development with a swimming pool, garage and outbuilding to the rear of the site.

 

The site has a frontage to Lister Avenue of 13.7m and a total site area of 553.5m² (as per survey). The site has a depth of between 34.375m and 37.95m and is almost rectangular in shape. The topography of the site is relatively flat in nature.  

 

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Figure 3: Subject site (outlined in green)

 

Development in the locality is characterised by low density residential developments, with primarily single and two storey dwellings, semi-detached dwellings and attached dual occupancies.

 

3.       Submissions

 

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

 

4.       Key Issues

 

4.1.    State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009

The SEPP was introduced on 31 July 2009 to increase the supply and diversity of affordable rental and social housing in NSW. The SEPP was amended on 20 May 2011 to require new in-fill development; low rise development; boarding houses, and Housing NSW proposals to be subject to a local character test to ensure that developments are consistent with the design of the local area and the affordable housing component being provided as a percentage of the total floor space. The amendment does not change provisions for other types of accommodation such as granny flats, group homes and supportive accommodation.

 

This application has been submitted seeking consent under Division 2 of the SEPP: Affordable housing 2009 for Secondary dwellings and its provisions will not be affected by the abovementioned review. Under Division 2 the following clauses are relevant:

 

Clause 19 Definition

The proposed development falls within the scope of the definition of a secondary dwelling in that it entails development for the purposes of a secondary dwelling by use of a structure which is not an individual lot in a strata plan or community title scheme.

 

Clause 20 Land to which this division applies

This subject site is located on Zone R2 Low Density Residential identified under the SEPP Affordable Rental Housing 2009 and the development for the purposes of a secondary dwelling is permissible on the land.

 

Clause 21 Development to which Division applies

The proposed development for a secondary dwelling may be carried out with consent under this SEPP subject to Clause 22 below.

 

Clause 22   Development may be carried out with consent

Under Subclause 3(a) & (b) the following criteria apply:

 

(a)      the total floor area of the principal dwelling and the secondary dwelling must be no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

 

(b)     the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

The proposal complies with the LEP for dwelling houses with a combined floor space ratio of 0.30:1. The proposed floor area of the secondary dwelling does however exceeds the 60m² allowable in the SEPP for Affordable Housing, being 76m². An exception to the development standard has been lodged for consideration, see discussion 4.3 below.

 

Clause 23   Complying development

The proposed development is not complying development as defined under the SEPP as it forms part of the proposed development of the existing structures which are detailed in a Development Application.

 

Clause 24   No subdivision

The proposed development does not result in any subdivision of the lot on which development for the purposes of the secondary dwelling has been carried out under this Division.

 

4.2.    Exception to Development Standard

Clause 4.6 of the Randwick LEP 2012 details exceptions to development standards and includes objectives which seek to;

 

(a)      Provide an appropriate degree of flexibility in applying certain development standards to particular development.

(b)      Achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

 

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.

 

Development consent must not be granted for development that contravenes a development standard unless:

 

(a)      The consent authority is 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

 

(b)      the concurrence of the Director General has been obtained.

 

In deciding whether to grant concurrence, the Director General must consider:

(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, and

(c)      any other matters required to be taken into consideration by the Director General before granting concurrence.

 

The proposal contravenes the maximum floor area development standard as detailed in the SEPP – Affordable Rental Housing. The applicant has submitted a written request that seeks to justify the contravention of the standard pursuant to Clause 4.6 of the LEP.

 

The proposed variation is summarized in the table below:

 

 

Floor Area

Proposal

76m²

Development standard

60m²

Excess above or less than the standard

27% excess (16m²)

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?

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 underlying objectives of the FSR of buildings standard SEPP Affordable Housing are to control the visual bulk and scale of the secondary dwelling and to ensure that it is subservient to the principal dwelling house on the land.

 

The applicant’s written justifications state that the proposed will still meet the objectives of the development standard for the following reasons:

 

 

The applicant’s argument has merit and it is considered that the proposal is satisfactory and strict compliance with the floor area standard is unreasonable and unnecessary in the circumstances of the case for the following reasons:

 

The proposal seeks to legitimise the use of the existing outbuilding/garage as a secondary dwelling, there are no proposed external works which will result in an increase in visual bulk or change the exiting built form. The secondary dwelling will not result in any adverse impact upon the amenity of the adjoining residents with respect to overshadowing, loss of privacy or visual outlook as the physical structure is existing and the proposal relates to the change of use of the structure. The garage portion has existed since 1958 and the outbuilding addition to the rear has existed since before 1984.

 

It therefore cannot be argued that concurrence to this variation is in conflict with the objectives of the standard as the resultant floor area will not result in any unreasonable impact to the amenity of the local residents because the floor area of the secondary dwelling remains consistent with the existing and adjoining buildings and satisfies the objectives in the FSR in the RLEP standard in that the size and scale of the development is compatible with the desired future character of the locality. The very low floor space ratio achieved on the site also demonstrates that the size of the secondary dwelling is appropriate to the proportions of the site and will remain subservient to the principal dwelling house on the site.

 

Based on the above assessment, it is considered that allowing for a departure from the floor area standard would not result in any unreasonable amenity impacts on the adjoining properties.

 

The proposal in its current form will be in the public interest as it will remain consistent with the objectives of the floor area standard and the zoning objectives.

 

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

The proposal will not result in any change in built form on site; there will be no reduction in available landscaped area or increase in site coverage. The proposal achieves the planning objectives for the locality and will continue to fit in with the scale and character of development in the immediate context.

 

The applicant’s written request has 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 consistent with the objectives of the FSR standard. 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 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.

 

It is considered that the proposed development is consistent with the objectives that are relevant because it is sympathetic to the existing residential environment and built form and would have an acceptable impact on the amenity of residents and is compatible with the desired future character of the locality.

 

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 R2 – Low Density Residential.

 

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.

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 height of buildings in clause 4.3 of RLEP 2012.

 

Variation from the adherence to the floor area 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 low density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

The proposed development satisfies 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 considered to be well founded and is supported.

 

4.3.    Unauthorised Use

The works were notified to council by a tenant of the unauthorised secondary dwelling who had concerns with regards to pool safety, upon inspection of the site and further research it was shown that there was no approval granted by Council to convert the garage/outbuilding into a secondary dwelling.

 

As such the subject site was referred to council’s Building Regulatory and Compliance section and a notice/order to submit a DA for approval of the use of the area as a secondary dwelling was issued.

 

As retrospective approval cannot be given for any building works completed, an appropriate condition has been included in the development consent granting approval for the use of the subject development but not for any building works already completed.

 

4.4.    RDCP 2013 – Parking

Part B7 of the RDCP 2013 states that dwelling houses with up to 2 spaces should provide one off street car space and three or more bedrooms should provide two off street car spaces. The subject dwelling contains two bedrooms and as such is required to provide one off street car space. The use of the garage as a secondary dwelling will result in a loss of one off street car space, however, the existing driveway meets the minimum dimension requirements to be utilised as a car space and will allow the subject site to satisfactorily meet the parking requirements outlined in the RDCP 2013. The proposal is considered 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

 

The proposed secondary dwelling and alterations to the existing swimming pool will not result in any adverse impact upon the amenity of the adjoining properties and will satisfy the relevant objectives in the Randwick Local Environmental Plan 2012 and the Randwick Development Control Plan – Low Density Residential

 

 

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 the Floor Area Standard as detailed in the   State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009 on the grounds that the proposed development complies with the objectives of the above RLEP 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/702/2015 to legitimise the use of the existing outbuilding as a secondary dwelling, at No. 24 Mitchell Street, Chifley, 2036, subject to the standard conditions contained in the development application compliance report attached to this report:

 

 

Attachment/s:

 

1.

DA Compliance Report - DA/702/2015 - 24 Mitchell Street, Chifley

Included under separate cover

 

 

 


Ordinary Council                                                                                                 24 November 2015

 

RCC LOGO_Stacked_BLUE SPOT_RGB 

Director City Planning Report No. CP66/15

 

 

Subject:                  131 Mount Street, Coogee (DA/266/2015)

Folder No:               DA/266/2015

Author:                    Planning Ingenuity, Pty Ltd     

 

Proposal:                 Demolition of the existing dwelling house and construction of a four storey residential flat building comprising of six dwellings and basement car park for 7 vehicles, associated site and landscape works

Ward:                      East Ward

Applicant:               Bureau SRH

Owner:                    Mr G D V Waddell & Mrs S J Waddell

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application has been assessed by an external planning consultant and referred to Planning Committee for determination as the application is the subject of an objection from a Council employee.

 

Proposal

 

It is proposed to demolish all existing structures on the site and construct a new four storey residential flat building comprising the following:

 

·  Basement level: parking for seven cars, two motorcycles and bicycles, bin store room, services, lift core and stair access to levels above, landscaped common open space area including clothes drying at the rear. Due to the site fall the rear of the basement sits effectively at natural ground level;

·  Ground floor: common access to building, 1 x 1 bedroom unit and 1 x 2 bedroom unit oriented to front and rear of the site;

·  First floor: 1 x 1 bedroom unit and 1 x 2 bedroom unit oriented to front and rear of the site;

·  Second floor: 1 x 2 bedroom unit and the lower level of 1 x 2 bedroom unit (Unit 5 living areas, bedroom and bathrooms)

·  Third floor: upper level (bedroom and ensuite) and private open space of Unit 5.

 

Strata subdivision of the completed building is proposed.

 

Site

 

The site is located at 131 Mount Street, Coogee which is legally described as Lots 1 and 2 in DP 1096453. The site is a regular shape with a site area of 539.2m2, with a frontage to Mount Street of 13.48m and side boundaries of 40m.

 

There is currently a part one/two storey brick and tile dwelling on the site with driveway access to the rear of the site along the northern boundary (Figure 1). The land slopes from Mount Street to the rear boundary with a fall of approximately 4m in total.

 

Adjoining properties consist of a two storey dwelling and detached garage to the north at No. 48 Dudley Street, older style three and four storey residential flat buildings to the north along Dudley Street (Figure 2), semi-detached dwellings to the south (Figure 3), and predominantly two storey dwellings to the west on the opposite side of Mount Street (Figure 4).

 

Figure 1: Existing development at No. 131 Mount Street

Figure 2: Adjoining development at No. 48 and No. 52 Dudley Street

Figure 3: Adjoining development at No. 133 Mount Street

Figure 4: Development opposite the site on Mount Street

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. Amended plans were re-notified until 24 August 2015. Submissions were received from the following properties as a result of the notification periods:

 

·              126 Mount Street, Coogee

·              127 Mount Street, Coogee

·              128 Mount Street, Coogee

·              132 Mount Street, Coogee

·              133 Mount Street, Coogee

·              135 Mount Street, Coogee

·              1/137 Mount Street, Coogee

·              1/141 Mount Street, Coogee

·              2/145 Mount Street, Coogee

·              147A Mount Street, Coogee

·              149 Mount Street, Coogee

·              2/23 Dudley Street, Coogee

·              29 Dudley Street, Coogee

·              5/33 Dudley Street, Coogee

·              6/33 Dudley Street, Coogee

·              3/52 Dudley Street, Coogee written by Wallercorp

·              4/58-60 Dudley Street, Coogee

·              7/58-60 Dudley Street, Coogee

·              8/58-60 Dudley Street, Coogee

·              10/58-60 Dudley Street, Coogee

·              4 Bay Street, Coogee

·              183 Oberon Street, Coogee

·              1/143-145 Mount Street, Coogee

·              1/29 Dudley Street, Coogee

·              52 Dudley Street, Coogee

·              A resident

 

Issues

Comments

Insufficient parking

The DCP requires 8 spaces whereas the application proposes 7 spaces. Council’s Engineer has no objection to the 1 space parking deficiency in this instance provided the proposed surplus bicycle parking and motorbike parking are provided. Council will also not issue any residential parking permits to occupants/tenants of this development. Each unit will have one space and there will be one visitor space.

Bulk and scale of development

The proposal complies with the maximum height and density standards and the minimum front and rear setbacks for the site. The bulk and scale of the proposal is considered appropriate for the site.

Overshadowing

Refer to the discussion in Section 3 of this report.

Privacy impacts

There are a minimal number of windows to primary living areas on the sides of the building, and where provided, they are minimal in size. The proposal complies with the required setback to the rear boundary. The proposal is considered appropriate in terms of separation from adjoining properties and incorporates measures such as solid walls to the sides of balconies and timber screens to the common lobbies to reduce the potential for overlooking.

Safety of driveway location

Council’s Development Engineer has provided comment on the proposal, and has no objection to the proposed driveway location.

Acoustic impacts

The acoustic impacts of the proposal will be minimal as the number of primary living area windows on the side elevations is limited and balconies have solid walls to side boundaries. A condition has been included in the consent:

 

Permanent signage is to be erected (i) inside the property near the pedestrian entrance at Mount Street and (ii) at the exit from the building lobby requiring residents and visitors to minimise noise when entering and leaving the building. The signage is to be erected prior to the issue of any Occupation Certificate and is to be permanently affixed thereafter.

Landscaped area and deep soil area

The proposal provides the required amount of landscaped and deep soil areas required by the DCP.

Flooding

Council’s Development Engineer has provided comment on the proposal and advised that there are no obstructions in the rear yard that would hinder the overland flow path. Suitable conditions of consent have been included in the consent with regard to protection of the basement from overland flow during storm events.

Impact on streetscape/aesthetics and contemporary appearance

The proposal complies with the minimum front setback and the maximum height limit for the site. The proposal presents to the street and is not considered be incompatible with or to have an adverse impact on the streetscape.

