Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 8 December 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                                                                                                   8 December 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, 8 December 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 - 24 November 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

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.

 

CP70/15    65 Howard Street, Randwick (DA/886/2014) - Deferred.......... 1

CP71/15    131 Mount Street, Coogee (DA/266/2015) - Deferred............ 45

CP72/15    9 Glenwood Avenue, Coogee (DA/203/2015)........................ 83

CP73/15    36 Mirrabooka Crescent, Little Bay (DA/376/2015/A).......... 103

CP74/15    70 Dudley Street, Coogee (DA/803/2014).......................... 109

CP75/15    223-225 Coogee Bay Road, Coogee (DA/565/2015)............ 133

CP76/15    123-129 Dolphin Street, Coogee (DA/169/2011/B)............. 141

CP77/15    10 Nagle Avenue, Maroubra (DA/162/2014/B).................... 153

General Manager's Report

GM23/15   Continuation of Community Partnership with Eastern Suburbs District Rugby League Football Club................................... 163

Director City Services Reports

CS18/15   Proposed Removal of Weeping Fig - 75-77 Arden Street, Coogee...................................................................................... 169

CS19/15   Light Rail Support Program – Parking Supply and Management ...................................................................................... 171

Director Governance & Financial Services Reports

GF57/15   Internal Reporting Policy - Public Interest Disclosures Act.... 175

GF58/15   Mixed Use Development Conference 2016........................... 203  

Petitions

Motion Pursuant to Notice

Nil  

Closed Session (record of voting required)

CS20/15   Tender for Supply and Delivery of Plants - T2016-05

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.

 

CS21/15   Tender for Supply of Kiosk Goods and General Merchandise -  T2016-06

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

 

CS22/15   Tender for Line Marking Services - T2016-10

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.

 

CS23/15   Tender for Pool Chemicals and Pool Testing Tablets - T2016-15

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.

 

 

CS24/15   Tender for Facility Cleaning Services - T2016-16

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

Notice of Rescission Motions

NR11/15   Notice of Rescission Motion submitted by Councillors Belleli, Bowen and Stevenson - Fit for the Future Update and Transition Planning ......................................................................... 205

NR12/15   Notice of Rescission Motion submitted by Councillors Belleli, Bowen and Moore - Further election of delegates to various Committees..................................................................... 207

NR13/15   Notice of Rescission Motion submitted by Councillors Andrews, Nash, Roberts and Stavrinos - Protection of Trees - Light Rail...................................................................................... 209  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Planning Report No. CP70/15

 

Subject:                  65 Howard Street, Randwick (DA/886/2014) - Deferred

Folder No:               DA/886/2014

Author:                    Kerry Kyriacou, Manager Development Assessment     

 

Proposal:                 Demolition of an existing dwelling house and construction of a 4 storey residential flat building comprising 3x3 bedroom dwellings, 4 car spaces, strata subdivision, associated site and landscaping works. (Variation to building height control)

Ward:                      East Ward

Applicant:               Mr J Ajaka

Owner:                    Mr J Ajaka

Summary

Recommendation:   Approval

http://wnadm10:8084/eview/output/eview57157.png

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The proposed development was considered at the Ordinary Council Meeting held on 22 September 2015. At that meeting it was resolved;

 

“(Bowen/Matson) that the application be deferred for mediation and the placement of height poles.”

 

In accordance with Council’s resolution height poles were erected by the Applicant on 23 October 2015 and inspections were carried out from a number of the objectors’ properties. A mediation session was held on 12 November 2015. Whilst there was no agreement reached at the mediation, the Applicant undertook to investigate amendments to the scheme to lessen the view impact. As a result of the discussions at the mediation the resident from No 3/14E Dudley St, Randwick has withdrawn their objection.

 

The Applicant has submitted amendments to the proposed building which increase the view corridor for the objector’s properties in Howard St. The residents from 2A & B, 3 & 4 Howard Place, Randwick have also withdrawn their objection based on the amended scheme.

 

Key Issues

 

The substantive amendments involve the redistribution of mass from the south western end of the upper level to its north eastern end as indicated in the figures below:

 

 

Figure 1: Original Plan – Level 4


 

 

Figure 2: Amended Plan – Level 4

 

The amendment has opened up the view corridor as depicted in the following photographs:

 

Figure 3: View corridor shown from 2B Howard Street, original building envelope (Source: Willana Associates).

 

Figure 4: View corridor shown from 2B Howard Street, amended building envelope (Source: Willana Associates).

 

As a result of the changes, the height of the proposed building will remain at the same RL 80.2 but as the mass has been moved to the front of the site where the existing ground level is lower the maximum height as measured under the provisions of Council’ s LEP has increased to 12.55m. This is an increase of 420mm above that identified in Council’s original assessment report. In response, the Applicant has provided an amended Clause 4.6 exception to address the increased height noncompliance. The applicant’s amended Clause 4.6 exception is as follows:

 

“AMENDED Clause 4.6 – Exceptions to Development Standards

The Site is identified as having a maximum height of 12m (Zone M) under the RLEP 2012. The proposal seeks a maximum height of 12.55m, which is a minor variation of 0.55m located at the front of the building as shown in Figure 5.4. In accordance with Clause 4.6 Exceptions to Development Standards, a variation is sought to Clause 4.3 Height of Buildings. 

Figure 5.4 – Amended Variation to maximum building height

 

Clause 4.6 (3) states:

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.

 

Objectives

One aspect of the test regarding whether the application of the standard is unreasonable or unnecessary is whether, despite the non-compliance, the underlying objectives are still met. As demonstrated below, the proposed will satisfy the objectives of the building height development standard, despite the numerical non-compliances, as well as the objectives of the R3 Zone of the land.

 

Objectives of the R3 Medium Density Zone

Objective - To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development will be a residential flat building (RFB) which is permitted in the zone. The RFB will increase the housing stock in the Randwick LGA and provide housing in an accessible location.

 

Objective - 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.

The proposed will be compatible with the desired future character of the streetscape in the immediate vicinity and is consistent with the medium density environment.  The building steps in height as it responds to the slope of the land.  The variation to the height will not be so discernible as to result in the development being contrary to the zone objectives.

Retaining the existing view corridor was considered in the design process of the proposed building envelope.  The increased building height results from the design solution to improve the view sharing outcomes.  The amended building envelope has ensured a larger portion of the existing view corridor has been retained.

 

Objective - To protect the amenity of residents.

There will be minimal amenity impacts, if any, as a result of the roof exceeding the 12m height limit.  The height non-compliance will not cause unacceptable impacts on the amenity of neighbour in terms of overshadowing.  In contrast, a small variation to the height has allowed retention of views that would otherwise be lost by a compliant development.

 

Objective - To encourage housing affordability.

A variety of dwelling types will be provided.

 

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

The proposed development will be an RFB which is permitted in the zone. No other land uses are proposed.

 

Objectives of Building Height Development Standard

In this instance, the strict application of the above development standard is unreasonable and unnecessary given the minor nature of the variation and the proposal’s compliance with the objectives of Clause 4.3 Height of Buildings and the objectives of the R3 Zone.

The objectives of Clause 4.3 Height of Buildings under the RLEP 2012 are:

 

 (a)   to ensure that the size and scale of development is compatible with the desired future character of the locality,

(b)   to ensure that development is compatible with the scale and character of contributory buildings in a conservation area or near a heritage item,

(c)    to ensure that development does not adversely impact on the amenity of adjoining and neighbouring land in terms of visual bulk, loss of privacy, overshadowing and views.

 

The proposal satisfies the above objectives for the following reasons:

 

§  The proposal is for medium density housing, which is permissible in the R3 zone and consistent with the existing and desired future character of the area.

§  The building is compatible with the locality and appropriate with regard to the nearby heritage item as it is predominantly within the building limit, with only a small portion being non-compliant.

§  The proposal will have minimal impact on neighbour amenity, with negligible impacts to views, overshadowing or visual and acoustic privacy.

 

As previously demonstrated, the proposal entirely satisfies the objectives of the R3 zone. The proposed variation will enable a suitable redevelopment and achieve the objectives and standards of the locality. The variation will not result in any significant environmental impacts and in this case, strict compliance is considered unnecessary and unreasonable.

 

The design of the proposal contributes positively to the streetscape and public domain by incorporating massing, built form and landscaping to the street frontages and site boundaries.  The building height has been designed to provide a positive visual relationship and transition in line with existing developments in the locality.  The proposed height, bulk and scale are commensurate to the Site’s opportunities and with contemporary expectations for the zoning.  The development has been designed to minimise additional impacts on neighbours and reflect the future character, as outlined by the prescribed planning controls. It will not result in unreasonable overshadowing to adjoining private property, or unreasonable view impacts.

 

Are There Sufficient Environmental Planning Grounds

The assessment above demonstrates that the resultant environmental impacts of the proposal will be satisfactory. 

The proposed maximum variation to the development standard is 0.1m. The variation will enable a well-considered development to be provided that addresses the Site constraints, streetscape and relevant objectives of both the standards and the zone. The proposal will not result in any unreasonable amenity or environmental impacts.

 

The amendments to the built form will achieve a desirable outcome as the amended development provides a better environmental outcome than the original building envelope as the percentage of the view corridor retained is increased. The height flexibility has allowed the delivery of a built form that continues to achieve a scale at the interface with other sites that is expected from the local planning controls, while improving the view sharing outcome.

 

In this case, strict compliance with the development standard for maximum building height in the RLEP 2012 is unnecessary and unreasonable.

 

Public Interest

The amended variation to the height limit is in the public interest as it seeks to provide balanced outcomes between applicant’s and neighbours.  This is consistent with the objectives of the zone and development standard as it provides appropriate residential development in the R3 zone, with a built form that not only complements the streetscape and character of the area, but provides a better environmental outcome for all parties involved. “

 

The amended Clause 4.6 exception is well founded given that the noncompliance results in a better planning outcome in terms of view sharing and there are negligible impacts associated with the redistribution of building mass in the amended scheme in terms of amenity impacts when compared with a complying height. There are sufficient planning grounds for the variation having regard to the particular constraints of the site with its irregular configuration and steep topography. The increased height as a result of the amended scheme will also be consistent with the objectives of the height standard and the objectives of the R3 Zone. The analysis with regard to the clause 4.6 exception and the conclusions reached in the original assessment in terms of the acceptability of the breach are still valid in the context of the amended scheme. The area of the site where the increased height and building mass has occurred will not result in any adverse environmental amenity impacts in terms of visual bulk and scale, view loss, overshadowing, and loss of privacy. 

 

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 amended scheme is an improvement on the original proposal in terms of its view loss impacts whilst still continuing to be a development that is suitable for the site and consistent with Council’s Planning policies.

 

The application is recommended for approval.

 

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 Clause 4.3(2) of Randwick Local Environmental Plan 2012, relating to Height of Buildings, 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 & Environment be advised accordingly.

 

B.       That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/886/2014 for demolition of an existing dwelling house and construction of a 4 storey residential flat building comprising 3x3 bedroom dwellings, and 4 car spaces at 65 Howard Street, Randwick subject to the schedule of conditions outlined in this report:

 

GENERAL CONDITIONS                          

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Site Analysis – DA03 Ver. B

Habitat Architects

20 November 2015

Site Plan/Roof Plan – DA04A Ver. B

Habitat Architects

20 November 2015

Level 1 – DA05

Habitat Architects

No Date

Level 2 – DA06A Ver. A

Habitat Architects

20 November 2015

Level 3 – DA07B Ver. B

Habitat Architects

20 November 2015

Level 4 – DA08B Ver. B

Habitat Architects

20 November 2015

East Elevation South East– DA09C Ver. C

Habitat Architects

20 November 2015

Elevation - South– DA10B  Ver. B

Habitat Architects

20 November 2015

Elevation – North East– DA11C Ver. C

Habitat Architects

20 November 2015

Elevation North West – DA12C  Ver. C

Habitat Architects

20 November 2015

Section – Cross – DA13A Ver. A 

Habitat Architects

20 November 2015

Section – Long Folded – DA14b  Ver. B

Habitat Architects

20 November 2015

Strata Title Subdivision– DA17A Ver. A

Habitat Architects

20 November 2015

 

BASIX Certificate

No.

Dated

 

572246M_02

31 October, 2014

 

 

Amendment of Plans & Documentation

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

 

The following privacy measures are to be implemented:

a.     The bathroom windows to Apartments 2 and 3 on the north western elevation shall be of obscure glazing.

 

b.     The windows directly adjacent to the stair case to Apartment 2 (1 window) & apartment 3 (2 windows) shall be of obscure glazing.  The awning window shall open outward only sufficiently to allow airflow, and not to intrude on privacy.  

 

c.     Horizontal fixed louvres shall be provided within the opening of the north western side of the terrace balcony to Apartment 2. The privacy louvres shall be overlapped and angled to prevent overlooking of neighbouring dwelling. The privacy louvres must be constructed of metal or timber and the total area of any openings within the privacy louvre must not exceed 25% of the area of the louvre.  The privacy lourvres must be implemented prior to the issue of an occupation 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

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

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,700,334 the following applicable monetary levy must be paid to Council: $17,003,34.

 

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

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

 

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

 

Security Deposits

7.       The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $4,000.00  -      Damage / Civil Works Security Deposit

 

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

 

The developer/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 and other assets 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 Development Engineer upon issuing of an occupation certificate or completion of the civil works.

 

Sydney Water Requirements

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

 

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

 

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

 

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

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

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

Tree Protection Measures

9.       In order to ensure retention of the large and mature Araucaria heterophylla (Norfolk Island Pine, Tree 1) located in the front setback of the site, adjacent the northwest corner of the existing dwelling 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.       Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that an AQF Level 5 Arborist (must be a registered member of a nationally recognized organization/association) has been engaged as ‘the site Arborist’ for the duration of works, and must be present on-site at the relevant stages of works, and will be responsible for both implementing and monitoring the conditions of development consent and any recommendations of the Development Impact Assessment Report by Earthscape Horticultural Services, version 3, dated November 2014 (‘the Arborist Report’).

 

c.       The recommendations contained in Section 10 of the Arborists Report must be complied with at all times.

 

d.       The site Arborist must be present on-site at all relevant stages of works, and must keep a log of the dates of attendance and the works performed, which is to be presented as a Final Compliance Report, for the approval of the PCA, prior to the issue of any Occupation Certificate.

 

e.       In the event of any discrepancy between the Arborists Report and the conditions of consent, the site Arborist must contact Council’s Landscape Development Officer on 9399-0613 to reach agreement on the outcome before proceeding further with any site works.

 

f.        The Construction Certificate plans must confirm that the new building will be constructed at the offsets that are described in Appendix 4 – Impact Assessment Schedule, of the Arborists Report, being a minimum distance of 4.8m to the southwest of its trunk, and a distance of 5.3m to its southeast. 

 

g.       All demolition works performed within the 7.8m Tree Protection Zone (TPZ) radius as listed in Appendix 4 of the Arborists Report must be undertaken in accordance with Section 10.5 of the Arborists Report.

 

h.       All excavations within the 7.8m TPZ radius must be undertaken in accordance with Section 10.6 of the Arborists Report.

 

i.        Any excavations within the 7.8m TPZ radius associated with the installation of new services, pipes, stormwater systems or similar, must be performed in accordance with Section 10.7 of the Arborists Report.

j.        Any root pruning can only be performed by, or, under the direct supervision of, the site Arborist, and in accordance with Section 10.2 of the Arborists Report.

 

k.       A flexible system such as localized pad footings must be used for the proposed timber deck that is shown off Apartment 1, and are to be located away from any roots encountered, with this structure also needing to be elevated above existing ground levels.

 

l.        In order to avoid/minimize root damage, and where recommended by the site Arborist, suspended or cantilevered footings such as pier and beam must be used in place of more traditional deep edge beams or continuous strip footings.

 

m.      Where scaffolding is required within the 7.8m TPZ, it must be restricted to 900m in width, and comply with Section 10.13, and Figure 5 of the Arborists Report.

 

n.       The 7.8m TPZ radius of this tree must be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, as detailed at Section 10.3 of the Arborists Report, and must completely exclude the tree for the duration of works.

 

o.       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 that complies with Section 10.4 of the Arborists Report must be clearly displayed and permanently attached.

 

p.       In order to prevent soil/sediment being washed over its root system, erosion control measures must also be provided at ground level around the perimeter of the fenced off protection area.

 

q.       Where additional trunk or branch protection is required, this shall comprise layers of wrapped geo-textile, underfelt or Hessian, to which, lengths of hardwood timber battens shall be placed around their circumference, which are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

 

r.        Any changes to existing ground levels must comply with Section 10.9 of the Arborists Report, with the area surrounding the tree, fronting St Pauls Street, to remain as undisturbed, deep soil.

 

s.       Where ground protection is required it shall comprise strapped together rumble boards, plywood or similar, over a 50mm layer of woodchip mulch, and must remain in place for the duration of works, until such time as the approved landscaping is being installed. Refer also to point 4.5.3 & Figure 4 of AS 4970 – 2009: Protection of trees on development sites.

 

t.        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.

 

u.       The PCA must ensure that all of these measures are complied with, both on the plans as well as on-site during the course of construction, and prior to issuing any type of Occupation Certificate.

 

Protection of neighbours trees

10.     In order to also ensure retention of the two Acmena smithii (Lilly Pillies, T5 & T7), and Eleaocarpus reticulatus (Blueberry Ash) located wholly on the adjoining property to the west, 14E Dudley Street, against the common boundary in good health, the following measures are to be undertaken:

 

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

 

b.       Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that an AQF Level 5 Arborist (must be a registered member of a nationally recognized organization/association) has been engaged as ‘the site Arborist’ for the duration of works, and must be present on-site at the relevant stages of works, and will be responsible for both implementing and monitoring the conditions of development consent and any recommendations of the Development Impact Assessment Report by Earthscape Horticultural Services, version 3, dated November 2014 (‘the Arborist Report’).

 

c.       The recommendations contained in Section 10 of the Arborists Report must be complied with at all times.

 

d.       The site Arborist must be present on-site at all relevant stages of works, and must keep a log of the dates of attendance and the works performed, which is to be presented as a Final Compliance Report, for the approval of the PCA, prior to the issue of any Occupation Certificate.

 

e.       In the event of any discrepancy between the Arborists Report and the conditions of consent, the site Arborist must contact Council’s Landscape Development Officer on 9399-0613 to reach agreement on the outcome before proceeding further with any site works.

 

f.        All demolition works performed within the 2m Tree Protection Zone (TPZ) radius as listed in Appendix 4 of the Arborists Report must be undertaken in accordance with Section 10.5 of the Arborists Report.

 

g.       All excavations within the 2m TPZ radius must be undertaken in accordance with Section 10.6 of the Arborists Report.

 

h.       Any root pruning can only be performed by, or, under the direct supervision of, the site Arborist, and in accordance with Section 10.2 of the Arborists Report.

 

i.        In order to avoid/minimize root damage, and where recommended by the site Arborist, suspended or cantilevered footings such as pier and beam must be used in place of more traditional deep edge beams or continuous strip footings.

 

j.        Where additional trunk or branch protection is required, this shall comprise layers of wrapped geo-textile, underfelt or Hessian, to which, lengths of hardwood timber battens shall be placed around their circumference, which are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

 

k.       Where ground protection is required it shall comprise strapped together rumble boards, plywood or similar, over a 50mm layer of woodchip mulch, and must remain in place for the duration of works, until such time as the approved landscaping is being installed. Refer also to point 4.5.3 & Figure 4 of AS 4970 – 2009: Protection of trees on development sites.

 

l.        Within the 2m TPZ radius, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

m.      The PCA must ensure that all of these measures are complied with, both on the plans as well as on-site during the course of construction, and prior to issuing any type of Occupation Certificate.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

11.     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).

 

12.     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

13.     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

14.     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.

 

Traffic conditions

15.     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.

 

16.     The vehicular access driveway (including grades), aisle widths, carspace dimensions (including carstacker) and overhead clearances are to be in accordance with the requirements of Australian Standard S2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

Design Alignment levels

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

 

Howard Street Frontage

·      Match the back of the existing footpath.

 

Howard Place Frontage

·      Match the existing bitumen roadway.

 

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.

18.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1178 calculated at $50.00 (inclusive of GST) per metre of Howard Street site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

       

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

 

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

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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.

 

21.     With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

22.     The written approval of Council is required to be obtained in relation to all drainage and infrastructure works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a professional engineer is to be provided to Council upon completion of the works.

 

Relevant Council Assessment and Inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

23.     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 in front of the subject site in Howard Street; or

 

ii. Directly into Council’s underground drainage system located in Dudley Street via a new kerb inlet and/or junction pit.

 

c.      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 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

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

 

d.      Determination of the required cumulative storage (in the on-site detention and) 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.

 

e.      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.

 

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

 

g.      Any new kerb inlet pits (constructed within Council’s road reserve) are to be constructed generally in accordance with Council’s standard detail for the design of kerb inlet pits (drawing number SD6 which is available from Council).