Height

The overall height of the building complies with the maximum 12m height limit for the R3 zone. The proposal results in a minor variation to the external wall height control however this results in minimal impact and is considered to be acceptable.

Removal of vegetation

Council’s Landscape Officer has reviewed the plans and supports the proposal subject to conditions. The submitted Landscape Plans show a high level of detail which will result in a high quality landscape treatment of the site, and includes perimeter, evergreen screen planting and deciduous feature trees in both the front and rear setback, so as to allow solar access during the winter months, with conditions requiring that this scheme be fully implemented as part of any approval.

Enclosure of the car parking area

 

A condition has been included in the consent as follows:

 

The rear car parking area including the driveway is to be enclosed along the southern edge by a solid wall

extending the full height from floor-to-ceiling and the full length to the eastern end of the car parking area. Details of the design and materials to be used for the wall are to be submitted for approval prior to the

issue of a Construction Certificate.

 

Light spill from lobby

 

A condition has been included in the consent:

 

The internal common circulation areas and central lobby are to have a motion sensitive lighting system(s) installed in order that the internal common area lighting will operate only when in use after daylight hours and will automatically switch-off when not in use. The required lighting system(s) are to be in operation prior to the issue of an Occupation Certificate.

 

Height of boundary fence

The height of the boundary fence is 1.8m from the street boundary and increases to 2.5m in front of the entry to the proposed building. This height is considered appropriate given the relationship between the site and the adjoining southern neighbor.

 

Location of pedestrian path and security intercom

Pedestrian and vehicular access are required to be separated for safety reasons. The pedestrian entry is located on the southern side as council requested during the design phase of the development, prior to lodgment of this application.

Key Issues

 

The DCP provisions are structured into two components, Objectives and Controls. The Objectives provide the framework for assessment under each requirement and outline key outcomes that a development is expected to achieve. The controls contain both numerical standards and qualitative provisions. Any proposed variations from the DCP controls may be considered where the applicant successfully demonstrates that an alternative solution could result in a more desirable planning and urban design outcome. Hence, the consent authority must be flexible in its application and consider reasonable alternative solutions to achieve the objectives of the DCP Controls.

 

Parking

 

The DCP requires eight (8) parking spaces, and seven (7) are provided. The applicant submitted a Parking Study in support of the application demonstrating there is sufficient on-street parking available on Mount Street and surrounding streets.

Council’s Development Engineer has reviewed the study and provided the following comments:

 

The applicant has submitted a Traffic and Parking report by Thompson Stanbury and Associates which acknowledges the 1 space parking deficiency and attempts to justify the shortfall by undertaking a parking survey on the 13th July 2015 between 9:30am and 9:30pm. The survey indicates that the demand for on-street parking is high in the locality with limited availability of on-street parking. Notwithstanding there does appear to be sufficient availability of on-street parking within the surrounding street network to accommodate the minor 1 space deficiency.

 

To compensate for the 1 space parking deficiency the development proposes 2 motorbike spaces (none required under DCP) and 5 bicycle spaces (4 required under DCP) thereby providing a surplus in these aspects and providing a mix of transport options.

 

It is also acknowledged the site is close to public transport with bus stops serving routes to the City, Bondi Junction, Maroubra and Coogee beach all within 300m of the site on Oberon St to the south and Carr St to the north. 

 

In consideration of the above factors Development Engineering will not object to the minor 1 space parking deficiency in this instance provided the surplus bicycle parking and motorbike parking are provided. Council will also not issue any residential parking permits to occupants/tenants of this development.

 

The amended plans proposing five bicycle spaces,  two motorbike spaces and seven car parking spaces is supported. The deficiency of one car space is not sufficient to warranty refusal of the application.

 

External wall height

 

The DCP states that where the site is subject to a 12m building height limit under the LEP, the maximum external wall height is 10.5m. The proposal complies with the 12m height limit, but as can be seen in the figure below, parts of the upper floor breach the 10.5m limit, with the maximum external wall height being 11.3m. In volumetric terms the height variation affects a small area of the building, and the proposal does comply with the maximum 12m height limit.

 

Figure 9: Cross section showing areas of external wall height non-compliance

 

The objectives of the wall height control are:

 

-    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.

 

Despite the minor breach of 0.8m, the overall height of the building complies with the maximum 12m height limit. The proposal meets the objectives of the control by:

 

-    Providing an interesting roof form at the front and side elevations, which is contemporary but compatible with the streetscape. The design also incorporates a variety of building materials and an articulated façade to Mount Street, and

-    The minimum ceiling meets the 2.7m DCP control and meets the RFDC solar and cross ventilation guidelines.

 

With respect to the bulk and scale of the development:

 

-    The development is appropriate for the site as it complies with the maximum height and floor space controls, and meets the required side and rear setback controls and therefore is consistent with what could be reasonably expected under the LEP.

-    The extent of overshadowing is dependent on the overall height of the building as opposed to the non-compliance with the external wall height. This issue is discussed later in this section of the report.

-    The proposed encroachment into the maximum wall height is considered to be minor and will not substantially change the appearance of the proposal in a way that will affect the desired future character of the locality.

-    The proposed non-compliant portion is related to a small volume of the upper level and has been minimised as far as practical.

-    In terms of the site’s suitability for the proposed wall height, the absence of any significant demonstrable amenity related impacts (as outlined below), the close proximity to public transport services and close positioning to local services and facilities support the site’s suitability for the proposed development.

-    It is considered that the proposal responds appropriately to the site (given the slope towards the rear) and creates impacts that could be expected of the applicable planning controls.

-    As demonstrated in shadow studies provided by the applicant, the minor variation to the wall height maximum does not provide for any significant difference to shadow impacts. The shadow cast on the adjoining property to the south would be cast similarly by a compliant building.

-    The proposed height non-compliance does not have any implications in terms of privacy given that the southern elevation of the building is “blank wall” at Unit 5 and there are only two small windows to Unit 6 to a bedroom and a dining area.

 

The proposed development is therefore consistent with the objectives for the wall height control, despite the non-compliance, and is supported given the compliance with the height limit and the absence of amenity related impacts.

 

Retaining walls

 

The DCP states that where it is necessary to construct retaining walls at less than 900mm from the side or rear boundary due to site conditions, retaining walls must be stepped with each section not exceeding a maximum height of 2200mm, as measured from the ground level (existing). In this case, the retaining walls may be incorporated as part of the boundary fence.

 

Part of the northern wall of the proposed carpark is built on the boundary and is between 2m and 2.6m high as the land slopes to the rear of the site. The wall is required to be constructed in this location and to this height to comply with the relevant Australian Standard for vehicular access and parking.

 

The objectives of the control are:

 

-    To maintain or to minimise change to the natural ground levels.

-    To ensure excavation and backfilling of a site do not result in unreasonable structural, visual, overshadowing and privacy impacts on the adjoining properties.

-    To enable the provision of usable communal or private open space with adequate gradient.

-    To ensure earthworks do not result in adverse stormwater impacts on the adjoining properties.

 

The photo below shows the relationship between the site, the location of the carpark wall on the boundary and the adjoining development. Despite the numerical non-compliance, the proposal meets the objectives listed above in that:

 

-    Excavation is minimised through the provision of a part basement/part open car park arrangement;

-    there will be no adverse visual impact on the adjoining properties as the ground floor of the adjoining flat buildings are garages and parking areas with a driveway along the southern boundary;

-    the proposed method of stormwater management is supported by council’s Development Engineer.

 

Boundary and proposed location of carpark wall

Figure 10: Northern site boundary and adjoining development

 

 

Overshadowing

 

The Randwick DCP contains controls for solar access to neighbouring properties. The objectives for the controls are:

 

·        To ensure the design, orientation and siting of development maximises solar access to the living areas of dwellings and open spaces, and is encouraged to all other areas of the development.

·        To ensure development retains reasonable levels of solar access to the neighbouring properties and the public domain.

·        To provide adequate ambient lighting and minimise the need for artificial lighting during daylight hours.

 

The applicant has provided a shadow study indicating the extent of existing and proposed shadowing on an hourly basis for the September equinox and mid-winter. The plans have been provided in plan and elevation view and are attached to this report. The shadow analysis includes recently approved alterations and additions to 133 Mount Street under DA460/2015 which are currently under construction. The analysis compares the shadow impacts of the existing development on the subject site, the proposed development and a Complying Development dwelling house scenario on the site, on the adjoining property at 133 Mount Street. The analysis considers the development prior to the approval under DA460/2015 and the approved additions at the rear of the dwelling between 8am and 11am mid-winter.

 

The compliance of the proposal with each control is addressed below.

 

Control: Living areas of neighbouring dwellings must receive a minimum of 3 hours access to direct sunlight to a part of a window between 8am and 4pm on 21 June.

 

Comment

 

In terms of assessing the reasonableness of the proposed shadows it is necessary to assess what area of the adjoining building is affected by the proposal, the extent of the impact, whether the impact is a result of non-compliance with relevant planning controls and whether the design is reasonable in light of these factors. Shadow comparisons are included at Attachment A.

 

What area of the adjoining building is affected by the proposal?

 

All north facing windows of the adjoining dwelling are affected by the proposal during mid-winter. The majority of windows to No. 133 Mount Street along its northern elevation are already significantly impacted by shadow from existing development to the north.

No. 133 Mount Street has recently obtained approval for alterations and additions to the rear and which includes a roofed and largely enclosed rear deck. Works have commenced. This enclosed structure removes the opportunity for direct solar access to the rear glass-line of the

lower ground floor of the dwelling and to the deck itself other than perhaps some filtered light that may enter the enclosed deck through proposed vertical louvres along the northern side. The inclusion of an extended facia along the northern section of the enclosure further reduces solar access.

 

There are 2 “skylights” included in the central area of the deck roof however these would not allow direct sunlight into the rear windows. It is noted that in any case, the rear window/door at No. 133 received only 18 minutes of direct sunlight in the existing situation. 

 

What is the extent of the impact?

 

The shadow study provided by the applicant demonstrates the adjoining dwelling at 133 Mount Street currently (excluding the approved rear addition) receives solar access to the northern elevation to an upper level kitchen window between 9am and 3pm, part of a living room at 9am and 10am and the very upper part of that same living room bathroom and bedroom windows between 10am and 3pm. The eastern elevation to No. 133 receives 18 minutes of solar access to the ground levels door/window between 8am and 11am mid-winter.

 

The proposal will result in the northern elevation being in shadow throughout the day in mid-winter. The eastern elevation will retain 18 minutes of direct sunlight ie. no change from the existing situation.

 

When taking into account the approved downstairs deck to No. 133 (which is under construction), the shadow diagrams show that the existing situation is that 112 minutes of direct solar access is available at mid-winter. The proposed development will result in a slight reduction in the solar access to this deck, to 91 minutes. Note, at the Equinox there is no change between the existing situation and proposed development.

 

Despite this, the amount of direct sunlight available to their private open space in mid-winter complies with the DCP control, with more than 50% receiving 3 hours of sunlight.

 

Is the impact a result of a non-compliance with a planning control?

 

No. The only non-compliant portion of the proposal (relevant to the issue of overshadowing) is the external wall height of the proposal (discussed previously in this report), however the overall height of the proposal complies with the 12m height limit. Therefore, there are no aspects of the proposed building that do not comply with the DCP or LEP that affect solar access to No. 133 Mount Street.

 

Is the design reasonable in light of these factors?

 

In the context of the planning controls applicable to the subject site, the proposal complies with the maximum height of 12m at an FSR of 0.9:1.  To justify the degree of overshadowing, mid-winter shadow diagrams based on three scenarios for development on the site, compared to the existing development and approved development on 133 mount Street, were provided by the applicant:

 

·       Shadow cast by existing building on the subject site;

·       Shadow cast by the proposed development; and

·       Shadow cast by a complying development scheme.

 

Based on the shadow studies, the proposed development reduces the amount of sunlight received by 133 Mount Street on its northern elevation however this impact would arise from a “CDC dwelling scenario”. The degree of shadow on the northern elevation is essentially a product of site orientation and the planning controls that apply. It is noted that the development to the north of the subject site has a similar overshadowing impact on the subject site due to orientation.

 

The applicant also provided shadow diagrams based on a scenario of removing two floors at the rear and one floor at the front of the proposed building (Scenario B on drawing DA-404 Revision B – see attachment to this report). The extent of changes required to maintain existing levels of solar access are so drastic and are considered unreasonable give the planning controls that apply to the site under the zoning of the land.

 

In terms of the rear eastern elevation of No. 133 (as per the approved alterations with deck), there is a reduction of 21 minutes when the proposed development is assessed against the existing situation.

 

The Planning Principle established in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 is relevant. In light of that Planning Principle:

 

·       The level of impact is reasonable when considering the density of development encouraged by the planning controls and that the proposal complies with the core development standards;

·       The amount of sunlight retained in the private open space landscaped area must be considered, in that more than 50% of the area receives at least 3 hours of direct sunlight between 10am and 1pm;

·       The degree of overshadowing does not arise out of poor design as evidenced by the fact that the impact is the same as a fully compliant scheme and in fact a CDC scheme. The proposal complies with rear and side setbacks under Randwick DCP 2013 and therefore the degree of shadow could be reasonably expected. The applicant has tested alternative built form options on the site to understand the potential for minimising impact. Increases in the rear setback of the building and reductions of height at the south-eastern corner were shown to have negligible benefit;

·       The site has a long east-west axis with the inevitable result that the built form will be east-west along the site and will result in overshadowing to properties to the south;

·       Compliance with the control would require a single storey building at the rear which is inconsistent with the type of development encouraged by the zoning and built form controls that apply to the site.