 

h.      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.

 

i.       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.

 

j.      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).

 

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

 

o.      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.

 

p.      Any onsite detention systems shall be located in areas accessible by residents of all units.

 

Site seepage

24.     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 seepage water to drain around the basement level (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

25.     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.

 

26.     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 Plan

27.     The Certifying Authority/PCA must ensure that the Landscape Plan submitted as part of the approved Construction Certificate is substantially consistent with the Landscape Plan by Michael Zinn, dwg 965-01, dated November 2014.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

28.     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.

 

Home Building Act 1989

29.     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

30.     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.

 

Construction Site Management Plan

31.     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

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

 

The Demolition Work Plan must 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

33.     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

34.     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

35.     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 Howard Street  for the duration of the demolition & construction works. 

 

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

 

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

 

36.     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.

 

        Public Utilities

37.     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.

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

39.     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

40.     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

41.     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

42.     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

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

 

Sediment & Erosion Control

44.     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

45.     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

46.     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

47.     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

48.     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

49.     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

50.     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

51.     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

52.     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.

 

Traffic Management

53.     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.

 

54.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

55.     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.

 

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

 

        Tree Management

57.     Approval is granted for removal of the Brachychiton acerifolius (Illawarra Flame Tree, Tree 8) located in the southern side setback, about halfway along the length of the Howard Street frontage, as it is already exempt from Council’s DCP due to its location within 2 metres of the existing building, and will also be in direct conflict with the proposed works and landscape treatment in this same area as shown.

 

Pruning

58.     Permission is granted for the minimal and selective pruning of only those lower growing branches from the southwest and southeast aspects of the large Araucaria heterophylla (Norfolk Island Pine) that is located in the front yard of the subject site, near the northwest corner of the existing dwelling, only where needed in order to avoid damage to the tree; or; interference with the temporary scaffolding or approved works.

 

59.     Permission is also granted for the minimal and selective pruning of only those lower order branches from the eastern aspects of the two Acmena smithii (Lilly Pillies, T5 & T7), as well as the Elaeocarpus reticulatus (Blueberry Ash, T6) which are all located wholly within the adjoining private property to the west, 14E Dudley Street, against the common boundary, only where needed in order to avoid damage to the trees; or; interference with the temporary scaffolding or works.

 

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

 

61.     All pruning can only be undertaken by, or directly under the supervision of the site Arborist, to the requirements of 10.10 of the Arborist Report, as well as Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

62.     Prior to commencing any pruning of the Norfolk Island Pine, the site Arborist must firstly contact Council’s Landscape Development Officer on 9399-0613 (giving at least 2 working days notice) to arrange a joint site meeting, to determine the exact location and extent of pruning that is permissible, with the Arborist required to comply with any instructions issued by Council’s Officer.

 

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

63.     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

64.     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

65.     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

66.     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

67.     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

68.     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.

 

69.     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.

 

Swimming & Spa Pools

70.     Swimming pools are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.

 

The swimming pool is to be surrounded by a child-resistant barrier (e.g. fence), that separates the pool from any residential building (as defined in the Swimming Pools Act 1992) that is situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with Australian Standard AS 1926.1 – 2012 (Swimming Pool Safety Part 1 - Safety Barriers for Swimming Pools).

 

Gates to pool area must be self-closing and latching at all times and, the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

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

 

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

 

Note:  This development consent does not approve the design and location of swimming pool fencing and other swimming pool safety barriers. Swimming pool fencing and other safety barriers are required to comply with the Swimming Pools Act 1992, Swimming Pools Regulation 2008 and relevant Standards. Details of compliance are required to be incorporated into the plans and specifications for a Construction Certificate, to the satisfaction of the Certifying Authority.

 

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

 

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

 

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

                 

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

 

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

 

Notification of Swimming Pools & Spa Pools

72.     The owner of the premises must ‘register’ the swimming pool [or spa pool] on the NSW Swimming Pool Register, in accordance with the Swimming Pools Amendment Act 2012.

 

The Swimming Pool Register is administered by the NSW Government, Department of Premier & Cabinet, Division of Local Government and registration on the Swimming Pool Register may be made on-line via their website www.swimmingpoolregister.nsw.gov.au. 

 

Registration must be made prior to the issue of an Occupation Certificate for the pool and a copy of the NSW Swimming Pool Certificate of Registration must be forwarded to the Principal Certifying Authority and Council accordingly.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

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

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 minimum 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.

 

74.     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.

 

75.     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

76.     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 of an Occupation Certificate or Strata Certificate, whichever the sooner.

 

Undergrounding of Power

77.     The applicant must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Howard Place and the development site to an underground UGOH connection. Suitable easements shall be created as required.

 

Stormwater Drainage

78.     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 on 9399-0881.

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.

 

79.     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).

 

80.     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.

 

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

 

Easement for Parking/Right of Way

82.     The terms of the existing ‘Easement for Parking’ shall be modified or the easement is to be converted to a Right of Way to allow for the proposed development on the land owned by 96-98 St Pauls Street (SP 79691). Such modification shall be registered on the title of the subject properties prior to the issuing of an occupation certificate.

 

Landscaping

83.     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 Plan by Michael Zinn, dwg 965-01, dated November 2014;

 

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

 

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

 

Final Compliance Report - Site Arborist Certification

86.     Prior to the issue of any Occupation Certificate, the site Arborist must submit to, and have approved by, the PCA, written certification which confirms compliance with the conditions of consent and Arborists Report Recommendations; the dates of attendance on-site and the works performed/supervised, relating to retention of the Norfolk Island Pine (T1)located within the subject site, as well as the neighbours Lilly Pillies (T5 & T7) and Blueberry Ash (T6) which are located wholly on the adjoining private property at 14E Dudley Street.

 

Waste Management

87.     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.

 

88.     The waste storage areas shall be clearly signposted.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

 

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

 

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

 

89.     A formal application for a strata certificate is required to be submitted to and approved by Council or an accredited certifier and all relevant conditions of this development consent are required to be satisfied.

 

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

 

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

 

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

 

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

 

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

 

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

 

95.     The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

 

OPERATIONAL CONDITIONS

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

 

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

 

Fire Safety Statements

96.     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.

 

Environmental Amenity

97.     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.

 

98.     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

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

 

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.

 

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

 

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

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

 

A16    Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

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

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

 

A17    Council’s assessment of this application does not include an assessment of compliance with the Swimming Pool Act 1992.  All pool barriers, fences and structures within properties containing a swimming pool must comply with the requirements of the Swimming Pool Act 1992, BCA and relevant Australian Standards.

 

Details of compliance with the Swimming Pool Act 1992, Building Code of Australia and relevant Standards must be included in the Construction Certificate to the satisfaction of the Building Certifier.

 

A18    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.

 

A19    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.

 

A20    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 - 65 Howard Street, Randwick on 22 September 2015

Included under separate cover

2.

DA Compliance Report - 65 Howard Street, Randwick

Included under separate cover

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

RCC LOGO_Stacked_COLOUR_RGB

Director City Planning Report No. CP71/15

 

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

Folder No:               DA/266/2015

Author:                    Kerry Kyriacou, Manager Development Assessment     

 

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

 

Introduction

The proposed development at 131 Mount St, Coogee was considered at the Ordinary Council Meeting held on 24 November 2015. At that meeting it was resolved;

 

“(Matson/Roberts) that the matter be deferred for mediation to address issues including the bulk and scale of the proposal, noise, privacy, shadow impacts, solar access, parking and other amenity impacts on the neighbour immediately to the south.”

 

A mediation session usually takes between 3-4 weeks to organize depending on the number of participants. Council makes all endeavours to provide reasonable notice to the parties of the mediation and as a minimum, Council’s Mediation Policy requires 14 days notices to the participants. As such, a mediation cannot be organised prior to the last Council meeting of the year.

 

The Applicant has advised Council that as a mediation session is unable to be held in time to allow for the application to be considered at the 8 December Ordinary meeting, and that a determination of the application could not be made until at the very earliest February 2016, they do not wish to participate in mediation and would like Council to reconsider the application.

 

The Applicant has also submitted amendments to the scheme in order to further minimise impacts on neighbouring residents.

 

Issues

 

The Applicant has proposed the following amendments to the scheme:

 

•      The southern wall of Unit 5 Upper has been moved northward by 1500mm for the entire extent of Level 3. This increases the southern setback of this wall to a total of 4m from the southern boundary. The stairway from Unit 5 lower to Unit 5 upper will then be reconfigured to provide access. This will reduce the bulk of the building form as seen from both Mount Street and the neighbouring properties, especially 133 and 135 Mount Street. The amendment is shown in plan in Attachment 1. The final design may be subject of an appropriate condition of consent – see Section 3.0 of this letter.

 

•      The solid balcony walls of Unit 6 have been deleted – in their place will be lighter, vertical louvred screens, which will retain the same level of privacy as the solid walls. The amendment is shown in plan in Attachment 1. The final design may be subject of an appropriate condition of consent – see Section 3.0 of this letter.

 

•      The open timber screens of the lobby have been doubled up with fixed obscure acoustic glazing, which will reduce the potential privacy impacts of overlooking onto the neighbour at 133 Mount Street (see drawings 4 and 5 on DA-001).

 

•      The fixed obscure acoustic glazing behind the timber screens of the lobby (as discussed above) will minimise noise from the lobby.

 

•      The full height timber screens to the lobby, combined with the acoustic obscure glazing behind are to be conditioned to reduce light spill, achieved through the detailed design of these screens/glazing.

 

•      Lighting for the lobby area will be triggered by motion sensors, and will be on a timer, so that the lights within the lobby are only activated when an occupant is within the lobby (already conditioned by Council).

 

•      Additional screening is proposed as a condition along the southern wall of the pedestrian entry.

 

•      One additional car parking space has been provided. The development is fully compliant with the Council’s DCP. The additional space is in the form of a car stacker for space number 7 in the lower part of the basement floor plan. The car stacker specified is a Car Stacker International N4902, or equivalent.

 

The amendments result in a reduced FSR of 0.87:1 and are indicated in the figures below.

Figure 1:    Amended upper level at front of building by increasing setback from southern boundary.

Figure 2: Deletion of solid balcony walls to unit 6 at rear.

Figure 3: Proposed new car stacker.

 

The substantive amendments relating to the increased setback of upper level at the front of the proposed building will lessen the impact of overshadowing to the properties to the south and the additional car space will allow numerical compliance with the requirements of Council’s DCP.  Should Council wish to grant development consent, appropriate conditions could be included to incorporate the proposed amendments to the built form and carparking provision.

 

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 Applicant has advised Council that as a mediation session is unable to be held in time to allow for the application to be considered at the 8 December Ordinary meeting, and that a determination of the application could not be made until at the very earliest February 2016, they do not wish to participate in mediation and would like Council to reconsider the application.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/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:

 

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-100 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-101 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-102 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-103 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-104 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-105 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-106 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-107 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-201 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-202 Revision B

Bureau SRH

02.07.15

23 July 2015

DA-301 Revision B

Bureau SRH

02.07.15

23 July 2015

 

BASIX Certificate No.

Dated

Received by Council

623680M

22 April 2015

27 October 2015

 

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.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Security Intercom System

4.       Acoustic details of the proposed security intercom system must be provided to the satisfaction of council prior to the issue of a construction certificate.

 

External Colours, Materials & Finishes

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

 

External materials, finishes and colours of the building are required to match, as closely as possible, the existing building and any metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

 

b)     Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,694,554 the following applicable monetary levy must be paid to Council: $16,945,54.

 

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

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

 

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

 

Security Deposit

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

 

·           $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

9.       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 Protection Measures

10.     In order to ensure retention of the Banksia integrifolia (Coastal Banksia, Tree 7) located on the Mount Street verge, to the south of the existing/proposed vehicle crossing 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, including its Tree Number from the Arboricultural Impact Assessment by Redgum Horticultural Consultants, ref 1246, dated 7 April 2015 (‘the Arborist Report’).

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property can only be located along either of the sites side boundaries; or, against either side of the new crossing.

 

c.       The recommendations contained in part 7.0 of the Arborist Report must be complied with.

 

d.       Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that an AQF Level 5 Arborist (must be a registered member of a nationally recognized organization/association) has been engaged as ‘the site Arborist’ for the duration of works, to be present on-site at the relevant stages of works, and will be responsible for both implementing and monitoring the conditions of development consent and any recommendations of the Arborist Report.

 

e.       The site Arborist must keep a log of the dates of attendance and the works performed, which is to be presented as a Final Compliance Report, for the approval of the PCA, prior to the issue of any Occupation Certificate.

 

f.        In the event of any discrepancy between the Arborists Report and the conditions of consent, the site Arborist must contact Council’s Landscape Development Officer on 9399-0613 to reach agreement on the outcome before proceeding further with any works.

 

g.       The Construction Certificate plans must show that the southern edge of the new vehicle crossing/basement entry ramp will be offset a minimum distance of 5.8m (as is shown on Ground Floor Plan DA-103) measured off the outside edge of its trunk at ground level, with the PCA to ensure that that this requirement is complied with on-site.

 

h.       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 2.6 metres to its north and south (measured off the outside edge of its trunk at ground level), matching up with the back of the kerb to its west, and pedestrian footpath to its east, in order to completely enclose this tree for the duration of works.

 

i.        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".

 

j.        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.

 

k.       The applicant is not authorised to perform any works to this tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary. If approval is given, it can only be performed by Council, wholly at the applicants cost, with payment to be received prior to the issue of an Occupation Certificate.

 

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

m.      A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 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 any 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.

 

Protection Measures for neighbours trees

11.     In order to ensure retention of the Celtis occidentalis (Nettle Tree, T3), as well as the two large Corymbia citriodora (Lemon Scented Gums, T4-5) all located in the  rear yard of the adjoining private property to the south, 133 Brook Street, close to the common boundary in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these trees, with the position and diameter of both their trunks and canopies to be clearly and accurately shown on all plans in relation to the proposed works, including their Tree Numbers taken from the Arborist Report.

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar must not extend beyond the southern wall of the new building, as is shown on the Concept Stormwater Plan Basement by AJK Design, ref 1509/1.2-A, issue A, dated 17.04.15.

 

c.       The recommendations contained in part 7.0 of the Arborist Report must be complied with.

 

d.       The site Arborist (referred to ‘Street Tree Protection’ condition above) must be present on-site at the relevant stages of works, and must keep a log of the dates of attendance and the works performed, which is to be presented as a Final Compliance Report, for the approval of the PCA, prior to the issue of any Occupation Certificate.

 

e.        In the event of any discrepancy between the Arborists Report and the conditions of consent, the Arborist must contact Council’s Landscape Development Officer on 9399-0613 to reach agreement on the outcome.

 

f.        All Construction Certificate plans must show that the southern wall of both the basement and ground levels, at the eastern end of the building, adjacent these trees, will be offset a minimum distance of 2600mm from the southern site boundary, as is shown on Proposed Basement Floor Plan, dwg DA-102, and Proposed Ground Floor Plan, dwg DA-103 respectively, with the window projections to be offset a minimum distance of 2100mm.

 

g.       All Construction Certificate plans must show that the southern wall of the basement will be constructed using a system such as contiguous bored piers, sheet piling or similar that will not involve any bulk earthworks and excavations beyond the finished location of these walls, with the PCA to ensure that this requirement is complied with on-site as part of construction.

 

h.       All Construction Certificate plans must show that any works associated with that part of the Ground Level which will encroach within any of their TPZ’s, as identified in Table 2.0 of the Arborist Report, will be constructed using a pier and beam/cantilevered type footing and suspended slab, with suitable details confirming compliance to be provided, to the satisfaction of the Certifying Authority/PCA.

 

i.        Prior to commencing any works associated with construction of footings or similar for the southern wall of the ground level, an initial trench must firstly be dug by hand, only by the site Arborist, within the radius of each of their TPZ’s, to a minimum depth of 600mm, without damaging any roots in the process. No motorized machinery can be used for this component.

 

j.        Where major roots with a diameter of more than 75mm are encountered in this area, the site Arborist must ensure they are retained in-situ, with any footings to be located around/away from them to allow their preservation.

 

k.        Where roots with a diameter of less than 75mm are found which are in direct conflict with the works, they may be pruned cleanly by hand, only by the site Arborist, with the affected area to be backfilled with clean site soil as soon as practically possible. Roots are not to be left exposed to the atmosphere.

 

l.        The area between the southern site boundary and southern wall of the building, within the extent of their TPZ’s, must be retained as a porous/permeable treatment, as is shown on the Landscape Plan, dwg 15710 LS-03, issue C, dated 13/04/15.

 

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

 

n.       Any new common boundary fencing within their TPZ’s can be supported on localized pad footings only, with excavations to be initially dug by hand, by the site Arborist, with footings to be positioned around any roots encountered.

 

o.       Ground protection comprising a minimum 50mm layer of mulch, over which, strapped together rumble boards, plywood or similar shall be placed, for the extent of each of their TPZ’s, during the course of works.

 

p.       These trees are also to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located in accordance with Appendix F – Site Plan B of the Arborists Report, in order to completely exclude them for the duration of works.

 

q.       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".

 

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

 

s.       Within the fenced off zones, 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.

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Traffic conditions

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

 

14.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of Australian Standard 2890.1:2004 except when varied by the approved plans.  The Construction Certificate plans must demonstrate compliance with these requirements.

 

Design Alignment levels

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

 

·       Match the back of the existing footpath, along the full site frontage.

 

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

 

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

 

16.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $674 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.

 

17.     The gradient of the internal access driveway must be designed and constructed in accordance with the approved plans and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

Stormwater Drainage & Flood Management

18.     Windows, vents and other openings into the basement carpark (excluding the driveway opening) are to be located at least 300 mm above the natural ground level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

NOTE: This includes the openings at the rear of the basement which may be passage for overland flow to enter the basement in the event of an extreme storm and must be suitably protected.

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

20.     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 either:

 

i.     By gravity to the kerb and gutter in Mount Street

 

ii.    By gravity to Council’s street drainage system located in Bay street via a private drainage easement through adjoining land/premises; or

 

iii.   To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions at the location of the proposed infiltration pit are suitable for a infiltration system),

 

iv.   To the kerb and gutter in Mount Street via a pump-out system.

 

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

 

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

 

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

 

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

 

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

 

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

 

f)      Should a pump-out 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)      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.

 

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

 

l)      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/pump-out system.

 

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

 

n)     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the 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/pump-out systems shall be located in areas accessible by residents of all units.

 

Site seepage and Ground Water

21.     The proposed development must comply with following requirements to adequately manage site seepage and sub-soil drainage:

 

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 seepage/ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the seepage/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.

 

22.     Details of the proposed connection and or disposal of any site seepage, groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineering Coordinator, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

Details must include the following information:

 

·       Site plan

·       Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·       Volume of water to be discharged

·       Location and size of drainage pipes

·       Duration, dates and time/s for the proposed works and disposal

·       Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·       Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·       Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·       Details of compliance with any relevant approvals and licences

 

Waste Management

23.     Waste Management provisions must be implemented in accordance with the Waste Management Plan submitted with the development application (Prepared by Bureau SRH Architects  dated 20-05-2014), subject to the following  additional information and/or amendments which is required to be submitted to and approved by Council’s Director of City Planning.

 

·      Full details of demolition and construction waste, including materials to be re-used or recycled.

·      Full details of the proposed recycling and waste disposal contractors.

·      Waste storage facilities and equipment.

·      Access and traffic arrangements.

 

24.     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.

 

Driveway Design

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

 

BASIX Requirements

26.     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.

 

Landscape Plan

27.     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 Greenplan, LS-01 – 02, issue A; LS-03, issue C; and LS-04, issue B, all dated 13/4/15.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Site consolidation

34.     The subject site comprising of Lots 1 & 2 in DP 1096453 shall be consolidated via a new Plan of Survey. The Plan of Consolidation shall be registered at NSW Land Property Information prior to the commencement of basement construction. 

 

Construction Traffic Management

35.     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 Mount Street for the duration of the demolition & construction works. 

 

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

 

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

 

36.     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.

 

37.     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

38.     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.

 

39.     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 Plan

40.     Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that the Landscape Plans by Greenplan, LS-01 – 02, issue A; LS-03, issue C; and LS-04, issue B, all dated 13/4/15, have been amended to include the following requirements:

 

a)       Despite being shown for retention on the plans, the Pittosporum undulatum (Native Daphne, T2), located in the rear yard, halfway across the width of the rear/eastern site boundary must be removed as part of the works as this species is listed as a naturalized weed in Appendix B5-1 of Council‘s DCP, so is not associated with high quality residential developments;

 

b)       As the site and development would benefit more from new, more desirable and long-lived replacement planting, the Landscape Plan must be amended to show at least 2 x 100 litre (pot/bag size at the time of planting) trees (not palms) spaced evenly across the rear boundary, selecting feature species that will achieve a minimum height of 6 metres at maturity.