As noted by Roseth SC in Parsonage v Ku-ring-gai [2004] NSWLEC 347 in an urban context, the ease with which sunlight access can be protected is inversely proportional to the density of development. At higher densities sunlight is harder to protect and the claim to retain it is not as strong. The impact on a neighbour’s sunlight must be assessed in the context of the reasonable development expectations of the proposal and the constraints imposed by the topography and the subdivision pattern. This is especially pertinent given the density and height of development allowable on the subject site.

 

The subject site is within a medium density urban locality, where allotments are oriented east-west and is subject to planning controls that encourage apartment development. In this context, it is considered that the degree of overshadowing is reasonable.

 

Control: At least 50% of the landscaped areas of neighbouring dwellings must receive a minimum of 3 hours of direct sunlight to a part of a window between 8am and 4pm on 21 June.

 

The shadow diagrams below demonstrate compliance with this control. At least 50% of the landscaped area in the rear yard of the adjoining property at 133 Mount Street receives direct sunlight between 10am and 1pm.

 

Figure 10: 10am mid winter shadows

 

Figure 11: 1pm mid winter shadows

 

It is noted that the area of private open space immediately adjoining the rear of No. 133 is not the area that is most benefited by solar access however as discussed above, the recently approved deck (which is under construction) is covered and negates the opportunity for significant solar penetration in any case. The “angle of shadow” cast is also a product of the subject site having a shorter depth that No. 133 ie. conceivably, development of No. 133 could extend further to the rear boundary.  

 

Control: Where existing development currently receives less sunlight than this requirement, the new development is not to reduce this further.

 

Based on the foregoing, it is concluded that there is a variation to the DCP requirement in that the north facing windows on No. 133 are affected by a reduction in solar access at mid-winter and the east facing window at ground level will see a reduction of 18 minutes solar access at mid-winter. Notwithstanding, given that the reduction in sunlight cannot be attributed to non-compliance with the applicable planning controls and that the adjoining land to the south is burdened by the east-west subdivision pattern and the fact that the subject site is shorter in depth that No. 133, the level of shadow cast is considered to be reasonable. This is confirmed by the fact that a “CDC dwelling scenario” would cause a similar degree of overshadowing.    

 

Note, the foregoing assessment concentrates on No. 133 Mount Street given that this is the immediately adjoining property and most significantly affected by the proposal. The owner of No. 135 Mount Street has also raised concern regarding overshadowing, including the impact of the proposal on recently installed skylights on the roof. The shadow diagrams show that the proposal will not result in additional overshadowing on the roof of No. 135. In terms of shadow impact on the east face of that dwelling, it is noted that the recent approval of additions to No. 133 would have some impact on the northern part of this elevation in any case and again that there is no difference between the proposal and a “CDC envelope scenario”. Accordingly, shadow impacts on that property are also considered to be acceptable.  

 

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 of the R3 Medium Density Residential zone and the maximum building height and density standards of the LEP. The proposal generally complies with the DCP controls and where it does not, the variations are considered to be acceptable on merit.

 

The proposal will not result in detrimental social or economic impacts on the locality.

 

Recommendation

 

A.     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/266/2015 for Demolition of the existing dwelling house and construction of a four storey residential flat building comprising of six dwellings and basement car park for 7 vehicles, associated site and landscape works, at No. 131 Mount 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)      The rear car parking area including the driveway is to be enclosed along the southern edge by a solid wall extending the full height from floor-to-ceiling and the full length to the eastern end of the car parking area. Details of the design and materials to be used for the wall are to be submitted for approval prior to the issue of a Construction Certificate.

b)      The south facing dining room window of Unit 6 must have obscure glazing up to a height of 1.5m.

c)      Bin enclosures / rooms must be ventilated, fire protected, drained to the sewerage system and have lighting and water supply.

d)      A mailbox must clearly mark the street number of the dwelling that it serves.

e)      Provide adequate lighting for personal safety in common and access areas of the development.

f)      Provide illumination for all building entries, pedestrian paths and communal open space within the development.

g)      Storage facilities may be provided in basement or sub floor areas, or attached to garages. Where basement storage is provided, it should not compromise any natural ventilation in the car park, reduce sight lines or obstruct pedestrian access to the parked vehicles.

h)      Provide a retractable or demountable clothes line in the courtyard of each dwelling unit.

 

 

Attachment/s:

 

1.

DA Compliance Report - 131 Mount Street, Coogee

Included under separate cover

 

 

 


Ordinary Council                                                                                                 24 November 2015

 

RCC LOGO_Stacked_COLOUR_RGB

 

Director City Planning Report No. CP67/15

 

Subject:                  263-269 Clovelly Road, Clovelly (DA/566/2014/A)

Folder No:               DA/566/2014/A

Author:                    Jonathan Blackmore, Environmental Planning Officer     

 

Proposal:                 S96 for a modification of the approved development for a change of use of the approved training room of the child care centre to a caretakers unit, retention of the existing rock wall and removal of the approved basement store area.

Ward:                      North Ward

Applicant:               HNL Properties Pty Ltd

Owner:                    HNL Properties Pty Ltd

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan


 

 

Development Application Executive Summary Report

 

The application is referred to the Council for determination as the original application was determined by the Council.

 

Proposal

 

The applicant seeks to modify conditions 1, 28, and 39, and delete condition 20 of the original approval for a child care centre.

 

The modification of condition 1 “Approved Plans and Supporting Documentation” is proposed due to the following proposed design changes:

 

·      At level 1 it is proposed to convert a staff amenities area to a caretakers unit with a 12m2 open courtyard provided for the benefit of the users. 

·      At ground floor level in the front south east corner, a new entrance, stair and lift access to the caretakers unit is to be provided. 

·      A proposed basement storage area in the rear north eastern corner of the site is to be deleted.

·      The existing rock wall at the rear (northern end) of the site is to be retained rather than demolished and changes are proposed to fire stairs in the north east and north west corners of the building.

·      An increase in the height of the glass rooftop balustrades from 1.4m to 1.8m, to satisfy “safe and suitable” heights for child care facilities.

 

The deletion of condition 20 relating to the removal of the rock wall is proposed due to the proposed retention of the rock wall.

 

The modification of condition 28 “Construction Noise & Vibration Management Plan” is proposed due to the proposed retention of the rock wall and the need to remove reference to “rock excavation machinery” from the original condition.

 

The proposed modification of condition 39 “Restriction on Working Hours” is also proposed due to the proposed retention of the rock wall and the need to remove reference to “excavating of rock” from the original condition.

 

Note: Conditions relating to kitchen facilities, hours of operation and deliveries will also need to be amended to reflect the proposed addition of the residential unit.

 

Site

 

The subject site is located on the north-western corner of Clovelly Road and Knox Street. Both streets feature two traffic lanes, on-street parking, some grassed nature strips and street trees. Knox Road slopes up to the north of Clovelly Road and is subsequently raised relative to all but the front of the subject site. Susan Lane is a reasonably narrow laneway that borders the rear (north) of the site and is accessed off Knox Street and nearby Fewings Street. Susan Lane is significantly elevated above the subject site.   

Figure 1. The subject site and building (centre) pictured from Clovelly Road.

 

The surrounding area is predominately low density residential with a combination of detached and semi-detached dwellings within the surrounding area.  

 

The subject site is occupied by the former Kings Cinema built in 1939, and owned and occupied until recently by the Clovelly RSL and Air Force Club.  The building has a largely original exterior but most of its interior has been extensively modified with only scattered ceiling detailing remaining, as well as its stage and the two-storey high space of the main cinema hall. The building is listed as a heritage item under the Randwick LEP 2012.

 

Paved service areas are located within the north and west of the site, between the cinema building and an existing rock wall on the northern and western boundaries. 

 

Section 96 Assessment

 

Under the provisions of Section 96 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 have been complied with:

 

1.     Substantially the Same Development

 

The modification to the approved development does not alter the nature of the approved development and for the purposes of legislative requirements under Section 96(2)(a) of the Environmental Planning and Assessment Act 1979 it is considered that the application remains substantially within scope of the original development. The proposed caretaker’s unit fits within the LEP 2012 definition of a child care centre (which is the approved use). No changes are proposed to the approved floor space ratio, operating hours, staff numbers, number of children and car parking rates. 

 

2.     Notification and 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:

 

·          271 Clovelly Road

 

Issues

Comments

The caretaker unit could increase demand for on-street parking.

 

 

Noise impacts of the caretakers unit after 6pm – caretaker could entertain guests or have more people stay over.

It is proposed for the caretaker to also be a staff member negating any additional parking demand. One of the seven on-site parking spaces can be allocated to the caretaker.

 

The site is zoned Low Density Residential. Residential accommodation (of a comparable intensity of use to the proposed caretaker unit) is an excepted outcome for the zone. General noise impact on residential amenity of the adjoining sites is likely to be less than the RSL or cinema complex which originally occupied the site. 

 

·          38 Knox Street

 

Issues

Comments

The caretaker unit could increase demand for on-street parking.

 

 

Noise impacts of the caretakers unit after 6pm – no restrictions on tenant and noise could project due to elevated position of unit.

It is proposed for the caretaker to also be a staff member negating any additional parking demand. One of the seven on-site parking spaces can be allocated to the caretaker.

 

The site is zoned Low Density Residential. Residential accommodation (of a comparable intensity of use to the proposed caretaker unit) is an excepted outcome for the zone. General noise impacts on the residential amenity of adjoining sites is likely to be less than the RSL or cinema complex uses which originally occupied the site. The submitters property is approximately 110m to the north-west of the proposed caretakers unit and due to contour changes it is approximately 12m higher than the roof of the proposed caretakers unit. The submitter’s property is therefore not lower than the proposed caretakers unit and is over 100m away. Many other residential units are between the subject site and the submitter’s site.

 

Section 79C Assessment - Key Issues

 

Floor Space Ratio

 

The proposed external courtyard/terrace to the caretakers unit will add additional floor area to create a floor area of 1209m2 or a ratio of 1.16:1. This is an increase above the approved floor space ratio of 1.15:1, but still below the floor space ratio of the existing building which is 1.18:1.  The location of the courtyard and the original proposal is shown in fig. 2 and fig. 3 below.

     

Figure 2. The proposed upper-level floor plan shows the proposed courtyard (centre of image). This can be compared to the originally approved plan (below).

 

Figure 3. The originally approved upper-level floor plan

The proposed courtyard will be over an area originally proposed to be outdoor play area. It will therefore not increase the proposed built form and will not enable additional children to be accommodated within the child care centre. The courtyard area is considered to contribute to the floor space ratio as it is proposed to be an enclosed terrace area and not an outdoor play area like that originally approved in its location (in terms of the LEP 2012 definition of gross floor area). Further, additional parking demand cannot be directly attributed to the additional floor area resulting from the courtyard.

Therefore, the proposed additional floor area will be generally indiscernible from what was originally approved and will not result in any significant adverse impacts on the character and amenity of surrounding area.

It is noted a clause 4.6 exemption is not applicable to a Section 96 modification.

 

Building Design of Child Care Centre – Sub-section 3.1 Part D11 of DCP 2013

The relevant building design controls of the DCP 2013 require the external built form to generally reflect a dwelling house when located in an R2 Low density Residential zone. The proposal generally preserves the approved external built form of the child care centre and further assessment of the approved bulk is not required. A small height increase of the proposed upper level balustrades from the approved 1.4m to 1.8m is proposed.  This change is required to provide a “safe and suitable” balustrade for the safety of children playing within the outdoor play area. The balustrade around the proposed caretakers courtyard is proposed to be 1.6m high frosted glass to preserve the privacy of adjoining residential sites. The proposed height increase will be to a visually permeable element of the building and the proposed height increase will not increase the overall building height beyond what was already approved and what is existing on the site. As shown in fig. 4 below, other parts approved parts of the building will be higher than the proposed balustrades and the balustrades will therefore not obstruct views or increase dominance relative to any nearby site and the streetscape.

 

Figure 4. Proposed eastern elevation showing the proposed 1.8m high glass balustrades to the upper levels of the building (1.4m high balustrades to original approval). The balustrades do not raised the overall height of the building.

 

The height increase would therefore be indiscernible when viewed from the surrounding area. It is therefore considered that the proposed amendment will preserve the amenity of the surrounding area and will not be inconsistent with the relevant objectives and policies of the RCDCP 2013.     

 

Acoustic Amenity and Privacy – Sub-section 4.1 Part D11 of DCP 2013

The proposed upper-level courtyard for the caretakers unit (refer fig. 2 above) is to feature 1.6m high frosted glass balustrades. These balustrades will provide effective screening to prevent overlooking of the neighbouring private open space of the site to the west (being 271 Clovelly Road) and will also provide a level of acoustic screening. 

 

The site is zoned Low Density Residential. Residential accommodation (of a comparable intensity of use to the proposed caretaker unit) is an excepted outcome for the zone.  The general intensity of use of the caretaker is likely to result in no further impacts on the residential amenity of adjoining sites when compared to the RSL or cinema complex uses which originally occupied the site. Further, the caretakers unit is to be over 3m away from the site’s eastern boundary and, due to its elevated position relative to the adjoining dwelling to the east, windows within the caretakers unit will not align with windows of the adjoining dwelling, but will only allow for overlooking of its roof. 

 

It is therefore considered that the proposed amendment will comply with Sub-section 4.1 of the RCDCP 2013.     

 

Heritage Impacts

 

The following comments about the proposal were provided by Council’s Heritage Planner:

 

The Site

The site is prominently located on the corner of Clovelly Road and Knox Street and is occupied by the former Kings cinema built in 1939, and owned and occupied until recently by the Clovelly RSL and Air Force Club.  The building has a largely intact exterior. Most of its interior has been extensively modified with only scattered ceiling detailing remaining, as well as the stage and the two storey high space of the main cinema hall.

 

Heritage Status and Significance

The building is listed as a heritage item under Randwick LEP 2012. The heritage inventory form for the item describes it as “one of the few remaining examples of Inter War Art Deco style architecture surviving in the Sydney Region”.  The Statement of Significance provided in the Conservation Management Plan for the building prepared by Clive Lucas Stapleton and Partners in 2002 notes that “the Clovelly RSL and Air Force Club is the last built and one of the very few surviving Kings Theatres, a Sydney chain which was part of the boom period of cinema building in New South Wales.  It is one of few surviving works of Guy Crick and Bruce Furse whose work is very influential in Australian Cinema design.  Although altered and internally greatly remodelled, in its setting it is a fair example of cinema architecture of the 1930s. It is socially important as the home of the Clovelly RSL and Air Force Club.

 

Background

The original proposal was for the conversion of the existing former cinema and club building in to a childcare centre involving major modifications to its interiors and addition of a second floor level for offices and outdoor play areas.  The proposal included demolition of the majority of internal spaces to the rear on both existing levels including the stage, and creation of a light well from the roof to the ground floor. It also included some conservation works, reinstatement of original cinema glazed entry doors, removal of the later stone cladding on the Clovelly Road ground floor elevation, and reinstatement of the original vertical sign blade. The only surviving internal space, the former dress circle and its ceiling is be retained and maintained in its original form.  Heritage comments on the proposal were provided by City Plan Heritage. 

 

Proposal

The current application proposes changes at ground floor, level 1 and level 2.  At level 1 it is proposed to convert a staff amenities area to a caretakers unit with a 12m2 open courtyard provided for the benefit of the users.  At ground floor level in the front south east corner, a new entrance, stair and lift access to the caretakers unit is to be provided.  A proposed basement storage area in the rear north eastern corner of the site is to be deleted.  The existing rock wall at the rear (northern end) of the site is to be retained rather than demolished and changes are proposed to fire stairs in the north east and north west corners of the building. 

 

Submission

The original application was accompanied by a copy of the Conservation Management Plan, prepared by Clive Lucas Stapleton and Partners in 2002 and a Heritage Impact Statement, prepared by Janine Harkness of Phoenix Architects.  The current application has been accompanied by a Statement of Environmental Effects which does not address heritage issues and therefore does not facilitate the heritage assessment of the application. 

 

Comments

In relation to the original proposal, it was considered that the proposed works would not visually dominate, compete with, or conceal the original form and massing of the former Kings cinema building.  Concerns were raised that the demolition works on the ground floor in particular removal of the stage itself, would diminish the understanding of the former cinema hall.  Consent conditions were included in relation to retention of the main stage area, and conservation management including preparation of a Schedule of Conservation Works, Archival Recording, nomination of a heritage consultant and updating of the CMP. 

 

Basement storage area

The deletion of the proposed basement storage area will facilitate the required retention of the original stage area (not clearly indicated in section d–d).  The sections do however indicate the retention of the existing ground floor structure and subfloor area, increasing the proportion of original building fabric to be retained. 

 

Retention of rock wall

The retention of the existing sandstone cutting, which relates to the Green Brothers quarry operating on the site prior to the construction of the cinema, will assist in retention of layers of history on the site.  The retention of this landscape element will also improve the outlook from the proposed subterranean play areas, as compared to the 6m high concrete wall previously proposed. 

 

Changes to stair configuration

In the north east corner of the site, a new stair is proposed between an unknown access point and the right of way.  In the north west corner of the site, the existing stair which connections the subterranean levels to Knox Street is to be reconfigured.  No original heritage elements, other than the sandstone cutting, remain at the rear northern end of the site which would be affected by the proposed changes. 

 

Caretakers unit, including entry, stair and lift

While some original internal building fabric remains at ground floor and level 1, level 2 is a new floor level and only external walls to Clovelly Road and Knox Street remain.  The labyrinthine floor plans allow some deductions in relation to the proposed access arrangements.  While the original stair remains to connect the ground floor foyer with the level 1 training room, the stair which connects the ground floor foyer with level 1 and level 2 foyers is new.  All the internal walls at level 2 which are to be altered to convert the staff amenities area to a caretakers unit are new.  The eastern side external wall which relates so awkwardly to the new and existing fire and access stairs is also new.  An amended southern elevation to Clovelly Road has been provided which indicates the new entry door to the caretakers unit.  In order to accommodate the proposed lift, several existing walls are to be removed.  The potential heritage impact on any original building fabric in this area is not addressed in the submission accompanying the proposed amendments.  Additional photographs have now been provided of this area however, indicating that there are no interior features which will be affected by the proposed amendments.  An amended section has also been provided indicating that the proposed lift to the caretakers unit will not project above the level 2 roof.  No roof top lift overrun or plantroom is proposed, so that the proposed lift installation will not project above the original parapet line.  There are no heritage objections to the proposed changes associated with provision of the caretakers unit. 

Recommendation

No additional consent conditions are required. 

 

Development Engineering Impacts:

 

The following comments about the proposal were supplied by Council’s Development Engineer:

 

A Section 96(2) application of the approved development has been received which seeks to modify the approved staff room and computer lab on Level 2 into a caretaker's unit with an open courtyard, new entrance and lift area at ground level, retention of existing rock wall along the northern boundary, new fire stairs and removal of the approved basement/store room.

 

Original consent: Partial demolition, alterations and additions to the existing RSL building for the establishment of a child care centre catering for 90 children and new parking area fronting Susan Lane (Heritage Item)(Variation to floor space ratio& building height controls).

 

This report is based on the following plans and documentation:

·      Statement of Environmental Effects  by ABC Planning dated June 2015

·      Plans by HNL Properties Pty Ltd issued May 2015

 

Parking Comments

A caretakers unit will normally create demand for an additional carspace on site although it is stated in the Statement of Environmental Effects that that as the caretaker is also a staff member and so will have minimal impact on parking demand.

 

Staff parking was assessed with the original application with 7 spaces being proposed along the Susan Lane Frontage. This was in compliance with the DCP parking rate of 1 space per 2 staff and was a considerable improvement on the previous use as a RSL club which did not provide any off-street parking for staff.

 

Development Engineering raises no objection to the caretakers unit although it is recommended that one of the staff spaces fronting Susan lane be dedicated for use by the caretaker. Hence the following condition shall be included in any S96 consent under General or Operational Conditions.

 

1.       One of the staff car-spaces fronting Susan Lane shall be dedicated for use by the caretaker.

 

Rock Wall Comments

The rock removal along the Susan Lane northern boundary proposed with the original application is to be deleted with the existing rock wall now proposed to be retained. The applicant states that advice from a structural engineer has confirmed that the excavation is not necessary.

 

The applicant is seeking amendments/deletions of conditions 20, 28 & 38 to reflect the amended proposal. Condition 20 was added by Development Engineering and states;

 

20.     Fully detailed plans and specifications of the proposed rock removal and structural works adjacent to the Susan Lane frontage (including details of any ground anchors if required) as well as certification from a profession Structural Engineer are to be submitted to and approved by the Director of City Services prior to the issuing of a construction certificate. The plans shall demonstrate compliance with the following;

 

•    There must be no loss of support for the roadway in Susan Lane

•    The proposed works must eliminate any on-going potential for rock to fall into the development site or neighbouring properties.

•    Adequate provision must be made for drainage of seepage and/or stormwater between the rock face and proposed wall.

 

Development Engineering would not support the total removal of this condition as there are still concerns about the on-going stability of the rock face and the potential of weathered rock falling into the development site or neighbouring properties.

 

In consultation with Council’s Development Engineering Coordinator it is therefore recommended that Condition 20 be amended as follows.

 

20.           The condition of the rock face located along the northern (Susan Lane) site frontage must be fully assessed by a suitably qualified and experienced structural and/or geotechnical engineer. The assessment must determine if there is any potential for structural failure in the rock face and/or for weathered rock to fall into the development site. If stabilisation of the rock face is required to prevent structural failure or rock fall, detailed plans and specifications (including details of any rock anchors) must be submitted to the PCA for approval, and be approved, prior to the issuing of a construction certificate. All works must be carried out to the satisfaction of the PCA prior to the issuing of an occupation certificate. All stabilisation works must be inspected and certified by a suitably qualified structural / geotechnical engineer and a copy of the certification must be provided to Council prior to the issuing of an occupation certificate.

 

Notes: 

 

·      The use of ground anchors must be approved by Council and all of Council’s terms and conditions must be met before installation of any anchors.

 

·      This condition is required to minimise the potential for any failure of the rock face and the associated risk to the users of the childcare centre and damage to civil infrastructure in Susan Lane.

 

Conditions 28 and 39 were not added by Development Engineering and no comment is made on these amendments.

 

Subject to the above recommendations there are no objections to the Section 96 application by Development Engineering.

 

The proposed modification of Condition 28 “Construction Noise & Vibration Management Plan” and Condition 39 “Restriction on Working Hours”

 

Development engineering has recommended that condition 20 (relating to the site’s rock wall) be retained and amended. As a result of this amendment, some rock work could still occur to repair or stabilise the rock wall. Therefore, as conditions 28 and 39 in their current form reference rock work, it is considered appropriate that their current wording remain.

 

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 modification to the approved development has been assessed against the requirements of the relevant planning guidelines of the RLEP and Council policies and plans as well as in regard to Section 79C of the Environmental Planning and Assessment Act 1979, as amended. The proposed modifications are considered to result in development that is substantially the same nature as previously approved works. The modified development will not result in significant adverse environmental impacts upon the amenity and character of the locality and will be not inconsistent with the relevant objectives and criteria of the LEP 2012 and the RCDCP 2013.

 

Therefore, the application is recommended for approval.

 

Recommendation

 

A.       That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No. DA/566/2014/A for a modification of the approved development for a change of use of the approved training room to a caretakers unit, retention of the existing rock wall and removal of the approved basement store area.

·      Amend Condition No. 1 to read:

Approved Plans & Supporting Documentation

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

DA02 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA03 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA05 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA06 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA07 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA08 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA09 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA 13 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA14 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA15 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA16 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

DA17 Issue E

Bongiorno Hawkins

12.01.15

15 January 2015

Landscape Plans 1 of 4 to 4 of 4

Tessa Rose

22 July, 2014

19 August 2014

Sample Boards 1 and 2

Tessa Rose

 

19 August 2014

 

As amended by the Section 96 “A” plans and supporting documentation listed below:

 

Plan

Drawn by

Dated

CC01 Issue B

Bongiorno Hawkins

5 Nov. 2015

CC02 Issue A

Bongiorno Hawkins

9 June 2015

CC03 Issue A

Bongiorno Hawkins

9 June 2015

CC04 Issue A

Bongiorno Hawkins

9 June 2015

CC05 Issue A

Bongiorno Hawkins

9 June 2015

CC06 Issue A

Bongiorno Hawkins

9 June 2015

CC07 Issue A

Bongiorno Hawkins

9 June 2015

CC08 Issue B

Bongiorno Hawkins

20 Oct. 2015

CC09 Issue A

Bongiorno Hawkins

20 Oct. 2015

CC10 Issue A

Bongiorno Hawkins

9 June 2015

CC11 Issue B

Bongiorno Hawkins

16 Sept. 2015

CC12 Issue B

Bongiorno Hawkins

16 Sept. 2015

 

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 2c to read:

       

2.c     One of the staff car-spaces fronting Susan Lane shall be dedicated for use by the caretaker.”

 

·      Amend Condition 21 to read:

21.     The condition of the rock face located along the northern (Susan Lane) site frontage must be fully assessed by a suitably qualified and experienced structural and/or geotechnical engineer. The assessment must determine if there is any potential for structural failure in the rock face and/or for weathered rock to fall into the development site. If stabilisation of the rock face is required to prevent structural failure or rock fall, detailed plans and specifications (including details of any rock anchors) must be submitted to the PCA for approval, and be approved, prior to the issuing of a construction certificate. All works must be carried out to the satisfaction of the PCA prior to the issuing of an occupation certificate. All stabilisation works must be inspected and certified by a suitably qualified structural / geotechnical engineer and a copy of the certification must be provided to Council prior to the issuing of an occupation certificate.

 

Notes: 

 

·       The use of ground anchors must be approved by Council and all of Council’s terms and conditions must be met before installation of any anchors.

 

·       This condition is required to minimise the potential for any failure of the rock face and the associated risk to the users of the childcare centre and damage to civil infrastructure in Susan Lane.”.

 

·      Amend Condition 51 to read:

 

Food Safety

51.     The onsite kitchen(s) that supplies the food business must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.”

 

·      Amend Condition 60 to read:

Hours of Operation

60.     The hours of the operation of the business (excluding residential activities associated with the caretakers unit) are restricted to the following:-

 

Monday – Friday only: 7:00am – 6:00pm.

 

Deliveries (including the loading and unloading of goods, but excluding residential deliveries to the caretakers unit) are restricted to:

 

Monday to Friday only: 7:00am - 6.00pm.”.

 

·      Amend Condition 61 to read:

       

Flood Storage

61.     Excluding food preparation for onsite residential purposes, 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.”.

 

·      Amend Condition 70 to read:

70.     Amplified music is not to be played in the outdoor play and caretaker’s courtyard areas at any time.”.

 

·      Amend Condition 71 to read:

71.     The outdoor areas on level 2 (upper-most floor) are not to be used in association with any after-hours events. The 4m x 3.2m courtyard area associated with the caretakers unit is the only outdoor area which may be used for general residential purposes (at all times).