 

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.

 

Road/Asset Opening Permit

41.     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

42.     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

43.     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.

 

44.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

45.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

46.     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.

 

          Tree Removal

47.     Approval is granted for removal of the following trees from within the subject site:

 

a)       The mature Frangipani (T6) in the front yard, adjacent the northwest corner of the existing dwelling, as it is not significant in anyway, so as to accommodate the proposed works and replacement planting in this same area as shown;

 

b)       In the rear yard, along the northern site boundary, the Cinnamomum camphora (Camphor Laurel, T1), as despite being the most established tree at this site, is recognized as an environmental weed; has a major, open wound from a past failure on the northern side of its central leader; and is also in direct conflict with all levels of the proposal, with a re-design not possible as this would only impact on other trees on neighbouring sites that must be protected;

 

c)       Further to its east, about halfway across the width of the rear/eastern site boundary, the Pittosporum undulatum (Native Daphne, T2), as despite being shown for retention as an existing site feature, is actually recognized as an undesirable, naturalised weed (listed in Appendix B5-1 of Council’s DCP), so is not associated with high quality residential developments.

 

d)       The already dead tree in the rear yard, along the southern site boundary, closest to the southeast corner of the existing dwelling.

 

NOTE: Refer to the ‘Landscape Plan’ condition earlier in this report for replacement tree planting requirements.

 

Pruning of neighbours trees

48.     Permission is granted for minimal and selective pruning from the northern aspects of the following trees, which are growing wholly in the rear yard of the adjoining private property at no.133, close to the common boundary, only where they overhang the common boundary, above the subject site, and need to be pruned in order to avoid damage to the trees; or; interference with the approved works:

 

a)       The 2nd order leader growing to the northwest from the northern aspect of the Celtis occidentalis (Nettle Tree, T3);

 

b)       Only those lower order branches in the upper crowns of the two Corymbia citriodora (Lemon Scented Gum, T4-5), only where needed so as to avoid conflict with the basement piling rig, scaffolding, southern side of the approved building or similar.

 

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

 

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

 

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.

 

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

 

Site Signage

52.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

54.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·           Work Health & Safety Act 2011 and Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997 and Regulations

·           Relevant EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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 are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

58.     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.

 

59.     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.

 

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

 

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

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

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

·      as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

61.     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

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

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

c)      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.

 

66.     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.

 

67.     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

68.     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.

 

Undergrounding of Power

69.     The owner/developer shall meet the full cost for Ausgrid to relocate the existing overhead power feed between the nearest mains distribution pole in Mount street and the development site to an underground (UGOH) connection.

 

Stormwater Drainage

70.     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/pump-out system is maintained and that no works which could affect the design function of the detention/pump-out system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

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

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

 

71.     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).

 

72.     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.

 

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

 

Landscaping

74.     Prior to the issue of any Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Landscape Plans by Greenplan, LS-01 – 02, issue A; LS-03, issue C; and LS-04, issue B, all dated 13/4/15, and any relevant conditions of consent.

 

75.     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.

 

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

 

        Tree Protection Certification

77.     Prior to the issue of any Occupation Certificate, written certification from the site Arborist must be submitted to, and be approved by, the PCA, confirming that the Tree Protection Measures specified in this development consent, as well as the recommendations from the Arborists Report, and any other instructions issued on-site, were complied with throughout the course of works.

 

Waste Management

78.     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.

 

79.     The waste storage areas shall be clearly signposted.

 

Parking

80.     All parking spaces including motorbike spaces and bicycle racks must be fully provided in

accordance with the approved documentation and relevant requirements. 

 

Lighting

81.     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.

 

Signage

82.     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.

 

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.

 

Stormwater Detention/Infiltration  System

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

 

Residential Parking Permits

84.     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.

 

85.     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.

 

External Lighting

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

 

Plant & Equipment

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

 

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

 

Air Conditioners

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

 

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

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

 

 

 

ADVISORY NOTES

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $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      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A3      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.

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A9      Smoke alarms are required to be installed in all residential dwellings, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia.  Details should be included in the construction certificate application.

 

A10    Demolition work and removal of asbestos materials:

 

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

 

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

 

A11    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

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

 

 

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.

 

 

Attachment/s:

 

1.

Executive Summary Report for 131 Mount Street, Coogee on 24/11/2015

Included under separate cover

2.

DA Compliance Report - 131 Mount Street, Coogee on 24/11/2015

Included under separate cover

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

RCC LOGO_Stacked_COLOUR_RGB

Director City Planning Report No. CP72/15

 

Subject:                  9 Glenwood Avenue, Coogee (DA/203/2015)

Folder No:               DA/203/2015

Author:                    Louis Coorey, Senior Environmental Planning Officer     

 

Proposal:                 Alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level and rear two storey additions comprising 7 units and basement parking for 6 vehicles, associated site and landscape works

Ward:                      East Ward

Applicant:               Mr T Thomas

Owner:                    Mr T O Thomas

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee as the cost of works exceeds $2 million.

 


 

Proposal

 

Alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level to the existing building envelope with hipped roof and new rear two storey addition to the north. The whole of the development comprises 7 units and basement parking for 6 vehicles. Associated site and landscape works are also proposed. The proposal also seeks strata subdivision.

 

The proposal seeks three units on ground and first floor level: Units 1, 2 & 3 are 2 bedroom units

First floor level: Units 4, 5 & 6 are 2 bedroom units

Second floor level: Unit 7 is a 3 bedroom unit.

 

The proposed development

 

·      Amended plans:

 

The applicant has submitted amended plans addressing Council’s issues with the original proposal relating to the western side setback, proposed floor space ratio exceeding the limit under the RLEP 2012, parking and potential for flooding. The latest set of amended plans received by Council on 16 October 2015 is the subject of assessment inclusive of a roof plan received by Council on 19 August 2015.

 

The amendments made during the assessment of the application include:

 

·      Increase western side boundary setback of the northern addition (alongside the rear of properties facing Mount Street) to 3m to meet minimum 3m side setback control under Section 3.3.2 of Part C2 Medium Density Residential under the Randwick Development Control Plan (RDCP) 2013.

·      Reduction in the size of the upper level terrace

·      Increase in clearance to the semi-basement car park without an increase in the overall height of the additions to the north

·      Reduction in the floor space ratio to comply with the 0.9:1 maximum standard under Clause 4.4 of the Randwick Local Environmental Plan (RLEP 2012).

 

·       Additional detail

 

The applicant also submitted an amended Parking study and a new flood report for assessment.

 

Site

 

The site is located in amongst built-up blocks of mostly Residential Flat Buildings (RFB’s) within Glenwood Avenue (a cranked/dog leg cul-de-sac). The site sits at the southern ankle end of the street oriented in a north-south direction at the ankle of the main part of the street that runs off Dolphin Street to the north – see aerial photo above. The site is of a regular rectangular shape having an eastern boundary length of 40.38m with an 11m portion of the eastern boundary at the northern end of the site having a direct frontage to Glenwood Avenue.

 

The site has a total area of approximately 575.4sqm and contains a two storey flat building at the southern end of the site. The flat building comprises 4 x 2 bedroom units– see aerial photo above and photos 1 and 2 below. Photo 2 shows the frontage provides driveway access to a four car garage which is in a dilapidated state with internal widths that do not meet the minimum requirements for car spaces under the Australian Standards and generally difficult to maneuver.

 

The northern boundary of the site has a length of 14.295m running along the side of No. 8 Glenwood Avenue. The eastern boundary adjoins No. 10 Glenwood Avenue contains a two storey flat building with a substantial footprint – a characteristic of most flat buildings within Glenwood Avenue. The western side boundary runs along the rear boundary of properties fronting Mount Street from No. 77-79 at the northern end of the site down to No. 87 Mount Street at southern end of the site. The Mount Street properties contain a mixture of semi-detached dwellings and flat buildings whose rear elevations are substantially higher than their front elevations which is due to the sites topography that falls from street level to their rear boundaries facing the subject site. This generally means their habitable ground levels at the rear elevated above rear yards.

 

Photo 1: Subject site and adjoining flat buildings at No. 8 and No. 10 Glenwood Avenue.

 

Photo 2: Subject site showing the four (4) car garage located at the northern end of the site. Photo also shows the rear elevation of the RFB at No. 77-79 Mount Street and the top of the RFB at 81-83 Mount Street both of which have made submissions to Council.

 

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:

 

·      2/6 Abbey Street, Randwick

·      78 Dolphin Street, Coogee

·      3/5 Glenwood Avenue, Coogee

·      5 Glenwood Avenue, Coogee

·      1/6 Glenwood Avenue, Coogee

·      1/7 Glenwood Avenue, Coogee

·      3/7 Glenwood Avenue, Coogee

·      1/8 Glenwood Avenue, Coogee (including submission from Cowman Stoddart Pty Ltd on behalf of owners)

·      2/8 Glenwood Avenue, Coogee

·      3/8 Glenwood Avenue, Coogee

·      3/10 Glenwood Avenue, Coogee

·      4/10 Glenwood Avenue, Coogee

·      10 Glenwood Avenue, Coogee

·      77-79 Mount Street, Coogee

·      3/81-83 Mount Street, Coogee

·      85 Mount Street, Coogee

·      87 Mount Street, Coogee

·      Coogee Precinct Committee

 

·      Issue: The proposed development will result in added pressure on the availability of parking within Glenwood Avenue and the surrounding area.

 

·      Issue: The Parking study is flawed as there are no parking spaces available within the Glenwood Avenue

Comment: Part B7 Transport, Traffic, Parking and Access of the RDCP 2013 Section 3.2 Vehicle Parking Rates sets out the requirements for parking in that where development comprises an extension, modification or change of use to an existing development, Council will generally only require that additional parking be provided to cater for the additional demands arising from increases in floor space or changes in use which results in a parking short fall of two spaces. Council’s Development Engineer has reviewed the original parking study and identified deficiencies in the survey. An amended parking study was received by Council addressing the issues raised by Council’s Development Engineer. In brief, Council’s Development Engineer acknowledges that there is significant demand for parking spaces within Glenwood Avenue. However, it is also noted that there are currently Sydney Water works along Dolphin Street in very close proximity to Glenwood Avenue which has resulted in the loss of on-street parking spaces and the inability to conduct a survey of all spaces available. The proposal provides (and conditioned to provide) additional motorcycle parking/bicycle parking and allocates one car space for six of the seven units. The proximity to car share spaces, a regular public transport service and the Coogee Town Centre will all contribute to a lesser demand for vehicles ownership and use.

 

·      Issue: Increased traffic

Comment: The proposed development will result in increased traffic however the street is readily able to absorb the traffic demand created by three additional units. It is further noted that relocating the parking to the basement level will allow for cars to enter and exit the site in a forward direction which will be a marked improvement on the current configuration which requires cars to reverse out of driveways with limited space compromising safe movement within Glenwood Avenue.

 

·      Issue: The proposed development will be inconsistent with the character of the established art deco character of the street.

Comment: The proposed development is acknowledged as presenting a newer element within the street however this element is considered to remain subordinate to the established character of the street and will neither dominate nor detract from the established character. The proposed second storey addition over the existing building will follow the existing forms both in terms of wall and roof forms. It is noted that the Design Review Panel raised no objection to the differences between the new elements that is the northern addition to that of the existing and predominant character within Glenwood Avenue. In this respect, distinguishing the new from the old is a known and desirable urban design outcome and achieves an appropriately scaled transition in terms of size and scale.

 

·      Issue: Loss of privacy

Comment: See key issues section of this report relating to visual and acoustic privacy impacts. In brief, where relevant the proposal includes measures such as higher sill heights, privacy screens and suitable separation between habitable areas and open spaces. In addition, added privacy measures are included as conditions of consent where considered necessary.

 

·      Issue: Reduced sunlight both direct and indirect

Comment: In relation to direct sunlight please see key issues section of this report relating to solar access to neighbouring properties. In relation to indirect sunlight, the main Council control that determines whether suitable indirect sunlight is being achieved is the setback, and height controls. In relation to the proposed development it is considered that suitable setbacks are provided from the front, along Mount Street, the eastern and western side boundaries and the southern rear boundary.

 

·      Issue: Potential damage to neighbouring buildings due to excavation and demolition

Comment: The basement is proposed to be excavated more than 1m below ground level and in some instances within 900mm of the site boundaries. This aspect of the development is not considered to eventuate in any unreasonable environmental impacts and could be feasibly regulated by conditions of consent to ensure the protection of surrounding properties during demolition, excavation and construction. Therefore the level and location of excavation is considered acceptable.

 

·      Issue: The proposed development is unacceptably bulky

Comment: The proposed Floor space ratio and height of the development satisfy the standards under the Randwick Local Environmental Plan 2012. The distribution of bulk across the site is considered acceptable and will not result in any unreasonable adverse impacts on the neighbouring properties as explained in the key issues section of this report. Overall, the proposed development is suitable for the site in relation to its density and size.

 

·      Issue: The proposal is an overdevelopment filling in an open space occupied by driveway and small scale garage with two storey element and second floor addition.

Comment: The amended application provides additional landscaped open space along the western side of the site alongside the northern addition benefiting the neighbouring properties facing Mount Street whose rear boundaries adjoin the subject site. The proposed development now only marginally falls short of the minimum required. In relation to the streetscape appearance, the proposed development provides sufficient setbacks and landscape treatment to the Glenwood Avenue frontage ensuring that it presents a similar scale to the other flat buildings within the streetscape setting. It is also noted that currently whilst the driveway is open area, it is largely taken up by a very large driveway which is a poor urban design outcome. The proposed landscaped treatment will improve the amenity when viewed from Glenwood Avenue. The proposed open space is also more functional than the existing providing a better defined entry point to the new development. The greater levels of landscaping around the perimeter of the site and between neighbouring properties also benefits stormwater management.

 

·      Issue: Parking level will be subject to flooding

Comment: A flood report was submitted as additional detail and the subject of review by Councils Development engineer. Suitable conditions are included to ensure the basement does not flood.

 

·      Issue: Impact due to orientation of living rooms to bedrooms of neighbouring property at 1/8 Glenwood Avenue

Comment: The proposed and existing rooms face the street from different directions, not directly opposite and sited a suitable distance away from each other that there will not be any significant privacy impacts between these openings.

 

·      Issue: The building is inconsistent with the requirements under Section 4.1 of Part C2 of the RDCP 2013 relating to building facades in that it exceeds the maximum wall length of 10m.

Comment: The building lengths are largely below the 10m length limits except for the second storey addition along the eastern elevation which is considered to be a consistent design response to the existing built form. The increase in setback of the northern additions from the western side boundary ensures suitable articulation and variation in building depths along this elevation.

 

·      Issue: The proposed northern additions do not integrate with the existing built form and do not visualize as one building

Comment: The proposed northern additions are acknowledged as being different to the existing built forms within the street however, they remain subordinate to these features and there is a reasonable transition of size and scale between the old and new components creating a defined entry to the subject site and a architectural transition from new to old.

 

·      Issue: The proposed development does not meet the deep soil and open space required

Comment: The amended application increases the level of open space and deep soil areas within the site. See key issues section of this report relating to open space and landscaping.

 

·      Issue: The SEE incorrectly states that 7 on-site parking spaces are proposed however only 6 are provided

Comment: This is acknowledged and an assessment has been carried out against the submitted plans showing 6 spaces and the effective shortfall of 2 spaces. See key issues section of this report relating to vehicle parking rates and variations.

 

·      Issue: Concern with dilapidation, noise, unsafe traffic and dust during construction

Comment: Appropriate Construction site management and traffic management conditions suitably ensure noise, dust traffic are suitably managed during the construction process.

 

·      Issue: Heritage impacts

Comment: The subject site is not a heritage item or within a Heritage conservation area.

 

Issue: The garage at the rear has a height of 2.1m above our rear yard at No. 77-79 Mount Street and the proposed development will be over 9m in height resulting in obtrusive element and shadowing.

Comment: The proposed development has been amended so that it is 3m from the rear boundary of 77-79 Mount Street which is in compliance with the RDCP 2013 controls for setbacks. The proposed building is between 7.67m  than

 

·      Issue: The proposed development will remove natural breeze

Comment: There is sufficient separation for the purposes of a natural breeze.

 

Key Issues

 

Randwick Development Control Plan

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 controls may be considered only where the applicant successfully demonstrates that an alternative solution could result in a more desirable planning and urban design outcome.

 

The relevant provisions of the DCP are addressed in the table below. (Note: a number of control provisions that are not related to the proposal have been deliberately omitted.)

 

Part B7 Transport, Traffic, parking and access

Section 3.2 of Part B7 Transport, Traffic, Parking and Access of the RDCP 2013 sets out the Vehicle Parking Rates required for developments. This part of the RDCP also distinguishes between new development and alterations and additions to existing developments. In this respect, where development comprises an extension, modification or change of use to an existing development as is the case with this application; Council will generally only require that additional parking be provided to cater for the additional demands arising from increases in floor space or changes in use.

 

The existing development generates a parking demand of 6 spaces while only 4 spaces are currently provided.  The proposed redevelopment is only required to meet the additional demand generated by the proposed additions. The proposed re-development will result in 7 units comprising 6 x 2 bedroom + 1 x 3 bedroom (penthouse) unit which generates a parking demand of 10 spaces when adopting the DCP parking rates. The parking deficiency is 4 spaces however as the proposal provides 2 additional spaces there is a shortfall of 2 spaces on the additional demand generated.

 

Under section 3.3 Exceptions to the Parking rates, Council acknowledges that there may be circumstances where variations to the parking rates will be considered in the assessment of an application.

 

The applicant submitted a parking survey with the application seeking a variation to the 2 space shortfall. However, upon review by Council’s Development engineer it was considered that the Parking study submitted with the application was flawed. The applicant submitted an amended parking study to Council for assessment. Councils Development engineer has reviewed the amended parking study and made the following observation:

 

·      The frequency of observations is short of that provided with most parking studies submitted to Council.

 

Notwithstanding, Council’s Development Engineer notes that there are long term civil works currently being undertaken by Sydney Water in Dolphin Street (just around the corner from Glenwood Avenue) with significant on-street parking removed.  Any additional survey data may therefore not be representative of actual conditions and an adequate assessment was completed based on current data and additional site inspections.

 

The parking survey data and additional site inspections by the Development Engineer indicate a high demand for on-street parking. Some limited parking is available however Development Engineering is reluctant to support increasing parking deficiencies in such a limited area.  The additional information submitted has not reduced these concerns and highlights the parking concerns of nearby residents. The deficiency is partially addressed by the provision of a car space for six of the seven units, and a motorbike space (conditioned to provide two additional) and additional bicycle parking above DCP requirements.

 

In addition, the following circumstances have been raised by Council’s Development Engineer as lending additional support to the variation of the parking controls:

 

·      The site is located in close proximity and walking distance to amenities within Coogee Town Centre.

 

·      The site is located within close proximity of bus stops on Brook and Bream Street serving route X74, 374 (Coogee-City) as well as bus stops on Coogee Bay Road serving route 370 (Leichardt-Coogee). Other services are available at the Coogee Bay terminus being approximately a 550m walk to the east of the site.

 

·      The site is located within close proximity to carshare pods on Dolphin Street and Coogee Bay Road operated by GoGet Carshare.

 

·      To further minimise impacts a condition can be included that 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, so as to discourage car ownership.

 

It is also noted that the existing garages appear to be non-compliant with current Australian Standards in regards to the minimum internal width of 3.0m which discourages their use and cars have instead been parking on the concrete driveway in front of the garages although this area has never been formally recognised by Council as parking spaces.

 

Overall, the variation sought for the shortfall of two car spaces generated by the additional units is considered to have been suitably justified.

 

Part C2 Medium Density Residential

 

Side setbacks – Western side boundary setback of second floor level over existing building

The proposed second floor level has western side setbacks of 1730mm and 2330mm below the 3m minimum side setback control under Section 3.3.2 of the RDCP 2013. A merit assessment is required against the following relevant objectives:

 

·      To ensure adequate separation between buildings for visual and acoustic privacy, solar access, air circulation and views.

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

 

Having regard to the side setback objectives and a merit assessment of the development as a whole the following key issues have been identified:

 

Visual and acoustic privacy

West facing second floor level middle balcony

 

The main aspect of the development with the potential to result in adverse visual and acoustic privacy is the proposed second floor middle balcony which faces the rear of neighbouring properties at 81-83 Mount Street and 85 Mount Street who have made submissions to Council raising concerns with adverse visual and acoustic privacy impacts.

 

In relation to the visual privacy, the middle balcony has a screen that if designed in accordance with standard design guidelines that is being a minimum of 25% open will   suitably restrict direct sightlines into the rear of the neighbouring properties fronting Mount Street.

 

In relation to acoustic privacy, the location of the middle balcony has the potential to result in noise nuisance on the neighbouring properties to the rear namely those areas that house bedrooms where sleep disturbance is of most concern. Despite this the proposed middle balcony, namely the trafficable area (behind the planter that runs along the western elevation), is over 11m away from the rear elevation of these dwellings fronting Mount Street. The separation is considered a suitable distance for the purposes of ensuring adequate acoustic privacy protection. In addition, this balcony is only a secondary area of private open space to that of the main balcony at the rear northern end of the unit. Further, the balcony is only 1400mm deep and connected to a hall way ensuring that it is unlikely to be used for extended periods of time for entertaining.

 

West facing second floor level en-suite

 

The en-suite window has a sill height less than 1.6m above floor level. This is a low use room that would contain its own privacy measures and therefore it is not considered that any additional privacy measures are warranted.

 

Overall, in terms of visual and acoustic privacy the proposed middle balcony will satisfy the objectives under the RDCP 2013.

 

Views

Loss of outlook and district views has been raised by several objectors from the rear of existing and approved buildings facing Mount Street. The neighbouring property at No 77-79 Mount Street, No. 3/81-83 Mount Street and 85 Mount Street have made submissions that views (both district and a small area of ocean/water) will be lost as a result of the proposed development. Photo 3 below shows the general outlook view from the rear of the subject unit located at the top level of the unit block at No. 81-83 Mount Street. In terms of the water views from this and the neighbouring property to the north at No. 77-79 Mount Street, it is considered that these are of very low quality as they are interspersed with roofs and buildings within Glenwood Avenue as well as vegetation beyond. These water views are at a considerable distance from the affected units and generally considered to be of low quality from the rear elevations of the dwellings fronting Mount Street.

 

To assess whether the extent of view loss which would result from the proposal is reasonable, an analysis has been undertaken with reference to the Land and Environment Court Planning Principle established in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140:

 

Photo 3: Easterly view from No. 81-83 Mount Street over the subject site showing district view and in amongst the trees and between the roof lines of flat building in the distance there is a water view. The elevated rear terrace of a unit within 77-79 Mount Street is shown in the photo at left.

 

Photo 4: View from upper level of 85 Mount Street is largely obstructed by the existing roof form and vegetation within the rear and neighbouring properties.

 


 

1.     Quality of Views:

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

 

The views from the affected buildings namely those from upper level units and upper levels of semi-detached dwellings of properties fronting Mount Street at No. 77-79, 81-83 and 85 Mount Street are of the Coogee district in an easterly direction.

 

The unit at 3/81-83 Mount Street and dwelling at 85 Mount Street indicate partial glimpses of water views from their upper levels. As indicated earlier these views are largely glimpses of water at a considerable distance from the affected properties.  They are obtained between roofs and amongst existing vegetation at the rear and beyond the rear of these properties. These water view are also not expansive and in the case of unit 3 only obtained from a standing position. The overall quality of these water views is therefore considered to be of low quality.

 

The district views are more expansive obtained over the top of buildings within Glenwood Avenue and across the wider Coogee area in between the subject building and the roof of No. 10 Glenwood Avenue. These views are of moderate quality.

 

2.   Reasonable Expectation of View Retention:

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

 

The views are obtained across the rear boundary of the sites fronting Mount Street which are generally considered worthy of preservation subject to the assessment against the planning principle having due regard to the extent of impact and the reasonableness of the development.

 

3.   Extent of Impact:

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

 

The proposed additions to the north of the development will have a height that is similar to the gutter height of the flat building at No. 10 Glenwood Avenue - shown as approximate in photo 3 above. The impact on district views is minor.

 

The proposed second floor additions including the privacy screen over the northern addition are also shown as an approximate in photo 3. The proposed second floor addition and privacy screen will obstruct district views over the existing buildings northern hipped roof section. The proposed privacy screen will obstruct a partial district view through an existing tree in the distance. The impact on the district view varies from each property; however in general it is considered that the loss of district views from those properties facing the second floor addition will range from severe to devastating given that these views are obtained from living rooms and bedrooms.

 

The overall impact of the district is considered to be between minor and moderate given the value of the views. The water views are very small and obtained between roof lines and in between trees at a considerable distance and the impact will be devastating however this loss of water views is qualified by the fact that the quality of this view is minor. The views are from open terrace connected to a living room with the quality of the view largely reliant on the openness of the view

 

4.   Reasonableness of Proposed Development:

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

 

The application as amended complies with the applicable planning controls in respect of the following:

 

·      The proposed development complies with the 12 metre maximum overall height of across the whole of the development where the additions to the north are well below the maximum.

·      The proposed development as amended incorporating a complying western side setback has reduced the floor space ratio so that it now complies with the 0.9:1 maximum under the RLEP 2012

·      The proposed development complies with the RDCP controls for site coverage, external wall height, deep soil areas, and building depth. Although the proposal development for the second floor addition does not meet the western side setback control, this element has no appreciable benefit of being able to retain any of these district elements from these units or dwellings.

 

The articulation and massing provided within the additions and the second floor addition are considered to have appropriately distributed the size and scale within the site having regard to both a skillful design for the purposes of views and contributing to streetscape character. With the smaller massed addition located to the north it ensures the additions whilst evident and different will remain subservient to the larger mass of the second floor addition and allow for a greater capture of skyline views from these upper level apartments and dwellings. It is also considered that the degree to which the proposed development would have to be reduced in height and size would be significantly below the RDCP controls and RLEP standards. This means that a lower height and size would not only be at odds with the applicable maximum height limit and size and scale envisaged but would also result in a less appropriate built form given the context of surrounding development whose site coverage and floor space ratios are generally at their maximum.

 

Another important question in terms of the reasonableness of the development is whether a smaller development should be insisted upon given the value and quality of the view retained the extent of the view loss and the context of the view. One must also have regard to the extent and distance to the view and the visibility or prominence of the view and from where it is obtained. Although the district view is of value and interest and experienced from the primary internal and external living spaces, it is distant and perceived across and over the occupied land which have existing developments permitted to similar and in relation to the northern additions higher heights at which the development is sought.

 

Overall, the proposal is compliant with the maximum external wall and overall height control, site coverage and floor space ratio those standards and controls that control the envelope of a development. The proposal is a reasonable design response that is consistent with the planning objectives for the site. Furthermore, it is a skillful design which has minimised impacts upon adjacent properties by the careful distribution of its massing across the site namely to the southern end. Given the above, it is considered that the resultant view loss is acceptable in the circumstances.

 

Air circulation

The proposed western side setback runs along the rear boundary of properties fronting Mount Street their rear elevations whilst varying in distance will nonetheless provide good separation for the purposes of air circulation.

 

Solar access and overshadowing for surrounding developments

An assessment is required as to whether there is reasonable separation between the proposed development and neighbouring buildings for the purposes of achieving adequate levels of solar access to living areas and private and communal open space areas of neighbouring developments.

 

The proposed development is configured on a north-south axis which means that overshadowing is shared between the rear yards of properties facing Mount Street and the side elevation of the flat building at No. 8 Glenwood Avenue and not to the detriment of any single neighbouring property.

 

Section 5.1 of Part C2 of the RDCP 2013 provides the following controls:

 

i.   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 (mid-winter).

ii.  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 (mid-winter).

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

 

The shadow diagram excerpts below show the level of solar access and shadow impacts on the rear yards and eastern elevations of properties facing Mount Street and the impact on the neighbouring property to the east at No. 8 Glenwood Avenue. It is noted that despite the second floor addition not meeting the western side setback it is noted that there is no appreciable difference in shadow impact between a complying development that is in height and setback compared with he proposed development that is with a non-complying western side setback and a height that is well below the 12 metre overall height standard and the 10.5m external wall height control under the RLEP 2012 and the RDCP 2013 respectively.

 


 

Figure 1: 8am shadow on 21st June (Winter solstice)

Figure 2: 9am shadow on 21st June (Winter solstice)

8am shadow analysis

 

Rear yards:

 

·      The proposed development results in the rear yards of properties west of the subject site being overshadowing during the winter solstice.

 

Eastern elevations: Overshadowing to the rear elevations of properties fronting Mount Street will have the following levels of solar access and or overshadowing:

 

·      77-79 Mount St: first floor level will retain solar access with the ground level being overshadowed

 

·      81-83 Mount St: first floor northern unit will retain solar access to the top part of their openings. The southern first floor eastern elevation will be overshadowed by the second floor addition.

 

·      85 & 87 Mount St: The whole of the eastern elevation is overshadowed by the second floor addition

 

9am shadow analysis see figure 2:

 

Rear yards:

 

·      All rear yards are overshadowed

 

 

 

 

 

Eastern elevations:

 

·      77-79 Mount St: The ground level units will retain solar access

 

·      81-83 Mount St: The top level unit (3) at the northern half of the development will retain solar access. The southern units will be overshadowed

 

·      85 & 87 Mount St: The whole of the development will be overshadowed

 

 


 

Figure 3: 10am shadow on 21st June (Winter solstice)

Figure 4: 11am shadow on 21st June (Winter solstice)

10am shadow analysis:

 

Rear yards:

 

·      77-79 Mount St: Rear ground level patio and upper level terrace will receive solar access

 

·      81-83 Mount St: rear ground level and upper level terraces will receive solar access

 

·      85 Mount St: The rear elevated ground level deck will be overshadowed.

 

Elevations:

 

·      85 Mount St: The shadow will rise 1.1m up the rear elevation above the rear elevated deck retaining solar access to the elevated ground level east facing openings.

 

·      87 Mount St: Same shadow line as No. 85 Mount Street.

 

11am shadow analysis

 

Rear yards and elevations

 

·      All rear yards and elevations retain solar access

 

 


 

Figure 5: 12 noon shadow on 21st June (Winter solstice)

Figure 6: 3pm shadow on 21st June (Winter solstice)

12 noon shadow analysis

 

Rear yards and elevations

 

No overshadowing impact on rear yards or eastern elevations.

3 pm shadow

 

Elevations of No. 8 Glenwood Avenue:

 

·      Western elevation: Solar access retained to western elevation between 1pm and 2pm.

·      Northern elevation: No shadow impact to northern elevation

 

 

Shadow assessment

 

Compliances

The proposed development achieves at least three hours of solar access to the rear yard and rear eastern elevations of the following properties between 10am and 1pm:

 

·      77-79 Mount Street

·      81-83 Mount Street

 

Non-compliances

The proposed development does not achieve a minimum of three hours of solar access for the following properties:

 

·      85 Mount Street: only two and a half hours of solar access will be retained to the elevated rear ground level deck between 10.30am and 1pm

·      87 Mount Street: only two and a quarter hours of solar access will be retained to the rear yard between around 10.45am and 1pm during the winter solstice

 

In terms of adequacy of solar access consideration is must give consideration to whether compliance with the western side setback controls should be insisted upon having regard to the circumstances of the subject site, the neighbouring property and the proposed development. In this instance, it is not considered that the non-compliances with the solar access controls warrants any amendments to the development for the following reasons:

 

·      The proposed development displays a high degree of compliance with meeting the controls relating to size, scale and massing under the RLEP and the RDCP 2013. In particular, the proposed developments FSR satisfies the FSR limit under the RLEP 2012.

·      The proposed developments overall height complies with the maximum 12m standard under Clause 4.3 of the RLEP 2012.

·      The proposed developments external wall height along the western elevation is well below the maximum 10.5m allowed under the RDCP 2013 which readily offsets the non-complying setbacks from the western side boundary. In other words, if the development were built to its maximum external wall height along the western elevation of the second floor addition with a complying western side setback the shadow impacts would be similar to that resulting from the proposed development with only a marginal difference to the eastern elevation of units within 81-83 Mount Street which already achieve the minimum solar access required under the RDCP 2013.

·      The proposed development complies with the maximum site coverage control in Part C2 of the RDCP 2013.

·      The orientation of the adjoining western allotments rear boundary to the side boundary of the subject site means that their rear yards are susceptible to any form of medium density development on the subject site

 

Overall, having regard to the orientation of the site and vulnerability of these sites to form of development that is generally reflective of that envisaged by the RLEP and RDCP in terms of size, scale and massing it is considered that the variations to the requirement for three hours of solar access identified under the RDCP 2013 are justified and that the additional shadows impacts are largely an unavoidable consequence rather than as a result of any inappropriate design.

 

Open space and deep soil areas

The proposed development falls short of the required landscaped open space area by less than 4% of the total site area. Having regard to the objectives under the RDCP 2013, it is considered that the shortfall is minor and the proposed development has been designed to achieve a good level of amenity and functional areas of open space that are both contiguous and sufficient in size to accommodate passive recreational use for each of the units.

 

Colours, Materials and Finishes

The RDCP objectives and Controls as related to this application seek to ensure colour and material schemes contribute to the articulation of the building, they enhance the streetscape character and are durable and fit for their purpose. This application hinges to an extent on the acceptability of the materials and finishes used in the project particularly those used for the second floor level addition. In this respect, the applicant details fenestration that is similar to that within the existing building. However in order to ensure consistency in the brickwork a condition is included requiring similar brick be used in the construction of the second floor level.

 

It is important to note that the Design Review Panel raised in principle no objections to the proposed difference in built form of the northern additions which will be visible from the street.

 

Overall, in order to ensure suitable colours and materials are used throughout the project a condition is included requiring details of colour, material and finishes to be submitted to Council for approval prior to obtaining a construction certificate.

 

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 has been assessed against relevant RLEP 2012 standards and Randwick DCP 2013 controls and is considered to be acceptable. Approval of the development is recommended as it will be in line with the objectives of the abovementioned documents and will not result in any significant and unreasonable environmental impact on neighbouring properties in terms of overshadowing, views, site planning and privacy (as conditioned).

 

The building scheme is reasonable in the context of the planning controls applicable to the site and future character of the medium density residential area.

       

The requirements of the RDCP 2013 have been adequately justified in the RDCP 2013 table and within this summary of key issues report including that the proposals height, floor area, setbacks, landscaped open space and design responds well to both the existing streetscape and neighbouring properties amenity. The proposed development will not result in any unreasonable adverse impacts on the neighbouring properties.

 

In these respect, it is considered that the objectives of the zone and applicable standards and controls are justified and the proposed development is suitable for the site.

 

It is considered that the conditions applied in the recommendation would alleviate outstanding issues.

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 203/2015 for Alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level and rear two storey additions comprising 7 units and basement parking for 6 vehicles, associated site and landscape works, at No. 9 Glenwood Avenue, subject to the following non-standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

a.      A privacy screen having a height of a) 1.5m b) 1.8m above floor level must be provided to the western side of first floor balcony to unit 5. All privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.      The First floor west facing living and dining room windows to unit 05 must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

c.      Kitchen window shall only be an awning window.

 

3.       A contribution of $83,665.00 for the purpose of mitigating the loss of low-rental accommodation pursuant to Clause 51 of the SEPP Affordable Rental Housing (2009). This must be paid to Council in one complete payment prior to an occupation certificate being issued. The contribution must be paid in cash, bank cheque or by credit card (surcharges apply to credit card payments) prior to any Occupation Certificate being issued.

 

 

Attachment/s:

 

1.

DA Compliance Report - 9 Glenwood Avenue, Coogee

Included under separate cover

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Planning Report No. CP73/15

 

Subject:                  36 Mirrabooka Crescent, Little Bay (DA/376/2015/A)

Folder No:               DA/376/2015/A

Author:                    Planning Ingenuity, Pty Ltd      

 

Proposal:                 Section 96 modification of the approved development by altering the configuration of the dwelling including new side entry to each dwelling, conversion of the void areas at front floor level to bedrooms and increase the size of the rear first floor balconies. Original consent: Demolition of existing dwelling and construction of a new dual occupancy development

Ward:                      South Ward

Applicant:               Archispectrum

Owner:                    Mr G Tsoukalas & Mrs S Tsoukalas

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The original application was determined by the Planning Committee Meeting on 8 September, 2015. The 96 application was referred and assessed by an external Planning consultant and referred to Council for determination as an objector to the proposal is a Council employee.

 

Proposal

 

The proposed modification as lodged involves:

 

-     Infill of the approved void to create a 4th bedroom on the first floor of each dwelling which results in the FSR being 0.59:1 (max permissible 0.5:1) (approved GFA was 284sqm, S96 is 334sqm);

-     Rear first floor balcony extended to the full width of each dwelling adjoining the approved master bedroom and proposed 4th bedroom due to the repositioning of the external wall to bedroom 4;

-     Relocation of entry to the sides of the dwellings;

-     Office proposed at front of dwelling;

-     Removal of privacy screens to rear decks;

-     Delete condition 3 relating to the roof over the courtyards being a maximum of 1m wide: the roof has been amended to be 1.3m wide in the S96 plans; and

-     Removal of landscaped area to provide a footpath from the street to the proposed side entries.

 

Site

 

The site is a regular shape with a site area of 565.3m2. The front boundary to Mirrabooka Crescent is 16.76m and the side boundaries are 33m long. The site slopes from the street to the rear boundary with a fall of around 3m over the length of the site.

 

There is currently a single storey dwelling house with a garage excavated beneath the dwelling. Surrounding properties contain a mix of single and two storey dwellings of varying age and size. There are eight trees on the site being a mix of native and exotic species. Most, but not all, are proposed for removal as part of the application.

 

36 Mirrabooka Crescent

Figure 1: Subject site

 

Section 96 of the Environmental Planning and Assessment Act

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 proposal remains substantially the same Development. In this respect, it is considered that the proposed changes will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was granted. The scope of modifications includes an additional first floor bedroom in place of a void area in each dwelling and an extension of the balcony adjoining the approved master bedroom and proposed fourth bedroom at the rear of each dwelling. 

 

The proposed section 96 modifications does not involve any changes to the envelope of the approved consent and will remain consistent with the original consent.

 

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:

 

·      32 Mirrabooka Crescent, Little Bay

·      39 Woomera Road, Little Bay

 

Issues

Comments

Floor space non-compliance

The floor space has been reduced through amended plans to a total of 312m2 (0.55:1). The only additional floor space from the approved plans is the fourth bedroom in each dwelling on the first floor to replace the approved void. There is no adverse impact on the amenity of neighbouring properties or on the bulk of the dwellings.

Privacy from first floor balconies

The first floor balconies are limited to 1.125m in width. The balconies adjoining the master bedrooms were approved under the original DA. This modification proposes the extension of the approved balconies to adjoin the proposed fourth bedrooms on the first floor. The extension of the approved balconies, given their width, is acceptable.

Re-introduction of aspects of the original DA that were required to be changed

Amended plans were submitted as per the approved plans under the DA with the only modification being the addition of the fourth bedroom in place of the approved void area.

 

Key Issues

 

Randwick LEP 2012

Floor space

The proposed modifications as lodged increased the floor space by 50m2, resulting in a variation of 18% to the maximum permissible floor space ratio of 0.5:1. The applicant has amended the plans and reduced the floor space to 312m2 (0.55:1 and 10% variation). The only additional floor space arises from replacing the void with a fourth bedroom on the first floor of each dwelling. This will have no impact on the bulk of the dwellings and no adverse impact in the amenity of adjoining properties and is supported.

 

Randwick DCP 2013

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.

 

Dwelling entry and office

The office and dwelling entries at the sides of the dwellings were proposed as part of the original development application and relocated at the request of Council to comply with the DCP requirement that dwelling entries face the street. As lodged the modification included the relocation of the entry and office to the side. At the request of Council, the applicant has amended the plans as per the original DA approval.

 

Privacy Screens and courtyard roof

The privacy screens on the elevations of the rear decks and the width of the roof over the side courtyards were required. The modification proposes to delete the privacy screens and increase the width of the roof. The applicant has amended the plans at the request of council as per the original DA approval to retain the privacy screens and the condition relating to the width of the roof has been retained in the modified consent.

 

As lodged, the modified proposal could not be supported as it involved modifications that were previously requested and approved as part of the original development application. During the assessment of this modification application, the proposed addition of the fourth bedroom was not considered inappropriate as it would not impact on the bulk of the dwellings or on the amenity of adjoining properties. In addition, the minor increase in floor space by adding the fourth bedrooms was considered acceptable. The applicant was advised the additional bedroom could be supported subject to the plans being amended to reflect the approved plans under the DA for the ground floor layout, and the retention of the privacy screens and condition for the roof width. The applicant agreed and submitted amended plans as requested. The amended modification plans are worthy of support.

 

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 amended plans submitted during the assessment of the modification application are supported as they reflect the plans approved under the DA, with the exception of the additional bedroom/floor space which is considered acceptable and worthy of support as it will not impact adversely on adjoining properties or the bulk of the dwellings.