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Director City Planning Report No. CP68/15

 

Subject:                  169-181 Dolphin Street, Coogee (DA/649/2010/A)

Folder No:               DA/649/2010/A

Author:                    Matthew Choi, Senior Environmental Planning Officer     

 

Proposal:                 Section 96(AA) modification to Land and Environment Court approval by amending condition no. 25 to refer to a new plan of management for the Coogee Pavilion

Ward:                      North Ward

Applicant:               Hemmes Property Pty. Ltd.

Owner:                    Jormaring Pty. Ltd.

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

 

Development Application Executive summary report

 

The Section 96(AA) application is referred to the Planning Committee as the original development application was determined by the Land and Environment Court.

 

Proposal

 

The Section 96 modification involves amending the conditions relating to a land and environment court approval by amending condition no. 25 to refer to a plan of management for the Coogee Pavilion in recognition of the new operator of the premises.

 

Condition no. 25 currently reads as follows:

 

25.   The applicant shall comply with the Plan of Management attached to the statement of evidence of Mr. George Smith as Annexure 4 of Exhibit B. That Plan of Management is amended as follows:

 

        (a)    To require compliance with liquor licensing conditions

(b)    To require compliance with conditions of development consent including providing that the hours of operation of the second level of the Hotel are restricted to 11am to 12 midnight Monday to Sundays.

(c)    To clearly state that a prime objective of the Plan of Management is to minimise potential impacts from the operation of the premises upon nearby residential development.

(d)    To require that upon closure of the second level of the Hotel that any patrons who move to a lower level of the Hotel do so safely and efficiently.

(e)    That the Plan of Management includes strategy to deter the dropping or throwing of glass from the second level balconies.

(f)    The following additional condition:

 

        The licensee must establish and maintain a formal and documented system for the recording and addressing of complaints that go to allegations of breaches of consent made to the licensed premises by residents. All complaints are to be attended to in a courteous manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken. The complaints registor is to be made available to Council officers, Police and Officers of the Office of Liquor, Gaming and Racing upon request.

 

Site

 

The subject site is legally described as Lot 1 DP 792311, no. 169-181 Dolphin Street, Coogee. The subject site is a rectangular shaped allotment with a frontage width of approximately of 13.65 metres along Dolphin Street, a depth of 46.61 metres and an area of 1,587sqm. The premise is located on the northern side of Dolphin Street.

 

The subject site is currently occupied by a three storey food and drink premises known as the ‘Coogee Pavilion’. Neighbouring the premises to the south/east is Coogee Beach and the adjoining Council car park adjacent to Dolphin Street. To the north is a series of three and four storey shop top housing developments and beyond a mixture of mostly three and four storey residential flat buildings along Beach Street. To the west is a shop top housing development of varying storey heights. The immediate locality can be described mostly of commercial and medium density residential forming part of the Coogee Local Centre.  

 

Section 96AA 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 have been complied with:

 

Substantially the same development:

The section 96 modifications seeks to modify condition no. 25 of a land and environment court approval with reference to a plan of management for the Coogee Pavilion. The modification to a condition is considered to result in substantially the same development for which consent was granted.

 

Notification and consideration of submissions:

The owners of adjoining and neighbouring properties were notified of the proposed Section 96 modifications in accordance with the DCP for Public Notification.  

 

Consultation with relevant public authorities:

 

Eastern Suburbs Local Area Command:

The development application has been reviewed to modify development Consent no. DA/649/2010.

 

It is in our opinion that the plan management be incorporated as a condition on the D/A.

 

Further to this Police are seeking that no glassware be allowed in the new proposed outdoor seating area.

 

No objections received from a licensing perspective.

 

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:

 

·      Coogee Precinct Committee

·      97 Dolphin Street, Coogee

·      1/120 Beach Street, Coogee

·      11/120 Beach Street, Coogee

·      93 Bream Street, Coogee

 

Issue:

 

·      The objector is concerned that the section 96 modifications will increase the number of bars on the subject premises and subsequently result in an increase in the number of patrons.

The submitted plan of management version no. 0.26, dated on the 24 August 2015 and received by Council on the 24 August 2015 does not seek to increase the number of bars to the premises and therefore will not contribute to an increased number of patrons that have otherwise been approved as part of condition no. 7 of the Land and Environment Court consent of DA/649/2010. Subsequently, the new plan of management is not expected to contribute to an intensification of the approved use at the second floor level.

 

·      The current lockout laws within the Sydney CBD will contribute to a greater number of patrons

Whilst the lockout laws have contributed to a dispersal of patrons into other areas, the proposed plan of management will retain a similar number of patrons as approved as part of the Land and Environment court consent and subsequently will not result in an increase above the maximum permissible number of patrons. Notwithstanding this, the hours of operation of the premises is reduced in comparison to a number of late night trading premises within the Sydney CBD given trading hours cease at 1am between Monday to Thursday, 3am on Friday and Saturday and midnight on Sunday. Therefore the Coogee Pavilion does not represent a more attractive extended late night trading premises than those that are currently offered within the Sydney CBD.  

 

·      The second floor level of the Coogee Pavilion is excessive in size and can accommodate a significant number of patrons leading to anti-social behaviour.

The submitted plan of management does not seek to increase the number of patrons that have otherwise been approved as part of condition no. 7 of the Land and Environment Court consent of DA/649/2010. Subsequently, the new plan of management is not expected to contribute to an intensification of the approved use at the second floor level.

 

·      The Merivale Group has a notorious track record of poorly managed nightclub venues with particular regard given to ‘The Ivy’

Comparisons between the Coogee Pavilion and The Ivy are unsubstantiated given the operational management of the two premises differ from one another. The amended plan of management of the Coogee Pavilion has been reviewed by Council’s building and regulatory unit and is satisfied that the appropriate measures have been taken to ensure the development will minimise potential impacts from the operation of the premises upon the nearby residential developments. The plan of management is considered to be comprehensive and encompasses all facets of hotel management.

 

·      The current operation of the Coogee Pavilion leads to intoxicated patrons being discharged from the Pavillion in a drunken and disorderly manner.

The plan of management seeks to manage patrons effectively and prescribes that reasonable steps are provided to control the behavior of patrons whilst on the premises as they arrive and depart. This includes taking all reasonable steps to ensure that patrons exit the hotel in a considerate and orderly manner, and assign contact security staff to ensure that patrons leaving the vicinity of the premises do so promptly and as quietly as is reasonably possible. In addition to this, the licensee has also provided a formal documented system for recording and addressing complaints of breaches of consent made to the licensed premises by residents. Should the operation of the premises result in breaches to the development consent the objectors are advised that complaints should be forwarded by the venue contact number on: 9091 9999 or emailing feedback@merivale.com.

 

·      The development will contribute to a reduced availability of off-street parking.

The proposal does not involve increasing the gross floor area or the number of patrons to the subject premises and therefore the development is not expected to further reduce the availability of off-street parking. The parking will remain consistent with the previous development consent.

 

·      The proposed pub is located in a predominantly residential area than commercial.

It should be noted that the subject site is located within a B2: Local Centre zone and a food and drink premises is permissible with development consent. Nevertheless, the subject section 96 application seeks to amend condition no. 25 by providing an amended plan of management and approval was granted as part of a previous development consent.

 

·      The objector requests that Section 1.1 be amended to include particular reference to the ‘facilitating a family friendly environment within the Hotel and a positive relationship with the nearby residents and Coogee community more generally’.

Noted. A condition of consent has been included that Section 2.4.1, 2.4.2 and 2.4.3 relating to the ground, first and second floor level of the plan of management be amended to indicate the specific nature and range of proposed activities at each level in recognition of the changed focus in certain parts of the pub to be more food oriented.

 

·      Section 2.1: Organisational Overview of the Plan of Management does not clearly indicate the use of the first floor level or how it is it be managed effectively. 

The use of the first floor level will remain in accordance with the previous Land and Environment Court consent DA/648/2010 for alterations and additions to the first (mid) level of the former Beach Palace to create an open balcony and conversion to a bar/restaurant in the southern section and a nightclub in the northern section. The plan of management makes appropriate provisions in managing the mid-floor level with reference made to the hours of operation, the maximum number of patrons, noise emissions, management of patrons, service of alcohol, security, emergency management and facility management services. No further consideration is required to the management of the mid-floor level. 

 

·      The Coogee Pavilion does not currently comply with Section 5.2 and 5.4 of the Plan of Management in that gaming related signage is visible from Dunning ham Reserve. The objector requests that the wording of Section 5.2 and 5.4 be amended.

The subject section 96 application seeks to modify condition no. 25 of the Land and Environment Court consent to approve the use of the submitted plan of management with regard to the upper floor level. Nevertheless, the amended plan of management will take in effect to the entirety of the subject premises. Council’s Building and Regulatory Unit are currently investigating the matter regarding the extent of light spillage from the gaming room.

 

Referral

 

Council’s Building and Regulatory Unit:

Council is in receipt of an Application by the Hemmes Property Group Pty Limited pursuant to s. 96AA (1) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. DA/649/2010 granted by the Land and Environment Court of NSW on the 21 June 2011 (see L&E Court Proceedings No. 10929 of 2011 in respect to premises situated at 169 – 181 Dolphin Street, Coogee and known as the Coogee Pavilion) (“the Hotel”).

 

The Application seeks to modify the abovementioned consent by way of replacing the existing Plan of Management as required by condition 25 of the consent with the document titled “Draft Merivale Coogee Pavilion Plan Of Management - Version No: 0.22, Issued: 26 May 2015 ("POM") and the document identified as Hatamoto Coogee Pavilion Plan of Management Compliance Review (Draft) 2015 ("POMCR").

 

I advise that I have read those documents and I am of the view that the POM accords with the requirements of condition 25 (a) - (f) imposed as a result of L& E Court Appeal No. 10929 of 2010 and in addition is cognate with the requirements of Development Consent No. DA/648/2010 for the mid level of the hotel granted by L & E Court the result of Appeal No. 10575 of 2011, albeit this consent is yet to be acted on. The proposed POM and POMCR are comprehensive documents and encompasses all aspects of the Hotel’s operation and in my view the Application should be granted.

 

I am of the further view that in order to ensure on-going operational efficacy there should be enough flexibility to allow for changes to the POM without the necessity to formally modify the Consent. The best hotel Plans of Management are ‘living’ documents that should be regularly reviewed and amended when required. To provide for this flexibility it is my view that a condition should be imposed which allows the POM to be amended from time to time but only after the written approval of Council’s Manager, Health Building & Regulatory Services and the Eastern Beaches Licensing Police.

 

[Update 8 October 2015] I refer to the previous Memorandum from the Manager, Health Building & Regulatory Services to the Manager, Development Assessment, dated 9 July 2015.

 

I advise that I have reviewed the document titled “Merivale Coogee Pavilion Plan of Management - Version No: 0.26, Issued: 24 August 2015 and as a result require no changes to the previous recommendations (apart from the correct document citations).

 

Key Issues

 

Capacity of Patrons

The amended plan of management (version 0.26), dated on the 24 August 2015 and received by Council on the 8 October 2015, Section 2.3 Premises Capacity, subsection (b) reads as follows:

 

Patron numbers on the Top Floor inclusive of all internal and external areas will be restricted to 620 patrons with a maximum number of 225 on the southern balcony and a maximum of 75 on the eastern balcony.    

 

However, the above is inconsistent with condition no. 7(c) of the approved land and environment court consent which specifies that:

 

7.     (a) The overall maximum number of persons permitted in the second floor hotel premises at any one time must not exceed 590 in total, inclusive of all internal and external balcony areas. A maximum number of 620 persons is permitted on the second floor hotel premises at any one time upon satisfaction of conditions 8, 9 and 10.

 

(b) The maximum number of persons permitted on the eastern balcony on the second floor of the hotel at any one time must not exceed 75 persons from the overall maximum of persons permitted by condition 7(a)

 

(c) The maximum number of persons permitted on the southern balcony on the second floor of the hotel at any one time is 200 persons from the overall maximum of persons permitted by condition 7(a) 

 

The proposed plan of management seeks to accommodate 25 more persons on the southern balcony than that granted as part of the development consent. The increase in numbers and intensification of the balcony is not supported by Council. To ensure the plan of management remains consistent with the approved number of patrons as per the original development consent, the following condition of consent has been included:

 

Clause 2.3 of the Plan of Management titled “Merivale Coogee Pavilion Plan of Management – Version No. 0.26, Issued: 24 August 2015 (“Pavillion POM”) shall be amended to provide for a maximum patron capacity that the maximum number of persons permitted on the southern balcony on the second floor of the hotel at any one time is 200 persons from the overall maximum of persons permitted by condition 7(a). 

 

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 make reference to a new plan of management for the Coogee Pavilion has been assessed against the requirements of the relevant planning guidelines of the RLEP 2012, the relevant council policies including the Randwick Development Control Plan 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 a modification to a condition only and will be substantially the same development as that previously approved. The section 96 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 consent under Sections 96 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/649/2010/A for permission to modify the land and environment court approved consent by amending condition no. 25 to refer to a new plan of management for the Coogee Pavilion at 169-181 Dolphin Street, Coogee, subject to the following conditions:

 

·          Amend Condition No. 25 to read:

25.   (a)    The operator of the Hotel premises shall comply with the Plan of Management titled “Merivale Coogee Pavilion Plan of Management – Version No: 0.26, Issued: 24 August 2015 (“Pavilion POM”) at all times.