 

 

Recommendation

 

That Council's Coordinator/Manager Development Assessment  under delegated authority from the General Manager, 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 376/2015/A for permission to modify the previously approved design for 36 Mirrabooka Crescent, Little Bay in the following manner:

 

Amend Condition No. 1 to read:

The development must be implemented substantially in accordance with the plans numbered DA02 Revision C , dated 21.8.2015   and received by Council on 21.8.2015, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated 25.11.2015  and received by Council on 25.11.2015, 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:

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Planning Report No. CP74/15

 

Subject:                  70 Dudley Street, Coogee (DA/803/2014)

Folder No:               DA/803/2014

Author:                    Chahrazad  Rahe, Assessment Planner     

 

Proposal:                 Demolition of the existing dwelling house and construction of a new 3 storey residential flat building containing 3 dwellings and basement parking for 7 vehicles including associated site and landscape works

Ward:                      East Ward

Applicant:               Brenchley Architects

Owner:                    Helen Byrnes

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

This matter is reported to Council as the estimated cost of development exceeds $2 million.

 

Proposal

 

The proposal involves the demolition of the existing dwelling house and construction of a new 3 storey residential flat building containing 3 dwellings and basement parking for 7 vehicles including associated site and landscape works.

 

The proposal as submitted incorporated extensive balconies to all levels at the front of the site which included a departure from the maximum building height for a small section of the uppermost balcony.

 

After a number of issues were raised with the applicant, amended plans were submitted incorporating a number of modifications, which are as follows:

 

·      A reduction in floor area of the ground floor unit 01 from 166m² to 159m² by way of an additional setback from the streetscape of approx. 800mm.

·      Provision of reduced balcony inclusions at the front of the site for units 02 and 03 to align more with the existing developments on adjoining properties and the streetscape.

·      More detailed information on plans to enable verification of stated areas in relation to floor space, landscaping and deep soiled areas and a more accurate assessment of the privacy and overshadowing impacts.

·      A revised view loss analysis having more specific regard to the provisions of the Tenacity principle and the provisions of Council’s DCP.

 

This report is prepared on the basis of the amended plans received by Council on 14 July 2015.

 

Site

 

The subject site is a regular shaped allotment having a frontage to Dudley Street of 12.19m, eastern and western side boundary depths of 42.67m and a total site area of 520.2m².

 

Existing on the site is a single storey dwelling house with 2 garages and terrace above located at the front of the site and a gazebo structure located in the rear yard area.

 

The site slopes steeply downward at the front of the site where the garages have been previously excavated and has a slope from the rear to the existing garages of approximately 2m representing a grade of approximately 5%. Additionally the site has a cross fall at the front of the site from west to east of about 16%.

 

To the east and west the site is adjoined by a part 1 and part 2 storey residential flat building and to the west by a 2 storey residential flat building, respectively. To the south is a pair of 2 storey semi-detached dwellings.

 

The locality is predominantly occupied by a mix of residential development comprising older and newer residential flat development, detached dwellings and semi- detached dwellings.

 

The site is approximately 500m from Coogee beach an approximately 5km form the Sydney CBD.

 

Figure 1: Subject site

Figure 2: Adjoining property at no. 68 Dudley Street.

Figure 3: Streetscape looking south east from subject site.

Figure 4: Streetscape looking south west from the subject site.

 

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:

 

66A Dudley Street, Coogee

66B Dudley Street, Coogee

Unit 1, 68 Dudley Street, Coogee

Unit 2, 68 Dudley Street, Coogee

Unit 4, 68 Dudley Street, Coogee

SP 4049 72 Dudley Street, Coogee

Unit 4, 10-18 Bay Street, Coogee

Unit 12, 10-18 Bay Street, Coogee

Unit 13, 10-18 Bay Street, Coogee

Unit 14, 10-18 Bay Street, Coogee

20 Bay Street, Coogee

20 A Bay Street, Coogee

22 Bay Street, Coogee

22A Bay Street, Coogee

 

Issues

Comments

The proposed development does not comply with Council controls in relation to height, bulk, front and rear setbacks.

The amended plans include compliance with the height and floor space controls under the RLEP 2012 and height controls under the DCP 2013. Front setbacks including balconies are now consistent with the alignment of adjoining properties and the rear setback is well in excess of the minimum required setback.

 

Excessive view loss to surrounding properties and does not satisfy the Tenacity principle.

The view loss associated with the amended plans in conjunction with conditions will further minimise view loss. See View Sharing in the Key Issues section of the Executive Summary.

 

The proposed development fails to satisfy the objectives of the zone in that the ground floor of the proposed development does not recognize the consistent setback of existing buildings in the streetscape.

The amended plans include a front setback of 7.56m on the ground floor which aligns with the established setback of the neighbouring buildings to the east and west of the subject site.  The setback of balconies at all levels is also consistent with the predominant front building line. As such the proposed development in its amended form satisfies the relevant zone objectives.

 

The earthworks associated with the proposed development have the potential to cause structural damage to the property at 70 Dudley Street. Recommendations in the structural engineers report prepared on behalf of the objector should be imposed as conditions of consent.

A preliminary geotechnical report has been submitted with the application which indicates that ground conditions are suitable for the proposed construction. Standard conditions are included in the recommendation which should ensure the protection of surrounding properties from excavation and construction.

 

The proposed development is not consistent with the design principles in SEPP 65 – Design Quality of Residential Flat Development. A more recent development at 66 Dudley Street is set further back to upper levels

As the proposed development contains only 3 dwellings the provisions of SEPP 65 do not apply to the proposed development. The stepping design referred to at No. 66 Dudley Street is achieved largely as the ground and first floor levels of this development and protrudes much further forward of the predominant building line in the streetscape. The setback incorporated into the amended plans in addition to further setbacks implemented to the uppermost balcony will ensure consistency with adjoining developments and the wider streetscape taking due account of associated view impacts.

 

The proposed development includes inadequate articulation of side elevations.

Whilst limited articulation is included in side elevations, the facades incorporate a wide variety of building materials and finishes which will provide an acceptable visual interface with adjoining properties. The acceptability in this regard is also by virtue of external wall heights of between approximately 1m and 3.5m below the maximum 10.5m allowable and maximum building heights between approximately 2.5m-5m below the maximum 12m allowable.

 

External materials and finishes should be of a lighter tone to enable reflective light to enter living areas of No. 68 Dudley Street.

A standard condition of consent is included in the recommendation, requiring submission and approval of the proposed external finishes and materials which will ensure inclusion of appropriate tone.

 

Landscape design especially deep soil planting is severely deficient.

The provision for deep soil landscaped area is documented within the submission as being compliant; however, the calculations include small areas which should be strictly excluded in the calculations. A condition of consent is included in the recommendation requiring that such areas are to comprise permeable features.

 

The driveway access at 7.5m is excessive in width and the proposal is substantially lacking in visitor parking which need to be catered for in Dudley Street.

The proposed driveway width is approximately 4.6m wide and complies with the maximum allowable under the DCP. No visitor parking is required for development of less than 4 dwellings. The proposal nonetheless provides for 1 visitor space. The provision is acceptable.

 

Overshadowing impacts to No. 68 Dudley Street will be devastating and non-compliant.

The proposed setbacks to the western boundary are from 1.6 – 2m versus a requirement for a minimum of 2m under Council’s DCP.

 

Notwithstanding the strict numerical non-compliance with the setbacks required under the DCP, shadow diagrams have been submitted with the application which confirms that the difference between the proposed shadow impacts and those related to a compliant form of development are not substantial. Given that the proposed development is well under the maximum allowable height controls, having regard to the constrained width of the site and the reasons mentioned under Solar Access and Overshadowing in the Key Issues section of the Executive Summary, the proposed development is considered acceptable in this regard.

 

In addition to the above the setbacks of the proposed development commensurate with setbacks on adjoining properties and will allow for adequate visual and acoustic privacy between developments.

 

The visual and acoustic privacy impacts to 68 Dudley Street and surrounding properties are unacceptable.

By way of further modifications to the depth of the front and rear balconies and window openings to the western façade as addressed under Visual and Acoustic Privacy in the Key Issues section of the Executive Summary, the visual and acoustic impacts associated with the development are considered acceptable.

 

The Statement of Environmental Effects does not describe accurately the adjoining development to the south as a pair of semi-detached dwellings.

The report has been assessed on the basis that the site is adjoined to the south by a pair of semi-detached dwellings.

 

Planting within the front building line should be of low shrubs so as not to reduce the views and amenity of adjoining owners.

To preserve substantial views from adjoining properties a condition is included in the recommendation limiting the maximum height of species used on the ground floor plan within the front building line to 1m above finished ground level and the type of species used to be noted in the landscape plan.

 

Current view line to Bondi Junction form the rear of the subject site will be impacted by the proposed 4 storey building.

The proposed building when viewed from properties immediately to the south will have a relative height of approximately 6m – 7m versus a maximum allowable of 12m under the RLEP. Given the overwhelming compliance with the maximum height and notwithstanding the district views lost the impact is considered sustainable. It is also noted the proposed development will have a minor to negligent impact on ocean views currently obtained from these properties.

 

The amended plans incorporate include a photomontage which erroneously depicts the impact of the proposed development in relation to the front sunroom/dining room of unit 4, 68 Dudley Street, Coogee.

Council does not rely on photomontages from an applicant unless it follows the practice directions established by the Land and Environment Court.  With the benefit of site inspections carried out form adjoining properties including Unit 4/68 Dudley Street it is evident that further modifications to the amended plans addressed in the Key Issues section of this report will provide for a reasonable view sharing between developments.

 

The open stairs and lift tower adjacent to the eastern living and bedroom areas of 68 Dudley Street will result in noise impacts.

The vertical rise section of the stairs is enclosed. The landings to the stairs are inside a privacy screen. The lift is separated by 2 masonry walls with associated plant a basement and rooftop level which will provide adequate acoustic buffering. Given the low number of movements anticipated from such a small scale development no adverse acoustic impacts are anticipated.

 

The window locations of the adjoining building at 68 Dudley Street are incorrectly located.

The View Impacts Analysis report prepared by Richard Lamb & Associates appears to be correct, and the photomontages provided within this document and in this report in relation to photos taken by the assessing officer allow for an accurate assessment of the impact on view loss which is addressed in the View Sharing section of this report.

The revised plans continue to be non-compliant with maximum height control under the RLEP.

The amended plans in conjunction with the survey plan submitted with the application demonstrate the proposal is now well under the maximum height of building control standard allowable in the LEP.

 

Key Issues

 

Randwick Local Environmental Plan 2013 (RLEP)

The amended plans incorporate a floor space ratio of 0.85:1 (max. allowable 0.9:1) and a maximum height of approximately 9.6m (max. allowable 12m) and as such comply with the relevant development standards in RLEP 2012.

 

Randwick Development Control Plan 2013 (DCP)

Clause 2.3 of the DCP provides that:

 

Any proposals seeking to vary the numerical controls will be assessed against the following criteria:

 

i)        Consistency with the general objectives of the LEP, and the general objectives and specific control objectives of this DCP.

ii)       The degree or numerical extent of variation from the control.

iii)      The presence of any existing site constraints rendering strict compliance difficult to achieve, such as:

 

·      Site topography

·      Site orientation

·      Allotment configuration

·      Allotment dimensions

·      Existing building structures to be retained

 

iv) Potential impacts on the structural stability, visual amenity, solar access, privacy and views of the adjoining properties as a result of the variation.

v) Potential impacts on the public domain in terms of streetscape character, views and vistas and pedestrian amenity.

vi) Whether strict compliance with the controls will or will not permit construction of a building with reasonable dimensions, internal amenity, open space provision and architectural character.

 

Landscaped open space and deep soil area

The objectives of the DCP in this regard are:

·      To provide landscaped open space of sufficient size to enable the space to be used for recreational activities, or be capable of growing substantial vegetation.

·      To reduce impermeable surface cover including hard paving.

·      To improve stormwater quality and reduce quantity.

·      To improve the amenity of open space with landscaped design.

 

The DCP requires 50% of site area as landscaped area and 25% of the site area as deep soil area. The proposal includes a total of 54.22% of landscaped area and 25.16% deep soil area.  The calculations include the rear gazebo which is partially enclosed.  If this was deducted from the calculation the total landscaped would be approximately 51% which will still meet the control.

 

In regard to the deep soil landscaped area small hard surfaced areas are included which do not satisfy the definition of deep soil area as contained within the DCP 2013.

 

An appropriate condition is included in the recommendation requiring that these areas be permeable.

 

The overall provision is satisfactory.

 

Setbacks

The objectives of the DCP in this regard are:

 

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

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

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

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

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

Front setbacks

The original plans provided for a building bulk and balconies that protruded beyond the dominant front building setback of neighbouring buildings within the streetscape. The amended plans incorporate an additional setback to the ground floor level and to balconies at all levels to conform to the established setbacks of adjoining properties and that prevailing within the streetscape.

 

The following images in figure 5 to 7 demonstrate the consistency in this regard:

Figure 5: Amended ground floor plan. Note: The landscaped terrace at the front of the replaces and existing similar configuration and is consistent with numerous developments in the immediate streetscape as shown in the site photos.

 

Figure 6: Amended first floor plan.

 

Figure 7: Amended second floor plan.     

 

It is noted that, as detailed in the view sharing section below, an additional front setback to the second storey balcony and a deletion of the planter box required to ensure an acceptable level of view sharing is maintained and provides for a staggering of the setback which will further enhance the presentation of the development to the streetscape.

 

Side setbacks

The DCP requires side boundary setbacks of 2m on site with a width of greater than 12m and less than 14m.

 

The proposed setbacks provide for the building are as follows:

·      1.6m -2m to the western boundary.

·      1.5m to the eastern boundary.

 

Despite the numerical departure, the proposed setbacks are considered acceptable for the following reasons:

 

·      Shadow diagrams on elevation have been provided which demonstrate that the proposed building envelope will have minor additional impacts on window openings of the adjoining building to the west at no. 68 Dudley Street when compared to those incorporating a compliant setback. In relation to the development to the east at no. 72 Dudley Street the majority of the minor additional shadows fall on the roof area of the building.

·      The setbacks of the proposed development commensurate with setbacks on adjoining properties and will allow for adequate visual and acoustic privacy between developments and solar access.

·      The overall provision of private open space and deep soil planting is compliant and suitable to the site.

·      The height of the proposed development above ground level for the majority of the building envelope is between approximately 5.8m and 8.4m in height. This height is more consistent with that allowable for a dwelling house notwithstanding the permissible maximum building height of 12m.

·      The front section of the building to the western boundary is setback 2m to allow for reasonable morning sunlight access to the front first floor living room areas of the adjoining development at no. 68 Dudley Street.

 

Having regards to the above justifications the proposed side setbacks will satisfy the control objectives of the DCP. 

 

Solar access and overshadowing

The objectives of the DCP in this regard are:

 

·      To ensure new dwellings and alterations and additions are sited and designed to maximise solar access to the living areas and private open space.

·      To ensure development retains reasonable levels of solar access to the neighbouring dwellings and their private open space.

·      To provide adequate ambient daylight to dwellings and minimise the need for artificial lighting.

 

The DCP requires 3 hours of sunlight to living areas and at least 50% of open space areas within the development during the winter solstice. The proposed development satisfies the requirements of the DCP in this regard.

 

In relation to adjoining development the DCP provides that living areas of neighbouring dwellings receive a minimum of 3 hours access to direct sunlight to part of a window and at least 50% of landscaped areas of adjoining properties.

 

The Statement of Environmental Effects provides the following information in this regard:

 

 

 

Having regard to the above analysis, the provision of solar access is considered reasonable in the circumstances for the following reasons:

 

·      The site has a north south orientation resulting in the optimal circumstances in terms of minimizing impacts to adjoining side boundary properties.

·      The proposed development has a maximum height above ground level of approximately 6m – 7m at the rear and as such will cast minimal shadows to properties to the south compared to those envisaged under the height controls in the RLEP and DCP.

·      Additional shadow impacts caused by the non-compliant side boundary setbacks have been justified in the circumstances.

·      The proposed development retains reasonable levels of solar access to the neighbouring dwellings and their private open space.

·      Acceptable levels of ambient daylight to dwellings will minimise the need for artificial lighting and is consistent with those anticipated under the planning controls.

 

Overall the proposed development will satisfy the objectives of the control.

 

Visual and Acoustic Privacy

The objectives of the DCP in this regard are as follows:

 

Visual Privacy

·      To ensure development minimise overlooking or cross-viewing to the neighbouring dwellings to maintain reasonable levels of privacy.

·      To ensure new development is designed so that its occupants enjoy visual and acoustic privacy, whilst maintaining the existing level of privacy of adjoining and nearby properties.

Acoustic Privacy

·      To ensure a high level of amenity by providing for reasonable level of acoustic privacy for dwellings and neighbouring properties

·      To ensure dwellings are designed so that its occupants enjoy acoustic privacy, whilst maintaining the existing level of privacy of adjoining and nearby properties.

·      To ensure dwellings are designed to minimise impacts from significant exterior noise sources such as arterial roads, flight paths, industries and ports.

·      To design buildings with adequate separation within the development and from adjoining properties.

 

Concerns have been raised in submission in respect to the following aspects of the proposed development:

 

·      Visual privacy impacts in relation to window openings of the adjoining developments.

 

Comment:

The amended plans include details on elevation of window openings on adjoining developments.  It has been pointed out in an objector’s submission that the relative height of the openings shown to the western neighbour appears to be incorrect and this is acknowledged.  Notwithstanding, extrapolating from the survey demonstrates that the privacy interface by way of minimal openings and privacy screens to the central stair will be generally acceptable.  An exception in this regard relate to the front kitchen windows which will have direct views into living areas of the adjoining development at no. 68 Dudley Street and a condition is included in the recommendation requiring that these windows to have a minimum sill height 1.6m above floor level, or alternatively be of obscured glazing.

 

In respect of the eastern neighbour, similarly by way of minimal window openings in the proposed development and side boundary fencing, the proposed development will not cause unacceptable privacy impacts to this neighbour.

 

·      Visual and acoustic privacy impacts form the rear balcony areas in relation to living and open space areas of dwellings on properties to the east, west and south.

 

Comment:

The balconies to the rear are off bedrooms only and incorporate screens to the sides of the balconies, although are substantial in area which could give rise to unacceptable acoustic impacts in relation to their associated use.  A condition of consent to reduce the depth of these balconies to a maximum of 1.5m coupled with a physical separation ensured by the existing gazebo structure and rear setbacks well in excess of those required under the DCP will ensure an adequate interface in this regard.

 

·      The extensive nature of the central open stair adjacent to the western boundary will cause unreasonable noise impacts to the amenity of living and bedroom areas on the adjoining property at no. 68 Dudley Street.

 

Comment:

The vertical rise of the central stair has in fact a glazed window for the height of the building and it is only the landing areas that are open. Having regard to the minimal usage anticipated for a development of only 3 dwellings this inclusion is unlikely to cause unacceptable noise impacts.

 

Sub-section 5.6 - View sharing

Section 5.6 of the Randwick Comprehensive DCP Low Density Residential recognises that many dwellings within the Randwick City area enjoy views to the ocean, coastline, parks and distant CBD skyline, with some elements being recognized as prominent natural features, significant man made artefacts which carry scenic and iconic values.

 

The objectives of this section of the DCP seek to ensure that views from the public domain are protected and enhanced and that development is sensitively and skilfully designed to maintain a reasonable amount of views from the development, neighbouring dwellings and the public domain. 

 

This concept of view loss has been defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004).

 

The Commissioner in deciding whether or not view sharing was reasonable adopted a four step assessment as follows.

 

a)     The value of the subject view i.e. water views are more valued than land views with iconic view such as the Opera House of North Head being more valued than views without icons and whole views are more valuable than partial views.

 

b)     From what part of the property are views obtained, for example the protection of views across side boundaries is more difficult to maintain than views from front and rear boundaries, and in addition whether or not the view is enjoyed from a standing or sitting position is also relevant, with sitting views being more difficult to protect. The expectation to retain side and sitting views is often unrealistic.

 

c)     Assess the extent of the impact from the property as a whole rather than just for the view affected, the impact on views from living areas are more significant than from bedrooms or service areas, then it is useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

d)     The reasonableness of the proposal that is causing the impact and compliance with planning controls, with a development which satisfies planning controls being considered more reasonable than one that does not. With a complying proposal the question should be asked whether a more skillful design could provide the applicant with the same development potential and amenity and reduce the impact upon the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

The subject site is not located within the foreshore scenic protection area. However, a number of submissions have been received from neighbouring properties in relation to view sharing. Having regard to principles and controls above, the impact on view sharing of the neighboring properties at no.’s 66A & B & 68 Dudley Street, Units 12, 13 & 14/10 – 18 Bay Street, 20, 20A, 22 & 22A Bay Street, Coogee have been investigated and are assessed as follows:

 

a)     Directions ‘A’ to ‘C’, in Figure 8 below indicates the views are obtained in a north and north easterly direction towards the ocean, Dolphins Point, Coogee Bay and wedding Cake Island.  The views directly to the north are panoramic district views of Bondi Junction, Randwick, Coogee and Clovelly.  Dwellings which are affected by view loss are located west of the development along the south and higher side of Dudley Street.  The view corridor of the ocean in directions ‘B’ to ‘C’ to the neighbouring properties directly to the rear of the subject development along the west and south of Bay Street will be retained.  Only minor district views will be lost as demonstrated in images 1 & 2 below and these are not considered to be valued iconic views.  Given the views of the ocean will not be impacted by the proposed development a detailed view loss assessment is not further explored to these properties.

 

The assessment is based on the potential view loss and visual impacts for units located at no.’s 68 and 66 Dudley Street.

 

Figure 8: Site analysis plan identifying views currently enjoyed

 

Image 1: Photo taken from the rear balcony off living room on the second floor level of Unit 12/10-18 Bay Street, Coogee. 

Image 2: Photo taken from the rear balcony of living room on the first floor level at no. 20 Bay Street, Coogee.

 

b)     Views across no. 66A & B Dudley Street are obtained only from the front north eastern corner of the units whereas the views at no. Unit 2/68 Dudley Street are obtained from the front and across the side of the property. The existing views currently available to the neighbouring properties in question are described in detail below:

 

Unit 2/68 & 66A Dudley Street, Coogee

Unit 2/68 Dudley Street is located directly to the west of the subject site on the upper most level of the two storey residential flat building which contains 4 units across two floors.  The basement carparking level is accessed from street level. Unit 2 fills the eastern side of the first floor level and has window openings along its north and eastern elevations.   This unit is elevated relative to the ground and first floor levels of the proposed development and is similar in height to the second storey. Views are gained from each of the windows along the eastern elevation of the unit as identified in image 3 below.  The views are extensive and run across the side boundary.

Image 3: South westerly view of the residential flat buildings at no. 68 & 66 Dudley Street.  No. 68 Dudley Street is subdivided into 4 strata flats & no. 66 Dudley Street is subdivided into 3 strata flats.

 

The views to be affected include valued items of water, land-water interfaces and in relation to Wedding Cake Island, a potential icon.

 

 

 

Image 4: Site plan identifying views currently enjoyed from no.’s 66 & 68 Dudley Street, Coogee.

 

Unit 2/68 Dudley Street, Coogee

Front terrace entry

Figure 5: Standing views from front terrace entry.

 

Views are obtained across the front northern and eastern boundaries in a standing and sitting position.

 

Front sunroom/

dining room

Image 6:  Existing standing views from the front north eastern corner study/dining room windows looking in a north easterly direction above the front existing ridgeline of No. 70 Dudley Street.

 

Views are obtained across the front north eastern corner of the boundary in a standing and sitting position.

 

Image 7:  Standing views from the front eastern side facing study/dining room window looking across the subject site.  Photomontage of the proposed development shown in green.

 

Living & kitchen Area

 

Image 8:  Standing views from the east facing living and kitchen windows looking across the subject site.

 

W1 – Window to top of entry hallway stairs and looks directly opposite the living area.

 

W2 – Window directly opposite the living area.

 

W3 – Window directly opposite the kitchen area.

 

Views are obtained across the eastern side boundary in a standing and sitting position over the roof top of the neighbouring and subject sites.  The sitting views are not as extensive as the standing views.

 

Image 9: Closer standing views from the east facing living room window W1. (Refer to image 8 above).

 

Bedroom 1

Image 10: Standing view from east facing bedroom window.  The green lines indicate the proposed building will block at this view.

 

Views are obtained across the eastern side boundary in a standing position over the roof top of the neighbouring and subject sites.  The view is partially obscured by vegetation.

 

Bedroom 2

Image 11: Standing view from east facing bedroom window. The green lines indicate the proposed building will block at this view.

 

Views are obtained across the eastern side boundary in a standing position over the roof top of the neighbouring and subject sites.  Some of the views are obscured by vegetation and are filtered views of the ocean.

 

Secondary rear living room

Image 12: Standing view from east facing secondary rear living room window.

 

Image 13: Standing view from east facing secondary rear living room window. Photomontage of the proposed development shown in green.

 

Views are obtained across the eastern side boundary in a standing position over the roof top of the neighbouring and subject sites.  Some of the views are obscured by vegetation and are filtered views of the ocean.

Wall way windows

Image 14: Standing view from east facing secondary living room window in a north easterly direction.

 

Views are obtained across the eastern side boundary in a standing position over the roof top of the neighbouring and subject sites.  Some of the views are obscured by vegetation and are filtered views of the ocean.

66A Dudley Street, Coogee

Front lounge room window

Figure 15: Current standing views from front lounge room of no. 66A Dudley Street.

 

Figure 16: Standing views from front lounge room window of no. 66A Dudley Street. Photomontage of the proposed development shown in green.

 

Views are obtained across the front eastern corner of the boundary in a standing and sitting position.

 

Front terrace area

Figure 17: Standing views from front terrace.

Views are obtained across the front eastern boundary in a standing and sitting position.

 

 

Summary: The analysis above shows that the views affected from both residences assessed are obliquely across the side boundaries. The effect on the view across the side boundary is identified as being more difficult to maintain.

 

c)       The extent of the impact from the adjoining properties are assessed below:

 

Location

Extent of impact

Front terrace entry

Image 5 above demonstrates that the existing views from the front terrace entry will be maintained and will not be impacted by the proposed development.

Front sunroom/

dining room

Image 7 above demostrates that a significant portion of the ocean view and the entire view of Wedding Cake Island will be lost. The severity of the views lost depends where you are positioned in the room.

 

The land-water interfaces to Coogee Bay & Dolphins Point will be retained from the north facing window within this room; however, the east facing window to this view depending where you are positioned or distant in the room could be moderately affected.

Living & kitchen Area

 

Image 8 above demonstrates the north eastern and eastern views of the ocean, land-water interfaces to Coogee Bay & Dolphins Point and district views from all 3 windows will be entirely lost. The views lost are considered to be severe and devastating.

 

Bedroom 1

Image 8 above demonstrates the eastern views of the ocean will be entirely lost. The view loss is considered to be minor to moderate.

 

 

Bedroom 2

Image 11 above demonstrates the eastern views of the ocean will be entirely lost. The view loss is considered to be minor to moderate.

 

Secondary rear living room

Image 13 above demonstrates that majority of the eastern views of the ocean will be lost.  Minor filter views through the openings of the privacy screens could be retained.

 

Wall way windows

The view loss depends on where you are positioned in the hallway.  Majoity of the views to the south east end of the boundary will be mainatined.   The views to the north east will be lost.

 

Front lounge room window

Image 16 above demonstrates the view loss is very minor to negligible.

 

 

Front terrace area

Existing views from the front terrace will be maintained and will not be impacted by the proposed development.

 

Summary: The analysis above shows that the views largely affected are across the side boundary to Unit 2/68 Dudley Street.  The scenic features views to the front and north eastern corner of both affected properties will generally be maintained.  The impacts to no. 66 Dudley Street are very minor to negligible.

 

d)       The analysis above concluded that the view loss caused by the proposed development in respect of No.66A Dudley Street is negligible.  In relation the property at Unit 2/68 Dudley Street, the impacts identified from this property as a result of proposed development bearing in mind the retention of side views when assessed against the Land & Environment Court planning principle are acknowledged to be unrealistic to retain are considered to be moderate in the context of the remaining views available from this property. 

 

The proposal complies with the maximum allowable FSR and is well under the Height of Building standards in the RLEP 2012.  The architectural character, size and scale of the proposed building reflect Council’s built form controls for residential flat buildings in the locality.  The bulk and scale of the proposed building is consistent with the desired future character of the locality in terms of built form.

 

The proposed built form complies with the front setback and external wall height controls in the DCP 2013. The front north-west corner of the development where the views can be retained complies with the side setback control in the DCP 2013 and therefore, the view impacts are not caused by the non-compliant setback situated to the remaining built form along the western side boundary.

 

Notwithstanding the above, minor modifications to the design could improve the views and reduce the severity of the impacts to the east facing front study/dining room window and rear secondary living room windows.  It is therefore, recommended that the following modifications be made:

 

·          The front planter box to Unit 03 is to be deleted and the terrace is to be reduced in depth by 1m from the north eastern and north western most points to align parallel to the current alignment.  The privacy screen to the eastern edge of this balcony is to be reduced in depth to align with the northern most point of the kitchen to this unit.

 

·          The depth of the rear balconies to units 02 and 03 is to be reduced in depth to a maximum of 1.5m. The planter boxes adjacent to the balconies are to be retained in the reduction.

 

Whilst the amended development has been carefully configured to achieve a satisfactory level of view sharing between the site and the neighbouring properties by reducing the floor area and increasing the front setback to align with neighbouring properties further design modifications as recommended above will provide a better view sharing outcome.

 

Provided the above design considerations are implemented the proposed development is acceptable and the resultant view loss impacts will satisfy the Tenacity principle and the view sharing objectives of the DCP 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 site is located within Zone R3 - Medium Density Residential under Randwick LEP 2012. The proposed development complies with the building height and FSR control standards in RLEP 2012.  The proposed development is considered to compatible with the height, bulk and scale of other residential flat building in the neighbourhood.  Subject to conditions the relevant controls and objectives within Randwick DCP 2013 are satisfied and environmental impacts have been assessed as being acceptable.  The scale and design of the proposal is considered to be suitable for the location and is compatible with the desired future character of the locality. 

 

Subject to conditions the proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of solar access, view sharing and privacy.  An adequate level of amenity will be retained for the surrounding residents and the public domain.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended and the relevant legislation, State policies and local planning controls. The application is accordingly recommended for approval subject to proposed conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/803/2014 for demolition of the existing dwelling house and construction of a new 3 storey residential flat building containing 3 dwellings and basement parking for 7 vehicles including associated site and landscape works at No. 70 Dudley 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

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

 

a.     The planter box to the front balcony of unit 03 shall be deleted from the consent.

 

b.     The front balcony to unit 03 shall be reduced in depth by 1m from the north eastern and north western most points in a parallel line to the proposed north edge of the balcony.

 

c.     The maximum height of plant species used within the front building line on the ground floor plan shall be 1m above finished ground level and the type of species shall be included in the landscape plan.

 

d.     The depth of the rear balconies to units 02 and 03 shall be reduced in depth to a maximum of 1.5m. The planter boxes adjacent to the balconies shall be retained in the reduction.

 

e.     All privacy screens indicated within the development must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the proposed privacy lourves shall be spaced appropriately and fixed at an angle to prevent overlooking into neighbouring properties or the privacy screens may be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

f.      The following windows must have a minimum sill height 1.6m above floor level, or alternatively, the window/s are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·          The kitchen windows to units 02 and 03 on the western elevation.

 

g.     The eastern boundary masonry wall shall be reduced in height to a maximum of 2.2m at any one point.

 

h.     The concrete entry stairs at the front shall be replaced with alternate stairs that satisfy the definition of deep soil planting area as contained within the Randwick Comprehensive Development Control Plan 2013.

 

i.      As many of the existing sandstone blocks as possible shall be reused in the reconstructed front garage boundary wall.  Other sandstone blocks not suitable for the boundary wall shall be either reused for the proposed retaining walls within the site or stored on site for future use.

 

j.      The reconstructed boundary wall is to match as closely as possible the appearance and detail of the existing stonework including colour and pattern of stone, range of size and shape of blocks, and thickness and profile of capping in order to maintain continuity of the entire northern wall.

 

Amended plans demonstrating compliance with the requirements of conditions 2 a. – h. above are to be submitted to and approved by Council’s Manager of Development Assessment prior to issue of the construction certificate.

 

 

Attachment/s:

 

1.

DA Compliance Report -  70 Dudley Street, Coogee

Included under separate cover

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

RCC LOGO_Stacked_COLOUR_RGB

Director City Planning Report No. CP75/15

 

Subject:                  223-225 Coogee Bay Road, Coogee (DA/565/2015)

Folder No:               DA/565/2015

Author:                    Matthew Choi, Senior Environmental Planning Officer     

 

Proposal:                 Demolition of all structures on site and construction of a two storey mixed use development comprising commercial/retail floor spaces at ground floor level and 8 studio dwellings at first and mezzanine floor levels, associated site and landscape works

Ward:                      East Ward

Applicant:               Lewkovitz Property Super Annuation Fund

Owner:                    Lewkovitz Property Super Annuation Fund

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 as the cost of works exceeds $2 million.

 


 

Proposal

 

The application as amended on 13 November 2015, proposes the demolition of the existing structures and construction of a two storey mixed use development comprising commercial at the ground floor level and residential above.

 

The proposed design scheme includes the following:

 

·      External works including demolition of the existing commercial premises and site works; 

 

Ground floor level:

·      5 x commercial premises located at the ground floor level with 3 shops fronting Vicar Street and 2 shops fronting Coogee Bay Road.

·      Plant room and waste room services adjacent to the western boundary

·      Communal residential area at the rear of the site.

 

First floor level:

·      8 x studio apartments with private open space

·      2 x access core areas and lift from the ground to the first floor residential

 

Mezzanine level: 

·      2 x bedrooms for loft apartments fronting Coogee Bay Road.

 Figure 1: 233-235 Coogee Bay Road, Coogee as viewed from the eastern side of the dwelling 

Figure 2: The eastern neighbour at no.  

Figure 3: The existing sandstone rock outcrop at the rear of the dwelling

Figure 4: The existing car spaces located at the rear of the development.

Site

 

The subject site is presently known as Lot 1 DP 215568 and 223-225 Coogee Bay Road, Coogee. The site is located on the intersection of Coogee Bay Road and Vicar Street with the primary street frontage of Coogee Bay Road directly to the north and the secondary street frontage of Vicar Street to the east.

 

The site is rectangular in shape and topographically has a fall of approximately 2.87 metres from southern most portion of the site to Coogee Bay Road as measured from the Council footpath level. The subject site is currently occupied by the former Westpac Building and comprises of a remanent sandstone outcrop feature with off-street parking provided for 8 parking spaces located at the rear of the subject site.     

 

To the immediate west and east of the subject site are an existing two storey and three storey shop top housing development, respectively. At the rear of the subject site is an existing two storey dual occupancy development along Vicar Street. The built form within the immediate streetscape is characterised by a mixture of two and three storey scaled shop top housing developments on relatively small parcels of land and to the rear is a mixture of two and three storey low to medium density forms of residential accommodation.   

 

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:

 

·      2 Vicar Street, Coogee

 

Issue

Comment

The proposal includes the removal of an existing tree located on the south-western corner of the site which provides amenity within the local area.

The proposal includes the installation of a new tree located on the south-western corner will replace the existing tree and will provide a similar level of amenity to the existing tree.

 

Key Issues

 

·      Randwick Development Control Plan 2012

 

B7: Transport, Traffic, Parking and Access

The proposal involves the removal of 8 hardstand car parking spaces located at the rear of the existing building and does not provide any off-street parking spaces to the proposed development. The development will result in a shortfall of 14 car spaces as required by the vehicular parking rates prescribed within the RDCP2012 and does not comply with Council’s controls.

 

Council’s Development Engineer has reviewed the non-compliance of the parking requirements and does not support the provision of nil off-street parking for the following reasons:

 

The reduction in the availability of off-street parking spaces will burden the surrounding street network and may significantly impact on the availability of on-street parking within the immediate vicinity.

The accompanying traffic and parking assessment submitted with the application which considers the proximity of good public transport; the scale of development; the availability of on-street parking; location of local services; provision of sustainable transport options and site and building constraints does not provide a reasonable justification in support of providing any off-street parking spaces. In particular given the number of existing parking spaces provided and the significant departure from the Council controls.

The bicycle storage area within the outdoor communal area immediately adjacent to the waste area is not suitable in size to accommodate for two bicycle spaces and is inappropriately located and will impede pedestrian access between the ground floor communal area and the plant room. 

Development Engineering recommends the application be refused given the extensive number of changes required to provide parking as part of the proposed development.

 

In response to the objections received by Council’s Development Engineer the applicant has submitted a Parking and Traffic Assessment as part of the development application in support of the departure to the parking requirements. An extract from the statement of environmental effects includes the applicants written justifications to the non-compliance.

 

 

In considering the comments provided by Council’s Development Engineer and the Applicant’s justification, the lack of off-street parking is an acceptable for the following reasons: 

 

·      Council’s controls provide a strong emphasis on encouraging environmental sustainable transport opportunities in particular in localities where public transport infrastructure is frequented and facilities and services are available to meet the day-to-day needs of the residents. Clause 1.2(2)(c) and (e) of the Randwick Local Environmental Plan 2012 specifies the aims of the plan are; ‘to support efficient use of land, vibrant centres, integration of land use and transport, and an appropriate mix of uses’, and ‘to promote sustainable transport, public transport use, walking and cycling’. The proposed development satisfies the aims of the plan in that the subject site is located within a 120 metre walking distance to regular public transport bus services along Arden Street. The bus services include a number of bus routes which commutes within the Sydney Metropolitan Area and several bus services every hour between the hours of 6am – 9pm, Monday to Friday and 8am to 6pm, Saturday and Sunday. By its definition the subject site is considered to be within an ‘accessible area’ as per the State Environment Planning Policy for Affordable Rental Housing 2009. In addition to this, its location immediately adjacent to a range of retail business, entertainment and community uses make it a preferable option to endorse more environmentally sustainable forms of transport.

 

·      The subject site is physically constrained in its ability to adequately provide for off-street parking spaces. The width of the allotment at 12.7 metres is narrow and does not allow for appropriate turning maneuvering into designated parking spaces at the basement level. Furthermore, any parking at grade along the Vicar Street frontage of the development would significantly compromise the proposal’s contribution to the vibrancy of the town centre by replacing commercial space with parking. Parking at grade would not constitute a quality urban design outcome as it would result in a unattractive and unfriendly space that does not activate the Vicar St frontage or positively contribute to the appearance of the development within the public domain.

 

·      The applicant has also provided direct correspondence to the adjacent western neighbour at no. 217-221 Coogee Bay Road seeking to acquire the neighbouring site in order to amalgamate the sites and provide for a more generous site width. However, the adjoining neighbour has failed to respond to the requests of purchase. 

 

·      The commercial component will contribute to the shortfall in parking by 8 parking spaces whilst the residential shortfall will be 6 parking spaces. Traditional strip shopping centres don’t generally provide for off-street parking given they are typically constrained in their urban structure and form. Infill strip shopping developments are characteristically two to three storeys in building height, built to the street alignment for the full width of the allotment and occupy a large portion of the site. The urban character of these type of town centres is restrictive in providing for off-street parking spaces given it interrupts the active street frontage in providing for commercial tenancies and the continuity of the pedestrian footpaths. There are limited opportunities to provide for off-street parking spaces in comparison to other forms of residential accommodation where the inclusion of driveways through primary and secondary street frontages are commonplace. The corner location of the subject site also provides the opportunity to extend the commercial uses along Vicar Street. The increase in the number of and variety of small tenancies will contribute to the ongoing economic viability of the town centre. Further, given their size and configuration they are unlikely to be ‘destination’ uses and will generate less demand for car parking as visits to the these premises would coincide with other trips to the centre. On balance, the benefits to the streetscape and vibrancy of the town centre results in a better planning outcome  and should be given greater weight in the decision making process over the provision of car parking.

 

·      The development application was referred to the design review panel under the State Environmental Planning Policy (SEPP) 65: Design Quality of Residential Apartment Design. The panel supports the proposal to have no vehicular parking given the inherent site constraints including the narrow allotment width to allow for the provision of vehicular parking without destroying the lane frontage and the rock face on the frontage of Vicar Street.  The retention of this landscape element will allow the layers of history on the site to be integrated into a contemporary building form that will enhance its sense of place. In terms of its urban design the panel has advised that the proposed three storey building is a significant design improvement than the existing bank building and fits well within its local context. The attempt to activate the entirety of the Vicar Street frontage is strongly supported, as is the location of the residential entry. The design of the development has been commended by the Panel and advised that the development has the potential to become an excellent building and positive contribution to the area. The proposed building will sit comfortably within the streetscape of the town centre and has been designed to reflect the rhythm and pattern of the older shop top housing buildings in the vicinity of the site. The contemporary design of the building with its double height volume at the residential levels, generous lobby space and substantial floor to ceiling heights for the commercial level is characteristic of a well-considered and appropriately scaled building. The architectural resolution of the building is also highly sophisticated in its material quality and its refined expression will make an elegant statement in the town centre. The building has considerable architectural merit and will be a positive addition in its setting.  

 

·      The objectives of Clause 2.2: Car Share of the RDCP2012 encourages car share schemes where high public transport access is available. The intent is to provide an economic alternative to car ownership for both residents and businesses and as a means of reducing the number of off-street parking spaces. The applicant has proposed to off-set the number of off-street parking spaces by encouraging car sharing spaces through a go-get car sharing scheme on the eastern side of the dwelling along Vicar Street. The provision of one car share space is acceptable in reducing the reliance of private motor vehicle use and a reasonable alternative than providing off-street parking spaces given the existing site constraints attributed mostly by the nominal site width to provide off-street parking. A condition of consent has been included that prior to the issue of a construction certificate the applicant is required to obtain consent from Council’s Traffic Committee on the inclusion of a car share parking pod located immediately adjacent to the subject site along Vicar Street, Coogee, prior to the issue of any construction certificate.