 

        (b)    Clause 2.3 of The Pavilion POM referred to at 25 (a) shall be amended to provide for a maximum patron capacity that the maximum number of persons permitted on the southern balcony on the second floor of the hotel at any one time is 200 persons from the overall maximum of persons permitted by condition 7(a). 

 

(c)    Clause 2.4.1, 2.4.2 and 2.4.3 of The Pavilion POM referred to at 25 (a) shall be amended to include reference to the particular nature and range of activities that are available on each level.

 

(d)    The plan of management shall be amended to prohibit glassware within the outdoor dining area.

 

(e)    The Pavilion POM referred to at 25 (a) may be amended from time to time ONLY with the prior written approval of Randwick City Council’s Manager, Health Building & Regulatory Services and the Eastern Beaches Local Area Command Licensing Police.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Director City Planning Report No. CP69/15

 

Subject:                  3R Marine Parade, Maroubra (DA/641/2015)

Folder No:               DA/641/2015

Author:                    Planning Ingenuity, Pty Ltd      

 

Proposal:                 First floor addition to Maroubra Beach Pavilion to be used as a training room by Surfing NSW

Ward:                      Central Ward

Applicant:               Randwick City Council

Owner:                    Department of Lands

Summary

Recommendation:   Approval

 

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The development application has been assessed by an external planning consultant and referred to Council as the subject site is under the care, control and management of Randwick City Council.

Proposal

 

The application proposes alterations and additions to the existing building to provide a training room on the first floor adjoining the existing offices at the southern end of the building. The room will be 29m2 in area, having dimensions of 9m x 3.6m and a height of 2.75m from the floor level to the ridge of the proposed roof. There are two windows on each of the western and southern elevations.

 

Site

 

The site is located on the eastern side of Marine Parade and is adjacent to Maroubra Beach. The site is Crown Land and occupied by a part one and two storey building known as “The Pavillion”. The northern part of the building is used as a restaurant, and the southern part of the building is occupied by Surfing NSW for event management, training and educational purposes. The ground floor consists of storage and change room facilities and there are offices located on the first floor.

 

Submissions

 

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

 

Key Issues

 

Clause 2.1 Land Use Zones

 

The subject site is zoned RE1 – Public Recreation under Randwick LEP 2012. The proposal development is classified as additions to a community facility and is permissible in the zone.

 

The zoning objectives are addressed as follows:

 

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

 

The proposed development is associated with the use of the existing building occupied by Surfing NSW.

 

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

 

The proposal is a compatible land use with the existing public open space area by providing an addition to an existing community facility building.

 

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

 

The proposed works will not impact on the beach or foreshore area, as they are located within the existing building footprint.

 

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

 

The site does not have high biodiversity value or high ecological integrity. The proposal will not adversely impact the aesthetic value of the site.


 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

The project cost is $148,500.

 

Additional costs will be incurred during the next phases of the project, including the Construction Certificate, construction and operation.  Continued financial support for the project is to be allocated through Section 94 and future Adopted Management and Operational Plans.

 

Conclusion

 

The proposed development complies with the objectives and performance requirements of relevant State and Local planning controls. The proposal represents an economic and orderly use of the site and will deliver positive planning benefits. Therefore, the proposal is recommended for approval subject to conditions.

 

 

Recommendation

 

A.     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. 641/2015 for a first floor addition to Maroubra Beach Pavilion to be used as a training room by Surfing NSW, at No. 3R Marine Parade, 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

 

External Colours, Materials & Finishes

3.       a)     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.

 

b)     Highly reflective glass in windows visible from the public domain must not be used.

 

c)     External finishes to the building must be capable of properly withstanding deterioration and weathering accelerated by the coastal conditions.

 

 

Attachment/s:

 

1.

DA Compliance Report - 3R Marine Parade, Maroubra

Included under separate cover

 

 

  


Ordinary Council                                                                                                 24 November 2015

 

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General Manager's Report No. GM21/15

 

Subject:                  Review of the 2015-16 Operational Plan - September Quarter

Folder No:               F2015/03001

Author:                    Karen Hawkett, Coordinator Integrated Planning & Reporting      

 

Introduction

 

The purpose of this report is to update Councillors and the community on the implementation of the annual Operational Plan. The 2015-16 Operational Plan was adopted by Council on 23 June 2015. In this report, achievement and status comments are provided for each action in the 2015-16 Operational Plan. Highlights are also provided where appropriate.

 

Issues

 

This is the September 2015 Quarterly Report and first review of the 2015-16 annual Operational Plan.

 

All projects are proceeding as planned and overall all services were delivered to agreed standards.

 

During the September report period, several key projects were completed, including: major renovations of the Dunningham Reserve garden beds including a new stormwater fed irrigation system; the Coogee Eastward Senior Citizens Hall which was marked with an official reopening; the staging of the annual Eco-living Fair; the presentation of the Randwick City Business Excellence Awards; completion of the habitat trail at the Randwick Community Centre; completion of Stage A remediation and redevelopment works at Heffron Park; and the development of the 2014-15 Annual Report and Financial Statements.

 

From the activity undertaken by Council during the quarter there were many highlights.

 

The following table lists our significant highlights:

 

City theme

City Plan Outcomes

Action code

Highlight

 

1.Leadership in Sustainability

 

 

1a. Vision for Randwick City Council

 

 

P001

 

The 2015 Annual Report and Financial Statements were approved at the September Ordinary Council meeting. Development of the Annual Report included contributions from all departments. Highlights from Council’s 2014-15 operations included: continued sound financial management; technological advancements in payment options and electronic rate notice delivery; and improved online access to planning controls.

 

2015 Annual Report and Financial Statements

 

 

1.Leadership in Sustainability

 

 

1b. Leadership

 

 

S021

 

 

 

New databases have been built for the Des Renford Leisure Centre as part of an upgrade for the leisure centre (IT) management system.

 

 

1.Leadership in Sustainability

 

 

1b. Leadership

 

 

S022

 

 

An upgrade to the Postman address file has helped to reduce the cost of mail posted through this system from across the organisation.

 

 

1.Leadership in Sustainability

 

 

1b. Leadership

 

 

S025

 

 

A Coastal Walkway interactive map, showing existing coastal walkway and future works, was loaded to Randwick City Council’s website.

 

 

Interactive map of Coastal Walkway

 

 

1.Leadership in Sustainability

 

 

1c. Continuous Improvement

 

 

P014

 

 

The annual City Plan indicators were updated and reported in the 2015 Annual Report where applicable.

 

2.A Vibrant and Diverse Community

 

2a. Understanding Community Needs

 

S032

 

 

 

 

S033

S034

 

 

 

During the September quarter, there were 824 page views of Council’s website pages translated into Chinese, Spanish, Russian, Indonesian and Greek with the most visited being the Chinese language pages.

 

Council now offers Spanish Language Storytime sessions and Japanese Storytime sessions at the Library.

 

Randwick City Council’s multi-lingual website pages

 

 

2. A Vibrant and Diverse Community

 

2b. Strong Partnerships

 

P020

 

 

20 community organisations/agencies manned stalls at the Local Volunteer Expo held at Randwick Town Hall, providing the 300 visitors attending with information on volunteering opportunities.

 

 

2. A Vibrant and Diverse Community

 

 

2c. Community facilities

 

 

P021

 

 

La Perouse Museum Trust members toured the Hawkesbury Regional Museum to inform the business plan making process, and visited Scheyville National Park to inspect the anchor of one of the La Perouse Expedition ships, the Astrolabe, with a view to possible restoration and exhibition of the anchor in the Museum.

 

The Astrolabe

 

2. A Vibrant and Diverse Community

 

2d. Cultural diversity

S040

 

Council hosted a new event ‑ NOX night sculpture walk ‑ providing the community the opportunity to view art in an outdoor space and promote the Randwick Environment Park.

 

                                                                               

NOX

 

 

4. Excellence in Urban Design and Development

 

 

4a. Improved Design

 

 

P024

 

 

On 17 September 2015 the Minister for Transport announced that Council's alternative Randwick Light Rail terminus, located in High Street, would proceed.

 

 

4. Excellence in Urban Design and Development

 

 

4a. Improved Design

 

 

P026

 

 

The first talk of the Architecture on Show series was held during the quarter focusing on the winning dwelling house designs in the Randwick City Architecture and Urban Design Awards 2015. The talk was well attended by members of the community.

 

 

4. Excellence in Urban Design and Development

 

 

4b. Robust Development Framework

 

P027

 

 

Council continues to perform strongly in processing DAs well within target timeframes. In the September quarter, Council determined 87.1 per cent of DAs under delegated authority within 60 days (net time).

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

5b. Range of Activities

 

P031

 

Construction has commenced for the Heffron Park synthetic playing fields.

Heffron Park development

 

5. Excellence in Recreation and Lifestyle Opportunities

 

5c. New Open Space Creation

 

P034

 

Council is working with TfNSW for the design of the newly agreed location for the Randwick Terminus in accordance with Council’s Light Rail Urban Design Guidelines.

 

Preliminary concept designs have been developed for two identified locations for potential public domain improvements at Waratah Ave, Randwick and Meeks Street, Kingsford.

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

5d. Innovative Library Programs

 

S058

 

The Library partnered with Code Club Australia to run a Teacher Training in‑service day in September to assist local educators and library staff in introducing Scratch programming to primary school aged children.

 

 

6. A Liveable City

 

 

 

6a. Public Asset Management

 

 

 

S060

 

 

 

Major renovations to garden beds in Dunningham Reserve have been completed.

 

6. A Liveable City

 

 

 

6a. Public Asset Management

 

 

 

P043

 

The Coogee Eastward Senior Citizens Hall was officially re-opened on 18 September following a $1.2 million redevelopment which included a new roof, kitchen facilities and environmentally-sustainable features.

 

 

Coogee Eastward Senior Citizens Hall

 

 

6. A Liveable City

 

6c. Community Safety

 

S067

 

 

A Campus Safety Walk was conducted with Council, Police, Student Representatives and UNSW Campus Security in July, to discuss and identify crime prevention activities.

 

 

6. A Liveable City

 

6c. Community Safety

 

P044

 

 

Council, in partnership with members of the Randwick Community Drug Action Team, held two consultation sessions on the effects of the drug ICE on individuals, families and communities, at La Perouse and South Maroubra.

 

 

6. A Liveable City

 

6e. Housing Diversity

 

P051

 

 

Council resolved to place on exhibition the draft amendments to Randwick City Council Development Control Plan 2013 Chapter E5 – Newmarket Green (Inglis site) which seeks to incorporate 5 per cent of total residential accommodation be provided as affordable housing.

 

 

7. Heritage that is Protected and Celebrated

 

 

7a. Heritage

 

P054

 

 

Revised Statements of Significance for Randwick Junction heritage items have been completed.

 

 

8. A strong Local Economy

 

8a Vibrant commercial centres

 

 

P056

 

 

Council hosted a Shop Local Stall at the Eco‑living Fair featuring business information provided by the members of the local Chambers of Commerce.

 

         

The 2015 Eco-living Fair and Garden Awards

 

 

8. A strong Local Economy

 

8b Hospital and University Precincts

 

 

P058

 

 

The University Hospital Reference Group, comprising representatives from Council, the University of NSW and NSW Health, has been established. The Group which will discuss issues such as precinct master‑planning, development and public domain matters, held their first meeting in July.

 

 

8. A strong Local Economy

 

8c. Effective partnerships

 

 

S078

 

 

The first 2015‑16 Randwick Business and Economic Leadership Forum - on Indigenous Economic Development ‑ was held at the Prince Henry Centre.

 

In August, the 27 category winners of the Randwick City Business Excellence Awards were announced from 186 finalists, as voted by customers and professional judges.

 

Randwick City 2015 Business Excellence Awards

 

 

8. A strong Local Economy

 

8d. Tourism

 

 

P060

 

 

Council hosted all three Randwick City Tourism Inc Executive Committee meetings held during the September quarter.

 

 

9. Integrated and Accessible Transport

 

 

9a. Active Transport Network

 

 

P061

 

 

Council conducted an online survey during September and October that asked residents to comment on Council plans to build better cycleways.

 

10. A Healthy Environment

 

10a. Leader in Environmental Sustainability

 

P067

 

The Business Water Audits program has been completed. The 68 Randwick businesses who participated in the program are now saving 220,000 kilolitres of water annually.

 

 

10. A Healthy Environment

 

10a. Leader in Environmental Sustainability

 

P069

 

 

A habitat trail has been completed at Randwick Community Centre.

 

 

10. A Healthy Environment

 

10b. Management of Environmental Risks

 

P071

 

 

Stage A remediation and redevelopment works at Heffron Park, which include turfing, have been completed.

 

 

10. A Healthy Environment

 

10c Biodiversity and Natural Heritage

 

S086

 

 

Acacia terminalis plantations have been restored in bushland adjoining Bunnerong Road utilising a $3,000 grant from the Office of Environment and Heritage "Saving Our Species" program.

 

 

10. A Healthy Environment

 

10d. Sustainable Waste Technologies

 

P075

 

 

 

 

Four community workshops have been conducted to collect data and inform on residents’ perceptions and ideas related to waste management programs.

 

10. A Healthy Environment

 

10e. Water conservation

 

P078

 

The pump well for stormwater harvesting at Clovelly Beach, and irrigation works for the Dunningham Reserve garden bed have been completed.

 

 

 

Clovelly Beach Pump Well: Before and under construction

 

 

10. A Healthy Environment

 

10f. Energy conservation

 

 

P080

 

P081

 

 

Council's solar panels generated 62,200 kWh of electricity during the September quarter which was higher than the 47,767 kWh generated in the same quarter last year. The use of solar generated power contributed to the reduction in energy consumed.