 

·      A similar position was accepted by the Land and Environment Court to a development that was non-compliant with the minimum vehicular parking rates and was physically constrained in being able to accommodate off-street parking. In Sheer Property Group Pty. Ltd. & anor v Randwick City Council, an appeal was upheld in compensating the shortfall of 3-4 off-street parking spaces with the provision of a car share space and membership. The Court found that providing car share options were fully in line with the thrust of the sustainable transport measures detailed in the RDCP2012 and would also satisfy the relevant zoning objectives. Whilst the proposal represents a greater departure than the above proposal it was determined that for every share car, 9-13 private cars would be taken off the road. A single car share space is considered sufficient in addressing the non-compliance as it would be the residential component that would be more reliant on on site parking. 

 

·      The proposed apartment mix which provides for 8 studio apartments is preferred given it results in a reduced reliance of off-street car spaces than other forms of residential accommodation including 1, 2 and 3 bedroom apartments. Notwithstanding that two of the studios are relatively large, the bedroom space still remains as an open area connected to the living space and as such should they should still be characterised as studios for the purposes of Council’s DCP.

 

·      A condition of consent has been included that the proposed bicycle racks located immediately adjacent to the waste storage area within the communal open space area shall be relocated on the northern side of the surfboard rack area to maintain appropriate pedestrian clearance in entering and exiting from the ground floor level. 

 

Section 79(c)(1)(b) of the Environmental Planning and Assessment Act, 1979 (as amended):  The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Landscaping:

The landscape and soft landscaped area is an increase to the existing given the subject site currently provides no landscaping/soft landscaping and is not required to do so under Council’s DCP. The proposal will result in 7% and 3.6% of landscaping and soft landscaping to the subject premises. There is a reduced scope in providing landscaping to the subject site given it is located predominantly within a local centre zoning and the nature of the development on a corner allotment requires maximisation of the ground floor levels in accommodating commercial tenancies and to fully appreciate the lane frontage of Vicar Street. The nominal area dedicated for landscaping/soft landscaping is acceptable given it adjoins a number of similarly sited and dimensioned allotments which do not provide any landscaping on site. The proposal is acceptable in considering the local site context.  

 

Solar access and overshadowing:

The proposed development will contribute to additional overshadowing to the north-facing balconies and windows of the southern neighbour at no. 2-4 Vicar Street. As a guide, the Council’s controls require that any new development provide a minimum of three hours of solar access to the habitable room windows and private open space of the neighbouring dwellings. In considering the reduced setback, the proposal will result in the southern neighbour receiving less than the required three hours of solar access. The departure from the Council control is acceptable. The balcony with a depth of approximately 1 metre on the northern side of the dwelling does not serve as the dwellings principle outdoor recreation space. The rear neighbours principle outdoor recreation space is accommodated on the western side with landscaped open space adjacent to an existing swimming pool. Furthermore, the expected shadowing is considered reasonable given the subject sites corner positioning and the typical building envelope of the site as a corner allotment which affords much of its floor space in maximizing the depth of the commercial tenancies at the ground floor level. The studios at the first and second floor levels are also acceptable as the building height will generally remain consistent with the height of similar sited and dimensioned developments on corner allotments within the streetscape including nos. 199, 198-200, 201-203 and 227-233 Coogee Bay Road. The depth and height of the built form will remain compatible with similar buildings within the streetscape and subsequently the extent of overshadowing is reasonable in considering the density of developments within the streetscape. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal has been assessed against the relevant RLEP 2012 standards and RDCP 2013 controls and encompasses an acceptable form of development. The departure from the minimum parking standards as prescribed within the RDCP2013 is appropriate given its close proximity public transport infrastructure and the availability of facilities and services in meeting the day to day needs of the residents. The subject site is consistent with the neighbouring shop top housing developments which have little scope to provide for off-street parking and in order minimise the loss of off-street parking a car share parking pod will be provided at the cost of the applicant. The inclusion car parking at grade would not achieve good quality urban design and would detract from the character of the town centre. In this particular instance, the benefits to the streetscape and vibrancy of the town centre results in a better planning outcome and should be given greater weight in the decision making process over the provision of car parking.

 

The application is recommended for approval. 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/565/2015 for the demolition of all structures on site and construction of a two storey mixed use development comprising commercial/retail floor spaces at ground floor level and 8 studio dwellings at first and mezzanine floor levels, associated site and landscape works at 223-225 Coogee Bay Road, 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 east facing bay windows on the first and second floor levels of studio no. 7 shall not encroach onto the road reserve by more than 200mm. Details to be submitted to Council’s Manager Development Assessment for approval prior to issuing a construction certificate for the development.

 

b.     The bicycle racks immediately adjacent the commercial garbage room shall be relocated to the northern side of the surfboard racks within the communal courtyard area to provide for an appropriate pedestrian clearance.

 

3.       Application shall be made under the Road Transport (Safety and Traffic Management) Act 1999 for approval of a car share parking pod on the eastern side of no. 223-225 Coogee Bay Road, Coogee, prior to the issue of any construction certificate and, if approved, the Applicant shall provide evidence to Council of a membership entitlement providing that eight (8) occupants of the said property may use car share vehicles provided by GoGet Car Share or another relevant provider for a minimum period of (5) years prior to the issue of an Occupation Certificate for the said property under this development application.

 

 

Attachment/s:

 

1.

DA Compliance Report - 223 - 225 Coogee Bay Road, Coogee

Included under separate cover

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Planning Report No. CP76/15

 

Subject:                  123-129 Dolphin Street, Coogee (DA/169/2011/B)

Folder No:               DA/169/2011/B

Author:                    Louis Coorey, Senior Environmental Planning Officer     

 

Proposal:                 Section 96 modification of approved development to add planters to unit 3, relocate balcony of unit 204, and demolish unauthorised wall at rear

Ward:                      East Ward

Applicant:               Charas Constructions Pty Ltd

Owner:                    The Owners - Strata Plan No. 21213

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

This application is referred to Council as the original application was determined by Planning Committee on 6 December 2011.

 

Proposal

 

This section 96 application (DA/169/2011/B) seeks modification of the consent to:

·      Install new planter box along the full length of the western side terrace of unit 203 located for a significant length of the western side of the development.

·      Relocate a ground level terrace from the western side boundary to the rear northern end of unit 204 located at the north western corner of the development as shown in figure 1 below.

 

Associated works include:

 

·      Replace ground level west facing full length sliding doors with a highlight window and replace terrace with non-trafficable pebble area. Replace balustrade with a 200mm hob along the western side boundary.

·      Install 1.7m high privacy screen along the western side of the new terrace setback 2173mm from the western side boundary shared with No. 117-119 Boundary Street

·      Install ground level north facing full length sliding doors to access the new terrace. The proposed terrace is set back 1.4m from the rear boundary shared with No. 80 Bream Street.

 

Figure 1: Plan excerpt showing the deleted terrace relocated terrace to northern side opposite the rear boundary of No. 80 Bream Street and adjacent property at unit  2/182 Arden Street of which Council has received a submission. Note the proposed terrace (bounded in green), the neighbour’s bedroom window (bounded in yellow) who has made a submission raising concerns with the noise from the proposed terrace and an existing rear boundary wall (which is not sought to be modified as part of this application).

Note: The application also shows a western side planter along the length of the elevate terrace to unit 203. This planter is merely showing compliance with Condition 2b of the original consent. A site visit reveals that this planter has been installed. Therefore further assessment is not required under this section 96 application except to delete condition 2b of the original determination.

 

Application history

 

·      DA/169/2011: Original application determined by Planning committee on 6 December 2011 for substantial renovation to the existing residential flat building on the site including partial demolition works, construction of an additional level on the existing building, a new four storey residential flat building fronting Arden Street and reconfigured car parking and landscaping works to service the site.

 

·      DA/169/2011/A: Section 96 application determined by Planning Committee meeting on 12 December 2013 to increase lift size, internal changes to Unit 2.04, alteration to Arden Street building fire stair with new walls at ground level, alteration to units 301, 401 and 501, extension in floor slab at second floor of Dolphin street building on north side, addition of operable pergolas and planters for units 502 and 503 facing Dolphin Street.

 

Site

 

The subject site is located on the northern side of Dolphin Street, in close proximity to its intersection with Arden Street. Coogee Oval is located to the south of the site opposite. Residential flat buildings surround the site both adjoining and to the north whose rear boundaries abuts the rear boundary of the subject site.

 

The site is predominately rectangular in shape with a dogleg section at the north eastern end providing access off Arden Street. The site has a total area of 744.5m2. The site has a depth of 35.05 metres, a 19.81 metre frontage to Dolphin Street and a 4.57 metre frontage to Arden Street.

 

The site generally slopes from north (rear) to south (fronting Dolphin Street) with the highest approved planter box RL being 11.285 at the northern end of the site and the lowest RL being 7.32 at the southern end of the site fronting Dolphin Street. This gives the site a total fall of 3.965 metres.

 

The site is has currently under construction. Vehicular access to the site is via the Dolphin Street frontage and the driveway is positioned on the eastern side of the existing building. An access way to the rear of the site stems from Arden Street, running adjacent to the neighbouring building, No. 184 Arden Street. This provides pedestrian access only into the site.

 

Section 96 of the Environmental Planning and Assessment Act

 

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 proposal remains substantially the same Development. In this respect, it is considered that the proposed changes will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was granted. The scope of modifications will remain consistent with the original consent.

 

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:

 

2/182 Arden Street Coogee

Issue

Comment

Object to the following:

 

·      The existing wall at the rear of the premises has resulted in a loss of view from my 2nd bedroom window.

 

 

 

 

Based on the photos provided by the objector, the wall at the rear of the premises to which the objector raises as a source of view loss is the wall that runs between the Arden Street entry pathway and the terrace serving unit 201 which is not changing as part of this application.

 

Notwithstanding, with respect to the issue of view loss raised, the subject wall is a reasonable aspect of the development and located at ground level. In addition, the view from the objector’s bedroom window is to the Dolphin Street frontage and the only aspect that is affected by this wall is that of the footpath along Dolphin Street. Therefore the quality of this view is very low.

 

 

Overall, in terms of view loss this wall is not an unreasonable aspect of the development and the expectation of view retention along this corridor is diminished.

 

·      The proposed terrace will generate unacceptable visual and noise impacts.

 

The objectors premises and bedroom window sits on the boundary shared with the subject site which is closer to the subject site than that which would be afforded to a development under the current standards and policies. Nonetheless, as this is an existing site condition it must be considered in the context of the proposed new terrace.

 

Having regard to the visual and acoustic privacy of the objectors bedroom window it is considered reasonable for the following reasons:

 

·      The proposed terrace is associated with the single bedroom unit and relatively small area which is sited approximately 10m away which is considered to be an appropriate distance given the context of the site and the separation that currently exists between surrounding developments.

·      The terrace sits on a lower ground level than that of the objector’s ground level and as noted above located a sufficient distance from the objector’s window. This means that there would generally be an upward view towards the ceiling of the objectors bedroom

·      Bedrooms particularly the subject bedroom in its present location in close proximity to the subject site would contain its own privacy measures

·      A condition can be included requiring a 1.6m high privacy screen along the eastern side of the terrace to further restrict sightlines towards the objectors bedroom window.

 

Key Issues

 

Randwick Development Control Plan 2013 (RDCP)

The DCP and parts within it adopt a performance based approach where the provisions typically consist of two components, being objectives and controls (such as a numerical standard). If a proposal does not meet the numerical controls in the DCP, it however may still be supported in so far as it successfully demonstrates that an alternative solution could result in a more desirable planning and urban design outcome.

 

Visual and acoustic privacy

The objectives of the DCP in this regard are:     

 

·      To ensure a high level of amenity by providing for reasonable level of visual privacy for dwellings and neighbouring properties

·      To ensure new development is designed so that its occupants enjoy visual and acoustic privacy, whilst maintaining the existing level of privacy of adjoining and nearby properties.

·      To ensure a high level of amenity by providing for reasonable level of acoustic privacy for dwellings and neighbouring properties

·      To ensure dwellings are designed so that its occupants enjoy acoustic privacy, whilst maintaining the existing level of privacy of adjoining and nearby properties.

·      To ensure dwellings are designed to minimise impacts from significant exterior noise sources such as arterial roads, flight paths, industries and ports.

·      To design buildings with adequate separation within the development and from adjoining properties

 

Pursuant to the above objectives for visual and acoustic privacy, the proposed terrace at the rear of the building is a more suitable location for the following reasons:

 

·      The western side terrace rises well above the rear yard level of No. 117-119 Dolphin Street and affords an outlook into their rear yard. The proposed location of the terrace at the rear has a more consistent level with the rear yards of properties along the rear boundary of the subject site at No.  No. 80 Bream Street and No, 182 Arden Street. The proposed terrace levels sits below the planter level ensuring the rear boundary fence provides a good privacy buffer between the rear terrace and the rear yards of these properties 

 

·      The proposed terrace at the rear will be further away from the neighbouring dwellings than that of the existing terrace

 

·      The proposed privacy screen along the western side of the rear terrace in combination with the 2173mm side setback provides better levels of visual privacy protection to the rear yard of the neighbouring property at No. 117-119 Dolphin Street. The proposed privacy screen rises to the underside of the awning which will have a height of around 2.85m above the deck level. This is considered excessively high and not warranted. As such a condition is included requiring a reduction in the height of the screen to a maximum of 2.2m above the terrace level.

 

·      The proposal replaces the existing full length west facing doorway with a highlight window reducing the noise transfer from the subject apartment across to the property opposite at No. 117-119 Dolphin Street.

 

·      The proposed rear terrace adjoins the rear ground level courtyard of the flat building co-locating the terraced areas.

 

·      The terrace is associated with a single bedroom dwelling and only 10sqm in area and not considered to result in any inordinate noise nuisance to the neighbouring properties.

 

·      The terrace is approximately 10m metres from the nearest habitable room windows of neighbouring properties.

 

Side boundary fencing - Western side boundary walls

The Section 96 application also seeks to make modifications to the walls along portions of the western side boundary running for the length of the terrace to unit 204 to the north western corner of the site running alongside the planter box at the rear. Please note: The wall on top of the planter box at the rear western side boundary is unauthorised.

 

·      Western balustrade for the length of the existing terrace

 

The applicant proposes to remove the balustrade and provide a pebbled non-trafficable roof element along the length of the terrace area to be deleted. The application proposes to replace the balustrade with a 200mm hob over the proposed non-trafficable area. Photo 1 below shows the existing terrace and the approximate height of the proposed 200mm high hob. The doorway shown in the photo is to be replaced with a highlight window.

 

Photo 1: View through existing west facing doorway to terrace of unit 204 and balustrade facing the neighbouring property at No. 117-119 Dolphin Street.

 

·      Western wall for the length of the rear planter

The section 96 application seeks to remove an unauthorised western wall located on top of the rear planter – as shown in photo’s 2 and 3 below. The photos below show the western wall from within the subject site and the western neighbours rear yard at No. 117-119 Dolphin Street.

 

Photo 2: View from within subject site looking westward. The soil level of the planter is approximately RL11.285 to which the wall is sought to be reduced. The planting area behind will remain non trafficable and will only be used for maintenance purposes. This area will be required to be provided with anchor points to ensure safe access during maintenance.

 

Photo 3: View looking eastward from rear yard of 117-119 Dolphin Street towards the subject site shows the western wall along the rear planter.

 

The reduction in the western wall along the length of the planter reduces the height of the wall so that it is similar to the height of the existing side boundary fence. Therefore no objections are seen to this aspect of the Section 96 modification.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Overall, the proposed modifications satisfy the relevant RDCP 2013 controls relating to privacy of neighbouring properties and will not result in any significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

The proposed reallocation of terrace of unit 204 from the western side boundary to the rear represents an improvement to the privacy enjoyed between the subject site and that of No. 117-119 Dolphin Street. The proposed relocation of the terrace to the rear will not result in any significant or unreasonable adverse privacy impacts on the

neighbouring properties to the rear and satisfies the relevant objectives under the RDCP 2013.

 

However, the proposed privacy screen along the western side of the terrace whilst substantially setback has a height that is considered unnecessary and therefore a condition is included requiring a reduction of the privacy screen to a maximum of 2.2m above the terrace level. A condition is also required for a 1.6m high privacy screen along the eastern side of the new terrace.

 

Consequently, subject to a condition being included requiring the reduction in the height of the privacy screen, the remaining parts of the proposed modifications are suitable for the site, and the application is, therefore, recommended for approval.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 96 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/169/2011 for Section 96 modification of approved development to add planters to unit 3, relocate balcony of unit 204, and demolish unauthorised wall at rear, at No. 123-129 Dolphin Street, Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

        Amend Condition No. 1 to read:

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

Revision

Drawn by

Stamped

DA01

G

Julie Cracknell & Peter Lonergan Architects

14 November 2011

DA02

G

DA03

G

DA04

G

DA05

G

DA06

G

DA07

G

DA08

G

DA09

G

DA12

G

 

Landscape Plan

Revision

Drawn by

Stamped

LP 01/B

B

Narelle Sonter Botanica

14 March 2011

 

Basix Certificate

Number

Date

123 Dolphin Street

348606M

13 December 2010

 

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

Plan

Revision

Drawn by

Stamped

S96 202

 

Arkivis

16 July 2013

S96 203

 

S96 204

 

S96 205

 

S96 206

 

S96 301

 

S96 302

 

S96 303

 

S96 304

 

S96 401

 

 

only in so far as they relate to the modifications highlighted on the Section 96 “A” plans and detailed in the Section 96 “A” application, and except as may be amended by the Section 96 “A” conditions and as may be shown in red on the Section 96 “A” plans;

                    

as amended by the Section 96 “B” plans and supporting documentation listed below:

 

Plan

Revision

Drawn by

Stamped

Sheet 01

C

Arkivis

6 October 2015

Sheet 02

C

Sheet 03

C

Sheet 04

C

Sheet 05

C

Sheet 06

C

Sheet 07

C

Sheet 08

C

Sheet 09

C

Sheet 10

C

Sheet 11

C

Sheet 12

C

 

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

 

Non-standard conditions

 

Amend condition 2b to read:

 

Amendment of Plans & Documentation

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

 

b.     The screen located along the western side of the rear terrace to unit 204 (shown on the Section 96 “B” plans) shall be reduced to a maximum height of 1.8m above the terrace level. The screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

        A privacy screen having a height of 1.6 m above the terrace level must be provided to eastern side of the rear terrace to unit 204 (shown on the Section 96 “B” plans). The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

Add condition 2e:

e.     The western wall above the planter at the north-western end of the site shall be reduced in height to a maximum RL11.305 allowing for a 200mm hob above the planter level. This area including the pebbled area to the south shall be non-trafficable.  No balustrades or barriers shall be installed along the western side boundary with only anchor points permitted for the purposes of safe maintenance only.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Planning Report No. CP77/15

 

Subject:                  10 Nagle Avenue, Maroubra (DA/162/2014/B)

Folder No:               DA/162/2014/B

Author:                    City Plan Services, Pty Ltd     

 

Proposal:                 Section 96 modification of the approved development by increasing the size of the first floor addition. Original consent: Alterations and additions to the existing semi detached dwelling house including new first floor addition and front hardstand car space.

Ward:                      Central Ward

Applicant:               Mr P Rigby

Owner:                    Mr P Rigby & Mrs P F A Rigby

Summary

Recommendation:   Approval

http://wnadm10:8084/eview/output/eview43319.png

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

Development Application Executive summary report

 

This application has been assessed by an external planning consultant and referred to Council for determination as an affected adjoining property is owned by a Randwick City Councillor.

 

1.  Proposal

 

Development Consent No DA/162/2014 was granted by Randwick Council on 5th May 2014 for alterations and additions to the existing semi-detached dwelling house including new first floor addition and front hardstand car space.

 

The subject application seeks to modify the approved development, in accordance with Section 96 (2) of the Environmental Planning & Assessment Act 1979 in the following manner:

 

·      Alterations to the first floor level by increasing the floor space by 23.18m² to include 1 additional room so that the first floor addition comprises:

3 x rooms, each with a robe;

1 x room, without a robe; and

1 x bathroom.

 

Note:

The drawings describe the first floor as an “attic”. Under the Randwick LEP, an “attic” means ’any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.’ The proposed addition is not contained wholly within the roof and the proposed elements outside the roof are not minor. Therefore, the proposed development is properly described as a first floor addition.

 

2.  Site

 

The subject site is located at No. 10 Nagle Avenue, Maroubra and is legally described as Lot A in DP 410824. The site is rectangular in shape with an east/west orientation and is located on the western side of Nagle Avenue, approximately 75 metres south of its intersection with Chichester Street. The site has a frontage of 6.235 metres and an overall depth of 37.18 metres with a total site area of 231.7 square metres.