 

Council facilities consumed 6,278 GJ of electricity from the grid in the September quarter (compared to 7,050 GJ a year earlier).

 

 

 

In acknowledgement of our efforts, Randwick City has recently received a number of awards. 

 

·          The Randwick City Council Website won the Reporting to your Community (population more than 100,000) category of the RH Dougherty Award.

·          Randwick City Council’s Scores on Doors program won the NSW Food Authority’s Food Surveillance Champion Award.

·          Randwick City Council and Father Chris Riley’s Youth–Off-The-Streets Outreach Program won the Council Partnership category of the 2015 Local Government Aboriginal Network award.

·          The Randwick Community Centre Sustainability Education Hub won the Going Green Education category of the Blue Star Sustainability Awards. In the Sustainable Energy Systems category, Randwick City Council’s Energy Savings initiatives was highly commended while our Manager Sustainability and Strategic Waste, Peter Maganov was highly commended for the Environmental Achievement category. For the Overall Metropolitan Sustainability category, Randwick City Council was highly commended.

·          The Coogee Beach Library was highly commended for the RH Dougherty Innovation in Special Events Award.

·          Randwick City Council’s Integrated Management of Works System was commended for the Statewide Mutual Risk Management Excellence Awards.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1a:     Council has a long term vision based on sustainability.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The purpose of the September Quarterly Report is to inform and update Council and the community on the progress of all actions as set out in the adopted 2015-16 Annual Operational Plan. In addition, given that the Operational Plan is based on the 20-year Randwick City Plan and that Council’s reporting format is based on outcomes rather than organisational structure, the September quarterly report also provides a level of accountability against our long term vision for the City of Randwick.

 

 

Recommendation

 

That the information contained in the September 2015 Review of the 2015-16 Annual Operational Plan be received and noted.

 

 

Attachment/s:

 

1.

Link to the 2015-16 Randwick City Council Annual Operational Plan - September Quarterly Report

 

 

 

 


Ordinary Council                                                                                                 24 November 2015

 

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General Manager's Report No. GM22/15

 

Subject:                  Fit for the Future Update and Transition Planning

Folder No:               F2014/00635

Author:                    Caroline Foley, Manager Business Performance Projects     

 

Introduction

 

On 20 October 2015, the NSW Government released the Independent Pricing and Regulatory Tribunal's (IPART) Assessment of Council Fit for the Future Proposals. The assessment report highlighted Randwick City and Waverley Councils’ joint merger proposal as fit for the future.

 

IPART assessed 87 NSW councils as not fit for the future. The NSW Government provided councils with a final opportunity to provide their merger preferences by 18 November 2015, advising that all councils will “know where they stand by the end of 2015”.

 

Both Randwick and Waverley staff have been proactively collating information and working together on transition planning. As the NSW Government’s decision approaches, it is anticipated the councils will be asked to establish a Local Transition Committee in the near future.

 

Issues

 

IPART Assessment of Randwick City Council and Waverley Council Merger Proposal

 

In response to the NSW Government’s Fit for the Future program, Randwick City Council lodged a joint submission to IPART with Waverley Council in June 2015 to merge into a new eastern beaches council.

 

IPART assessed all proposals as either 'fit' or 'not fit' using the recommendations of the Independent Local Government Review Panel's final report as a starting point. The Review Panel recommended creating a global city by merging Randwick with the City of Sydney, Botany, Woollahra and Waverley Councils.

 

The NSW Government has released the results of IPART’s assessment of NSW councils' Fit for the Future submissions. Randwick and Waverley Councils’ merger proposal has been assessed as fit for the future.

 

IPART’s assessment highlighted the shared communities of interest and similar geography between Randwick and Waverley and the opportunity to deliver substantial benefits to the local communities. IPART determined that the proposal meets the NSW Government's requirements to be 'fit for the future' and could provide benefits of $139 million over 20 years. Their assessment is provided as Attachment 1 to this report. IPART’s full report is available on their website.

 

IPART assessed 87 NSW councils as not fit for the future. With the exception of Bankstown City Council, all Inner Metropolitan Sydney councils that submitted a stand-alone proposal were assessed as not fit.

 

 

 

Figure 1 Metropolitan Sydney IPART Fit for the Future Proposal Assessments

 

 

 

 

Councils had until 18 November 2015 to provide a response to the NSW Government on IPART’s report and a final opportunity to provide their merger preferences. The NSW Government has advised that all councils will “know where they stand by the end of 2015”.

 

The NSW Government also announced a revised Fit for the Future funding package for councils that voluntarily merge. This package consists of:

 

·          a ‘Stronger Communities’ grant of $10m for a merger of 2 councils or $15m for a merger of 3 or more councils; and

·          a ‘Merger Implementation’ grant of $10m.

 

For a merger of Randwick and Waverley Councils this represents a funding package of $20m. This replaces the original funding package of $10.5m for the merged Council.

 

The NSW Premier acknowledged Randwick and Waverley Councils for their leadership during the reform process. The following is an extract from a joint letter to the Mayor from the NSW Premier and Minister for Local Government (letter provided as Attachment 2 to this report):

 

Transition planning

 

Randwick and Waverley Councils have been proactive in preparing for the proposed merger. Senior staff from both Councils have been working together on high level transition management planning. This has included drafting guiding principles and a framework for the transition, change management, staff consultation, communications planning and drafting a Transition Action Plan.

 

Work has also commenced on collating information and drafting a number of supporting plans, including action plans for our workforce, information and communication technology, finance and service delivery.

 

Local Transition Committee

 

It is anticipated the NSW Government will shortly require voluntary merging councils to establish a Local Transition Committee (LTC) to oversee the establishment of the new council.

 

The NSW Government has advised the LTC will consist of the following members:

 

·          The Mayor of each existing council;

·          One additional Councillor from each existing council; and

·          General Managers of the existing councils.

 

The NSW Government stated it will support the LTC through the payment of a $5,000 monthly allowance to each Mayor and Councillor appointed to the Committee.

 

On 26 May 2015 Randwick City Council resolved, in part, (Nash/Smith) that:

k) Council write to the NSW Office of Local Government requesting that the membership of the proposed Local Transition Committee to be established to transition the merger partner Councils to the new amalgamated Council be changed from the Mayor, one other Councillor and the General Manager of each merger partner Council, to the Mayor, two other Councillors and the General Manager of each merger partner Council    (GM10/15)

A LTC that consists of three elected members (the Mayor plus two Councillors) will provide the Randwick City community with a LTC representation rate of 47,925 residents per elected member as opposed to the NSW Government funded model of 71,888 Randwick City residents per elected member.

 

Figure 2 Local Transition Committee Models – Number of residents per LTC elected member

 

As the NSW Government’s LTC funding is capped at two elected members per council, it is proposed any additional elected members on the LTC also receive the LTC member monthly allowance, funded by the merging councils.

 

Randwick Transition Working Group

 

In anticipation of the NSW Government’s announcement and to further progress the transition planning process, it would be prudent to nominate the Randwick Council members of the LTC now.

 

It is suggested this Randwick City Council group be initially referred to as the Randwick Transition Working Group, with meetings held on a monthly basis until the LTC is established with Waverley Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  1. Leadership in sustainability.

Directions:        1a. Council has a long term vision based on sustainability

1c. Continuous improvement in service delivery based on accountability, transparency and good governance.

 

Financial impact statement

 

Should the Local Transition Committee consist of three elected members per council the cost of the additional elected member’s committee allowance will be $5,000 per month. Should the NSW Government formally endorse the merger proposal, a Merger Implementation Grant of $10m will be provided to offset this cost.

 

Conclusion

 

Randwick and Waverley Councils’ joint merger proposal has been assessed as fit for the future by IPART. With the NSW Government planning to advise councils where they stand by the end of the year, both councils’ have been proactive in preparing for the proposed transition to a new eastern beaches council.

 

The establishment of a Local Transition Committee (LTC), with elected members from each merging council, is an important step in ensuring the local community have a say in the development of the new council and the process is overseen by a representative group of elected members.

 

It is recommended that the Council consider the appropriate representation numbers and appointees for the LTC. It is further recommended that the Council establish a Randwick Transition Working Group which comprises the Randwick City Council members of the LTC.

 

 

Recommendation

 

That:

 

1.     Council notes IPART’s assessment of Randwick City and Waverley Councils’ joint merger proposal as fit for the future.

 

2.     Council write to its merger partner, Waverley Council, seeking endorsement that:

 

a.  membership of the proposed Local Transition Committee comprise:

·       the mayor of each merging council;

·       two additional Councillors from each merging council; and

·       the General Manager of each merging council.

 

b.  noting the NSW Government will provide a Local Transition Committee membership allowance of $5,000 per month to the Mayor and one Councillor per council, each merging council will fund the allowance of one additional Councillor committee member.

 

3.     Council formally appoints Randwick City Council’s elected members of the proposed Local Transition Committee.

 

4.     A Randwick Transition Working Group be established, consisting of the Randwick Council members of the proposed Local Transition Committee.  

 

 

Attachment/s:

 

1.View

IPART's Assessment of Randwick and Waverley Councils' Merger Proposal

 

2.View

Fit for the Future letter to Mayor from NSW Premier and Minister for Local Government

 

3.View

Letter from the Hon Paul Toole MP to the Mayor dated 11 November 2015

 

 

 

 


IPART's Assessment of Randwick and Waverley Councils' Merger Proposal

Attachment 1

 

 


 


Fit for the Future letter to Mayor from NSW Premier and Minister for Local Government

Attachment 2

 

 


Letter from the Hon Paul Toole MP to the Mayor dated 11 November 2015

Attachment 3

 

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Director City Services Report No. CS13/15

 

Subject:                  Resident representation on the Greening Randwick Committee

Folder No:               F2007/00647

Author:                    Joe Ingegneri, Manager Technical Services; Bryan Bourke, Tree Management Officer      

 

Introduction

 

Council at its Ordinary meeting resolved as follows:

 

“(Matson/Shurey) that, in order to reduce tree losses under the CSELR construction, meetings of the Greening Randwick Committee be held to allow community involvement in Council’s application of the ‘tree management process’ to be developed by TfNSW under clause 1.19.1 of the signed Development Agreement for the Sydney Light Rail project.”

 

This report outlines the process to invite and evaluate resident representatives.

 

Issues

 

The Greening Randwick Committee is a general committee that will meet regularly to review and develop tree planting and tree management strategies relating to the Light Rail project.

 

Local residents on the committee will represent the local community and will assist with development of feasible and viable actions that can be implemented by Randwick Council. 

 

In August 2015, Council advertised, seeking written expressions of interest from local residents to fill the 4 roles for resident representation on the Greening Randwick Committee.  Residents were requested to submit their interest and demonstrate their suitability for the role in accordance with eligibility criteria as follows:

 

1.     live within Randwick City

2.     be available to attend after hours meetings and demonstrate an understanding of Council’s light rail support plan

3.     demonstrate a commitment to giving Council objective and constructive feedback on tree and landscape issues

4.     have relevant experience working with community organisations

5.     have knowledge of the local area

6.     be able to work cooperatively with others of different opinions and backgrounds

 

The resident representation is a voluntary role designed to assist with strategies, actions and priorities on tree management initiatives.

 

Randwick Council received a total of 9 submissions including 1 late submission.  An evaluation has been undertaken on the quality of the submissions and how they best address the criteria.  The summary of the evaluation is presented to the Council in a memo.

 

The residents that were evaluated as best addressing the criteria are Graham Turner, Heidi Dokulil, Beth Sargent and James Shillington.

From the submissions received, 3 residents demonstrated that they satisfied all the selection criteria.  Of the remainder, 2 residents satisfied all but 1 of the criteria.  The other submissions did not provide sufficient information in their submission to demonstrate their suitability for the role.

 

On the basis of the evaluation, the residents that demonstrated their suitability for this community role are:

 

·          Graham Turner

·          Heidi Dokulil

·          Beth Sargent

·          James Shillington

 

Councillor representation will need to be re-established for the Greening Randwick Committee.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 10:     A Healthy Environment.

Direction 10b:   Environmental risks and impacts are strategically managed.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Councillor and resident representation needs to be re-established for the Greening Randwick Committee.

 

An Expression of Interest for resident representation was advertised in August 2015.  Council received 9 submissions including 1 late submission.  The submissions were evaluated against selection criteria.  The residents that were evaluated as best addressing the criteria are Graham Turner, Heidi Dokulil, Beth Sargent and James Shillington.

 

 

Recommendation

 

That Graham Turner, Heidi Dokulil, Beth Sargent and James Shillington be endorsed as resident representatives on the Greening Randwick Committee.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                 24 November 2015

 

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Director Governance & Financial Services Report No. GF51/15

 

 

Subject:                  Quarterly Budget Review - September 2015

Folder No:               F2015/00184

Author:                    Mitchel Woods, Manager Corporate and Financial Planning      

 

Introduction

 

As part of the Integrated Planning and Reporting Framework for NSW Local Governments, the Office of Local Government has a set of minimum reporting requirements for Councils, in order for them to facilitate progress reporting against the original and revised annual budgets at the end of each quarter.

 

Collectively, these documents are known as the Quarterly Budget Review Statement (QBRS) and are reported to council in accordance with the relevant legislation at the end of each quarter.

 

Section 203(1) of the Local Government (General) Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that indicates the latest estimates of income and expenditure for the 2015-16 year.

 

The regulation (Section 203 (2)) also requires that the budget review statement must include, or be accompanied by:

 

I.      A report as to whether or not the Responsible Accounting Officer believes that the Statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

II.     If that position is unsatisfactory, recommendations for remedial action.

 

Issues

 

This report is a review of the Council’s 2015-16 current budget and recommends adoption of a revised budget for the 2015-16 financial year.

 

It proposes variations to Council’s adopted budget, which will result in a projected surplus at year end of $23,323.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1a:     Council has a long term vision based on sustainability.

Direction 1b:     Council is a leader in the delivery of social, financial & operational activities.

 

Financial impact statement

 

The proposed variations in this report and listed in the attachment will result in a projected surplus at year end of $23,323.

 


Conclusion

 

Council’s Manager Corporate and Financial Planning, as the Responsible Accounting Officer, advises that the projected financial position is satisfactory.

 

 

Recommendation

 

That:

 

a)     the report in relation to the September 2015 Budget Review be received and noted; and

 

b)     the proposed September 2015 budget variations shown in the attachment to this report be adopted.

 

 

Attachment/s:

 

1.View

Quarterly Budget Review Statements (QBRS) - September 2015

 

 

 

 


Quarterly Budget Review Statements (QBRS) - September 2015

Attachment 1

 

 


 

 


 



 

 


 



 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 



 


 


Ordinary Council                                                                                                 24 November 2015

 

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Director Governance & Financial Services Report No. GF52/15

 

Subject:                  Code of Conduct Complaint Statistics

Folder No:               F2004/06569

Author:                    David Kelly, Manager Administrative Services      

 

Introduction

 

Under part 12 of the Procedures for the Administration of the Model Code of Conduct (Reporting on Complaints Statistics) Council's complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

 

a)     the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,

b)     the number of code of conduct complaints referred to a conduct reviewer,

c)     the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,

d)     the number of code of conduct complaints investigated by a conduct reviewer,

e)     the number of code of conduct complaints investigated by a conduct review committee,

f)      without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g)     the number of matter reviewed by the Office of Local Government and, without identifying particular matters, the outcome of the reviews, and

h)     the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

 

The council is to provide the Office of Local Government with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.

 

The following is a summary of Code of Conduct complaint statistics for the period September 2014 to September 2015:

 

Part 12.1 - Procedures for the Administration of the Model Code of Conduct (Reporting on Complaints Statistics)

Sept 2014 -

Sept 2015

 

 

Number of Complaints

 

 

 

1

a

The total number of complaints received in the period about councillors and the general manager under the code of conduct

3

 

 

 

b

The total number of complaints finalised in the period about councillors and the general manager under the code of conduct

2

 

 

Overview of Complaints and Cost

 

 

 

2

a

The number of complaints finalised at the outset by alternative means by the general manager or Mayor

0

 

 

 

b

The number of complaints referred to the Office of Local Government under a special complaints management arrangement

0

 

 

 

c

The number of code of conduct complaints referred to a conduct reviewer

3

 

 

 

d

The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer

1

 

 

 

e

The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer

0

 

 

 

f

The number of finalised code of conduct complaints investigated by a conduct reviewer

1

 

 

 

g

The number of finalised code of conduct complaints investigated by a conduct review committee

0

 

 

 

h

Number of finalised complaints investigated where there was found to be no breach

1

 

 

 

i

Number of finalised complaints investigated where there was found to be a breach

1

 

 

 

j

Number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police

2

 

 

 

k

Number of complaints being investigated that are not yet finalised

1

 

 

 

l

The total cost of dealing with code of conduct complaints within the period made about councillors and the general manager including staff costs

$13,740

 

 

Preliminary Assessment Statistics

 

 

 

3

The number of  complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:

 

 

 

a

To take no action

1

 

 

 

b

To resolve the complaint by alternative and appropriate strategies

0

 

 

 

c

To refer the matter back to the general manager or the Mayor, for resolution by alternative and appropriate strategies

0

 

 

 

d

To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police

0

 

 

 

e

To investigate the matter

2

 

 

 

f

To recommend that the complaints coordinator convene a conduct review committee to investigate the matter

0

 

 

Investigation Statistics

 

 

 

4

The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:

 

 

a

That the council revise its policies or procedures

0

 

 

 

b

That a person or persons undertake training or other education

0

 

 

5

The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:

 

 

a

That the council revise any of its policies or procedures

0

 

 

b

That the subject person undertake any training or other education relevant to the conduct giving rise to the breach

0

 

 

c

That the subject person be counselled for their conduct

0

 

 

d

That the subject person apologise to any person or organisation affected by the breach

1

 

 

e

That findings of inappropriate conduct be made public

0

 

 

f

In the case of a breach by the general manager, that action be taken under the general manager’s contract for the breach

0

 

 

g

In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993

0

 

 

h

In the case of a breach by a councillor, that the matter be referred to the Office for further action

0

 

6

 

Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures

0

 

Categories of misconduct

 

 

7

The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:

 

 

a

General conduct (Part 3)

1

 

 

b

Conflict of interest  (Part 4)

0

 

 

c

Personal benefit  (Part 5)

0

 

 

d

Relationship between council officials  (Part 6)

0

 

 

e

Access to information and resources  (Part 7)

0

 

Outcome of determinations

 

 

8

The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewers recommendation

0

 

9

The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by the Office

0

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1b:     The Council is a leader in the delivery of social, financial and operational activities.

 


 

Financial impact statement

 

The cost of investigating Code of Conduct complaints has been allowed for in the legal expenses budget for Administrative Services.

 

Conclusion

 

The reporting of Code of Conduct complaints is a requirement under part 12 of the Procedures for the Administration of the Model Code of Conduct.

 

 

Recommendation

 

That the Code of Conduct statistics for the period September 2014 to September 2015 be forwarded to the Office of Local Government (Department of Premier and Cabinet) in accordance with part 12 of the Procedures for the Administration of the Model Code of Conduct.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 24 November 2015

 

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Director Governance & Financial Services Report No. GF53/15

 

Subject:                  Schedule of Meetings for 2016 and arrangements for decision making over the Christmas/New Year period

Folder No:               F2004/06565

Author:                    Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

This report outlines a method for matters to continue to be processed during the Christmas/New Year meeting recess period and suggests a Council and Committee meetings schedule for the forthcoming calendar year.

 

Issues

 

This year the meetings recess will commence after the ordinary Council Meeting scheduled to be held on 8 December 2015. A meeting schedule for the 2016 calendar year has been prepared (based on the practice of past years) and is attached for Council’s endorsement.

 

Should the necessity arise for any meeting dates to be altered, the provisions of Council’s delegation to the General Manager ‘Council & Committee Meetings – Authority to vary dates and times’ will be utilised.  The delegation is as follows:

 

‘That the General Manager is authorised to vary the schedule of meeting dates and times for meetings of Committees and the Council, when it is not practicable or desirable to hold meetings on a particular designated night to ensure that one meeting of each general committee and an ordinary meeting of the Council is held each month, except for the month of January.’

 

It has been the practice for many years for the council to take a recess following the last ordinary meeting in December, to give Councillors and officers the opportunity to either take a break over the Christmas holiday period or to finalise the year’s activities and plan for the following twelve months.  During previous recess periods, Council policy ‘Council in Recess Procedure’ has prevailed.  This policy provides a means of attaining decisions on urgent or important matters during the meeting recess and provides:

 

‘The Mayor, the Chairpersons of the Planning Committee, the Administration & Finance Committee, the Community Services Committee and the Works Committee or, in his/her absence (or if the Mayor is the Chairperson of the Committee) the Deputy Chairpersons, and the General Manager jointly be authorised to make decision which would otherwise be made by the Council and any such decision are to be unanimous and circulated to Councillors for their information.’

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1b:     The Council is a leader in the delivery of social, financial and operational activities.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Urgent and important Council business can be dealt with during the Christmas/New Year period without the requirement for formal Council and Committee meetings by utilising the ‘Council in Recess Procedure’ during that time.  Any matters that are unable to be dealt with under the Council in Recess Policy, due to extenuating circumstances, could be dealt with at an Extraordinary Council Meeting.

 

 

 

Recommendation

 

That:

 

a)     the Council Meeting recess commence following the ordinary Council Meeting scheduled to be held on Tuesday 8 December, 2015 and meetings be resumed on Tuesday 9 February 2016 (with Committee meetings being held on that night) and during the recess period the ‘Council in Recess Procedure’ be utilised, subject to the need for any extraordinary Council Meetings, which may be called in extenuating circumstances; and

 

b)     the Meeting Schedule for the 2016 calendar year be adopted.

 

 

Attachment/s:

 

1.View

Draft 2016 Meetings Schedule

 

 

 

 


Draft 2016 Meetings Schedule

Attachment 1

 

 

 

COUNCIL AND COMMITTEE MEETING DATES FOR 2016

 

January

February

March

April

May

June

 

Wed

 

 

 

 

 

1

Wed

Thu

 

 

 

 

 

2 Deadline: Committees 14/6

Thu

Fri

1 New Year’s Day (Holiday)

 

 

1

 

3

Fri

Sat

2

 

 

2

 

4

Sat

Sun

3

 

 

3

1

5

Sun

Mon

4

1

 

4

2

6

Mon

Tue

5

2 Committee Agendas Issued

1 Committee Agendas Issued

5 Committee Agendas Issued

3 Committee Agendas Issued

7 Committee Agendas Issued

Tue

Wed

6

3

2

6

4

8

Wed

Thu

7

4

3

7

5

9

Thu

Fri

8

5

4

8

6

10

Fri

Sat

9

6

5

9

7

11

Sat

Sun

10

7

6

10

8

12

Sun

Mon

11

8

7

11

9

13 Queen’s Birthday (Holiday)

Mon

Tue

12

9 Committee Meetings

8 Committee Meetings

12 Committee Meetings

10 Committee Meetings

14 Committee Meetings

Tue

Wed

13

10

9

13

11

15

Wed

Thu

14

11 Deadline: Council 23/2

10 Deadline: Council 22/3

14 Deadline: Council 26/4

12 Deadline: Council 24/5

16 Deadline: Council 28/6

Thu

Fri

15

12

11

15

13

17

Fri

Sat

16

13

12

16

14

18

Sat

Sun

17

14

13

17

15

19

Sun

Mon

18

15

14

18

16

20

Mon

Tue

19

16 Council Agenda Issued

15 Council Agenda Issued

19 Council Agenda Issued

17 Council Agenda Issued

21 Council Agenda Issued

Tue

Wed

20

17

16

20

18

22

Wed

Thu

21

18

17

21

19

23

Thu

Fri

22

19

18

22

20

24

Fri

Sat

23

20

19

23

21

25

Sat

Sun

24

21

20

24

22

26

Sun

Mon

25

22

21

25 Anzac Day (Holiday)

23

27

Mon

Tue

26 Australia Day (Holiday)

23 Council Meeting

22 Council Meeting

26 Council Meeting

24 Council Meeting

28 Council Meeting

Tue

Wed

27

24

23

27

25

29

Wed

Thu

28 Deadline: Committees 9/2

25 Deadline: Committees 8/3

24

28 Deadline: Committees 10/5

26

30 Deadline: Committees 12/7

Thu

Fri

29

26

25 Good Friday (Holiday)

29

27

 

Fri

Sat

30

27

26 Easter Saturday

30

28

 

Sat

Sun

31

28

27 Easter Sunday

 

29

 

Sun

Mon

 

29

28 Easter Monday (Holiday)

 

30

 

Mon

Tue

 

 

29 

 

31

 

Tue

Wed

 

 

30

 

 

 

 

Thu

 

 

31 Deadline: Committees 12/4

 

 

 

 

Meeting times: Committee Meetings – 6.00pm - Ordinary Council Meetings – 6.00pm

 

Deadlines close - 12 noon

 

COUNCIL AND COMMITTEE MEETING DATES FOR 2016

 

 

July

August

September

October

November

December

 

 

 

 

 

 

 

 

 

 

 

Wed

 

 

 

 

 

 

Wed

 

Thu

 

 

1

 

 

1 Deadline: Council 13/12

Thu

 

Fri

1

 

2

 

 

2

Fri

 

Sat

2

 

3

1

 

3

Sat

 

Sun

3

 

4

2

 

4

Sun

 

Mon

4

1

5

3 Labour Day (Holiday)

 

5

Mon

 

Tue

5 Committee Agendas Issued

2 Committee Agendas Issued

6

4 Council Agenda Issued

1 Committee Agendas Issued

6 Committee Meetings & Council Agenda Issued

Tue

 

Wed

6

3

7

5

2

7

Wed

 

Thu

7

4

8

6

3

8

Thu

 

Fri

8

5

9

7

4

9

Fri

 

Sat

9

6

10 Local Govt Elections

8

5

10

Sat

 

Sun

10

7

11

9

6

11

Sun

 

Mon

11

8

12

10

7

12

Mon

 

Tue

12 Committee Meetings

9 Committee Meetings

13

11 Council Meeting

8 Committee Meetings

13 Council Meeting

Tue

 

Wed

13

10

14

12

9

14

Wed

 

Thu

14 Deadline: Council 26/7

11 Deadline: Council 23/8

  15

13 Deadline: Council 25/10

10 Deadline: Council 22/11

15

Thu

 

Fri

15

12

16

14

11

16

Fri

 

Sat

16

13

17

15

12

17

Sat

 

Sun

17

14

18

16 LGNSW Conference

13

18

Sun

 

Mon

18

15

19

17 LGNSW Conference

14

19

Mon

 

Tue

19 Council Agenda Issued

16 Council Agenda Issued

20

18 LGNSW Conference &

Council Agenda Issued

15 Council Agenda Issued

20

Tue

 

Wed

20

17

21

19

16

21

Wed

 

Thu

21

18

22

20

17

22

Thu

 

Fri

22

19

23 Extraordinary Agenda Issued

21

18

23

Fri

&n