 

The site contains a semi-detached dwelling house constructed up to the common southern boundary, with a pergola and yard at the rear. The site is relatively level.

 

The immediate locality is characterised by a mix of one to two storey single, attached and semi-detached dwellings. The land adjoining to the north and south contains semi-detached dwellings.

 

The land adjoining to the west contains the rear yard of No. 146 Paine Street. This land contains a two storey semi-detached dwelling

 

The adjacent semi-detached dwellings to the north at 6 & 8 Nagle Avenue are shown in Figure 1. The proposed development is similar to these dwellings in that it will display the bulk of the first floor addition setback from Neptune Street and positioned behind the apex of the main roof.

 

 

Figure 1 – View toward the semi-detached dwellings at 6 & 8 Nagle Street, on land adjacent to the subject dwelling (source: City Plan Services Pty Ltd).

 

 

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 (DCP 2013). One (1) submission objecting to the proposed development was received from the adjoining property to the north at No. 8 Nagle Avenue as a result of the notification process. The objection is summarised as follows:

 

Loss of privacy

The proposed windows 4 & 8 shown on the north elevation should be replaced with highlight windows. The objection is based on concerns for loss of privacy.

 

Comment

This concern raised by the neighbour at No. 8 Neptune Street is addressed in the Key Issues section of this report.

 

 

4.  Key Issues

 

        4.1 Section 96 Assessment

 

Under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, 1979, as amended, Council may only modify an existing Development Consent if the following criteria has been complied with:-

 

          4.1.1 Substantially the Same Development

 

Under Section 96(2)(a) the consent authority must be satisfied that the development as modified will remain substantially the same as the development as originally approved.

The modifications are consistent with the original application and will not change the nature of the approved development (ie. alterations and additions to the existing semi-detached dwelling house including new first floor addition and front hardstand car space). The development will therefore remain substantially the same as approved in the subject development consent.

 

          4.1.2 Notification and Consideration of Submissions

 

Section 96(2)(c) requires the consent authority to notify the application in accordance with the Randwick Development Control Plan 2013 (RDCP) and give consideration to any submissions made concerning the proposed modification within the period prescribed.

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the RDCP – Public Notification.

 

As a result of the notification, one (1) submission objecting to the proposed development was received from the adjoining property to the north at No. 8 Nagle Avenue.

 

The objection detailed concerns for privacy and a request to change the proposed windows along the north elevation to highlight windows.

 

The previous approval (DA/162/2014/A) included four (4) highlight windows along this elevation, as shown in Figure 2.

Figure 2 – North elevation plan of previous DA/162/2014/A approval (source: DA/162/2014/A notification plans).

 

The proposed modification seeks to change the size and location of the windows along the north elevation. It is proposed to include an additional highlight window and increase the size of two windows, as shown in Figure 3.

 

Figure 3 – North elevation plan of proposed DA/162/2014/B modification (source: DA/162/2014/B notification plans).

 

 


The objector’s windows face directly opposite the proposed new windows, as shown in Figure 4.

Figure 4 – Showing the location of the existing windows at No. 8 Nagle Avenue on the right (source: City Plan Services Pty Ltd).

 

Consideration of the relevant Randwick DCP 2013 is detailed in Section 4.3 of this report which further assesses the proposed impacts on privacy.

 

          4.2 Section 79C Assessment

 

Section 96(3) requires the consent authority to consider such of the matters referred to in Section 79C (1) as are of relevance to the development the subject of the application.

 

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

 

          4.2.1 Environmental Planning Instruments

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

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 96 modification makes a material change to the BASIX commitments as originally approved.

 

The applicant has submitted a new BASIX certificate. The plans have been checked with regard to this new certificate and they are consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX were included in the original determination.

 

Randwick Local Environmental Plan 2012 (RLEP)

The proposal is consistent with the aims and objectives of the RLEP 2012. The applicable development standards are addressed below.

 

Clause 4.3 – Height of buildings

Clause 4.3 stipulates a maximum building height of 9.5m for the site. It is not proposed to change the maximum building height of 6.3m approved under DA/162/2014. Further, it is not proposed to vary the maximum building height development standard of 9.5m.

 

Clause 4.4 – Floor Space Ratio

Clause 4.4(2B) stipulates there is no maximum floor space ratio for a dwelling house or semi-detached dwelling on a lot that has an area of 300 square metres or less.”

 

It is proposed to increase the floor space ratio by 23.18m², however the proposed increase does not require a variation to the FSR standard as the site is less than 300m², being 231.7m².

 

        4.3 Randwick Development Control Plan 2013 (RDCP)

 

        C1: 5.3 – Visual Privacy

 

The objective of Clause 5.3 of the RDCP is “to ensure development minimizes overlooking or cross viewing to the neighbouring dwellings to maintain reasonable levels of privacy.” The relevant controls then include:

 

i)        All habitable room windows must be located to minimise any direct viewing of existing habitable room windows in adjacent dwellings by one or more of the following measures:

·      Offsetting or staggering windows away from those of the adjacent buildings.

·      Setting the window sills at a minimum of 1600mm above finished floor level.

·      Installing fixed and translucent glazing up to a minimum of 1600mm above finished floor level.

·      Installing fixed privacy screens outside the windows in question.

 

ii)       The windows to the living areas must be oriented away from the adjacent dwellings where possible. In this respect, they may be oriented to:

·      Front or rear of the allotment

·      Side courtyard

 

The proposed first floor window on the western (rear) elevation faces the rear of the site and is setback approximately 10.4m from the adjoining property’s areas of private open space. This proposed window will not result in overlooking of the adjoining properties and satisfies Clause 5.3.

 

The proposed first floor windows on the northern elevation facing the neighbouring property at No. 8 Nagle Avenue, have the following characteristics:

 

Window

Room Type

Sill height

3

Bedroom

1.6m

4

Open Living Area

1m

5

Bathroom

1.9m

8

Bedroom

1m

6

Bedroom

1.6m

 

The neighbouring property at 8 Nagle Avenue includes 4 highlight windows and 1 screened window at first floor level. At ground floor level there are a number of windows.

 

As described in the RDCP, windows to the living areas must be oriented away from the adjacent dwellings where possible. The proposed living area is not located away from adjacent dwellings due to the location of the internal stair along the southern side of the dwelling. In this circumstance, the position of the living area is acceptable. However, the living area comprises window 4 which has a sill height of 1m and therefore would enable overlooking and cross viewing into the neighbouring dwelling.

 

Although complete privacy between the dwellings is not achievable or practicable, a reasonable level of privacy between dwellings is to be achieved. As windows 4 & 8 do not have sill heights of 1.6m above the finished floor level, they do not minimise overlooking or cross-viewing to the neighbouring dwelling. As such they do not maintain reasonable levels of privacy as required by the RDCP. Therefore it is recommended that a condition be included requiring windows 4 & 8 to comprise:

 

·      Fixed and translucent glazing up to a minimum of 1600mm above the finished floor level, or

·      Fixed privacy screens outside the windows, or

·      Window sills set at a minimum of 1600mm above finished floor level.

 

in order to preserve and maintain the privacy of the neighbours.

 

        C1: 3.2 Building Height

 

This section of the RDCP requires the minimum floor-to-ceiling height for living areas to be 2.7m. The proposed floor-to-ceiling height of the open living area is 2.2m being a variation of 0.5m.

 

The control is guided by the following objectives:

 

·      To ensure development height establishes a suitable scale to the street and contributes to its character.

·      To ensure development height does not cause unreasonable impacts upon the neighbouring dwellings in terms of overshadowing, view loss, privacy and visual amenity.

·      To ensure the form and massing of development respect the topography of the site.

 

The RDCP 2013 describes ‘building height’ as a major factor affecting the visual mass of a development and the degree of overshadowing on the neighbouring properties. The inconsistency with the minimum 2.7m floor-to-ceiling height has no impact on the overall visual mass of the development for the following reasons:

 

·           The proposed development complies with the RLEP maximum building height of 9.5m, being a maximum of 6.3m.

·           The development will not cause unreasonable impacts upon the neighbouring dwelling in terms of view loss, privacy and visual amenity if windows 4 & 8 are installed with fixed and translucent glazing or fixed privacy screens outside the windows.

·           The topography is flat which supports the form and massing of the development, similar to surrounding built forms.

 

The minimum 2.2m floor-to-ceiling height is therefore acceptable in this circumstance.

 

        4.4 Site Suitability

The site has been assessed as being suitable for alterations to the existing development. The proposed modification for increasing the size of the first floor addition is not considered to result in any unfavourable impact on the streetscape or amenity of the surrounding residential dwellings and is considered to be suitable for the modified development. 

 

4.5 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.

 

5.  Financial impact statement

 

There is no direct financial impact for this matter.

 

6.  Conclusion

 

The proposed modification remains substantially the same as the development for which the consent was originally granted and complies with the provisions of the Randwick LEP 2012 and Randwick Comprehensive DCP 2013. The modified development of increasing the size of the first floor addition will not result in any additional adverse environmental impacts upon the amenity of the adjoining neighbours. Accordingly, the application is recommended for approval, subject to conditions, including the installation of fixed and translucent glazing or fixed privacy screens outside windows 4 & 8 to preserve and maintain the amenity of the neighbours.

 

 

 

 

 

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/162/2014/A for permission to Section 96 modification of the approved development by increasing the size of the first floor addition at No. 10 Nagle Avenue, Maroubra. Original consent: Alterations and additions to the existing semi detached dwelling house including new first floor addition and front hardstand car space for 10 Nagle Avenue, MAROUBRA  NSW  2035 in the following manner:-

 

·       Amend Condition No. 1 to read:

A.  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

8/14

Peter Banfield

11 March 2014

27 March 2014

 

BASIX Certificate No.

Dated

Received by Council

A182822_02

20 March 2014

27 March 2014

 

Except as amended by the Section 96 ‘A’ plans and supporting documentation listed below:

 

Plan

Drawn by

Dated

Received by Council

8/14A

Peter Banfield

31 July 2014

8 August 2014

 

BASIX Certificate No.

Dated

Received by Council

A182822_03

31 July 2014

8 August 2014

 

And as amended by the Section 96 ‘B’ plans and supporting documentation listed below:

 

Plan

Drawn by

Dated

Received by Council

8/14A

Peter Banfield

1 October 2015

16 October 2015

 

BASIX Certificate No.

Dated

Received by Council

A182822_06

13 October 2015

16 October 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.

 

·          Amend Condition No. 2 to read:

 

2.c.     Windows 4 & 8 are to comprise:

 

·          Fixed and translucent glazing up to a minimum of 1600mm above the finished floor level, or

·          Fixed privacy screens outside the windows, or

·          Window sills set at a minimum of 1600mm above finished floor level.

 

          in order to preserve and maintain the privacy of the neighbours.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                   8 December 2015

 

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General Manager's Report No. GM23/15

 

Subject:                  Continuation of Community Partnership with Eastern Suburbs District Rugby League Football Club

Folder No:               F2014/00414

Author:                    David Kelly, Manager Administrative Services     

 

Introduction

 

At the ordinary meeting held Tuesday 25 November 2014 Council resolved:

 

(Andrews/Stavrinos) that:

 

a)     Council enter into a “Community Partnership” with the Eastern Suburbs District Rugby League Football Club with the $20,000.00 plus gst contribution to come from savings identified in the December 2014 Budget review;

 

b)     the General Manager be delegated authority to enter into a Memorandum of         Understanding with Eastern Suburbs District Rugby League Football Club; and

 

c)     a report on the success of the 2015 Community Partnership to come back         before Council.”

 

In accordance with clause (c) of the above resolution this report is submitted and recommends continuing with this community partnership after a very successful inaugural year. A year-end report from the Eastern Suburbs District Rugby League Football Club (Sydney Roosters) summarising the achievements of the partnership is attached.

 

Issues

 

Our community partnership with the Eastern Suburbs District Rugby League Football Club was established to target schools and disaffected youth in the central and northern suburbs in the Randwick City area. As part of the partnership, a total of fifty tickets will again be made available to every Roosters’ home game and will be available for Council to distribute as it sees fit. Last year these tickets were used as a reward for progress made at school, for volunteer work undertaken in the local area, for group morale building events, as gifts to schools in the area and for many other reason chosen by Council and its youth workers.

 

Throughout the year there will again be tickets allocated to Council for various events which Council will also be able to utilise as a reward for those community members identified as having made the most outstanding contribution to our community in a voluntary capacity.

 

Once again, under this community partnership, there will be an annual coaching clinic held by the Sydney Roosters at Burrows Park, Clovelly. Last year’s event was a great success with schools in the Clovelly, Coogee and Randwick areas in attendance. Council youth workers will again be able to invite selected youth they have dealings with. The Roosters will continue to provide high profile player(s) to certain Council events such as White Ribbon Walk, Coogee Family Fun Day, Randwick Spot Festival, Randwick Sports Awards and NAIDOC Week.

 

In addition to these wonderful programs there are a number of other opportunities that both organisations are able to utilise to get our positive messages out into the community. These include, but are not limited to:

 

·          Joint banners at strategic locations throughout Randwick and Clovelly promoting youth events;

·          Youth project related stories from both organisations in our respective newsletters;

·          Including information on both organisations’ youth projects in our rates notice;

·          Links between our websites with each other’s good news and/or important stories on our respective websites and other publications;

·          Roosters school visits could tell the kids about some of Council’s Programs and other youth programs available;

·          The Roosters working with our local chambers of commerce in an attempt to work together to create business and economic development opportunities; and

·          The Roosters working with Randwick City Council Partner organisations, community groups and programmes in particular Aboriginal & Torres Strait Islander Programs and Multicultural Programs and Projects.

 

Our community partnership in 2015 was heavily weighted towards our local primary school aged children benefiting from the clubs’ Roosters Against Racism Program, NRL Wellbeing and Teacher’s Aid programs. In 2016 we are proposing to expand our partnership by adding a new program for our secondary school students entitled “Leadership, Mentoring and Work Experience.”

 

Led by Sydney Roosters Anthony Minichiello and the Roosters Community Department, the program is designed to inspire high school students to define their ambitions and career goals and create the steps to achieve them. Using the NRL Dream Believe Achieve teaching resource, the classroom based program covers SMART goals, resilience, self-belief and leadership. A highlight of the program is a career talk by Anthony Minichiello and how he overcame many challenges throughout his career to achieve success through hard work and determination, consistency and making the right choices off the field.

 

The aim of the program is to harness the Roosters popularity to empower and educate students about the importance of having a dream and how to work towards their goals and aspirations. The program is linked to the Australian Curriculum. To further support year ten students the Sydney Roosters will work in partnership with secondary schools and make available work experience opportunities across all departments of the business including but not limited to Commercial, Marketing, Digital and Community

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2c:             Strong partnerships between the Council, community groups and government agencies.

 

Financial impact statement

 

The cost of this community partnership will be $30,000.00 plus GST per year, which has been allowed for in Council’s Community Development budget.

 

 

 

Conclusion

 

This exciting “Community Partnership” with the Eastern Suburbs District Rugby League Football Club has resulted in major benefits for both our organisations and, more importantly, our local community. These benefits have included:

 

·          Both organisations raising their profile in the community through the local media and with mutual marketing and advertising opportunities;

·          Better targeting of schools and particular disaffected youth using high profile footballers who can better connect with these traditionally difficult areas;

·          Greater community awareness of the programs being run by both organisations; and

·          Being able to reward our volunteers, school children and disadvantaged youth for their efforts.

 

Recommendation

 

That:

 

a)     Council continues with the “Community Partnership” with the Eastern Suburbs District Rugby League Football Club with the $30,000.00 plus GST contribution to come from Council’s Community Development budget;

 

b)     the General Manager be delegated authority to enter into a Memorandum of         Understanding with Eastern Suburbs District Rugby League Football Club; and

 

c)     a report on the success of the 2016 Community Partnership to come back        before Council.

 

 

Attachment/s:

 

1.View

Community Partnership – Year End Report

 

 

 

 


Community Partnership – Year End Report

Attachment 1

 

 

Sydney Roosters And Randwick City Council Community Partnership 2015

 

Executive Summary

 

2015 has been a very successful year for the Sydney Roosters Community Department and the local community we support. Our aim is to support the disadvantaged and their families helping to make our community a safer and more inclusive place to live with a focus on education, health and cultural awareness.

 

Sydney Roosters Programs delivered in the heart of the Randwick City catchment area include: 

 

R.E.A.D  (Read, Engage, Assist, Delight)

 

The R.E.A.D program, a new initiative for 2015 is designed to help engage children in their education. R.E.A.D schools include Randwick Public School, St Anthony’s Primary School,  Kensington Public School and Coogee Public School.

 

Read Case Studies

 

Anthony Minichiello gives reading lessons to inspire children at Randwick Public School. Sydney Roosters under 20’s players assist with Friday Afternoon sport at Kensington Public School to help enthuse and motivate students who don’t like to participate in Physical Education. Roosters NRL players support teachers at St Anthony’s in a teachers aid capacity.

 

Roosters Against Racism

 

The Sydney Roosters launched the ‘Roosters Against Racism’ program in March 2014. This program aims to address racism and prejudice within the local community and educate participants on appropriate strategies for countering racism.

 

Presentations are delivered by Roosters ambassador Anthony Minichiello and current NRL players, with the support of qualified program officers. Players who have been personally affected by racism share their stories, explaining to students how it impacted them and how they were able to overcome the issue. By discussing racism through personal experiences of notable NRL players, the program aims to encourage school children to reflect on and promote acceptance, mutual respect and fair treatment of all people regardless of their cultural, racial or religious backgrounds.

 

Beneficiaries

•       St Anthony’s Primary School Year 5

•       St Anthony’s Primary School Year 4

•       Kensington Public School Year 4

•       Randwick Public School Year 4

 

 

 

 

 

Wellbeing Assemblies

 

The Roosters, also known as Easts Football Club, are the only continuous Foundation Club in the National Rugby League (NRL). We have won 13 Premierships with the first in 1911, the most recent in 2013. In the past 5 years the Roosters have won the Minor Premiership three times, NRL Telstra Premiership Title and the World Club Challenge with a team made up of international sporting heroes and role models.  Using the Roosters team as a case study the Roosters Community department are able to deliver inspiring assemblies on healthy lifestyles, wellbeing and team culture.

 

Beneficiaries

•       Kensington Public School

•       St Anthony’s Clovelly

•       St Margaret Marys

•       Coogee Public School

•       St Brigid’s, Coogee

 

Randwick City Council School’s Coaching Clinic

 

The inaugural Sydney Roosters and Randwick City Council Schools Coaching Clinic for Randwick Public School, St Brigid’s Coogee and St Margaret Marys proved a huge success. The rain prevented neighbours St Anthony’s, Clovelly from attending, however more than 80 children descended on Burrows Park for a clinic supported by 10 NRL squad players including Clubman of the Year Mitchell Aubusson and rising star Dylan Napa.

 

Event and other Community support 

 

NRL Community Carnival Launch, Soldiers Settlement School, Matraville

 

Tuesday 3 February 2015

 

Sydney Roosters Co-Captain Jake Friend and Roosters ambassador Anthony Minichiello attended the NRL community carnival launch and spent the morning talking to the pupils about wellbeing on everything from nutrition and healthy eating, to the importance of regular exercise and its effect on mental health.

 

Randwick Spot Festival, Randwick

 

Sunday 8 March 2015

 

Each year the Sydney Roosters support the Randwick Spot festival. The Roosters dancers and the mascot mingled with the crowd, performed on the stage and spoke to the audience in a Q & A with the event host. The Community team also had giveaways for the kids.

 

NAIDOC Celebration, Matraville

 

Tuesday 7 July 2015

 

Sydney Roosters ambassador Anthony Minichiello and the Roosters girls attended the NAIDOC event at Duffy’s Corner. Anthony spoke as part of the formalities and took part in the day’s activities.

 

Randwick City Council Sports Awards

 

Anthony Minichiello joins the judging panel for the 2015 Randwick City Council Sports Awards. The Roosters will also provide prizes and giveaways for attendees.

 

 

Sydney Roosters and Ted Noffs

 

Easts continues a long tradition of supporting the local community with the historic ‘Easts House’ at Randwick. The building ceased to operate as a post office in 1996, and in October 2000 the building was purchased by Eastern Suburbs Leagues Club, to be used as the Administration Centre for the Ted Noffs Foundation in its work assisting Australian youth in crisis. The project was four years in the making, and the passing over of Easts House for use by the Ted Noffs Foundation is the largest individual project ever supported by Easts. The support continues today, with the Administration Centre in its 12th year of being housed at Easts House.

 

The Eastern Suburbs District Rugby League Football Club also maintains close ties with the Ted Noffs Foundation at a community level. Players visit the Foundation and young people regularly attend Sydney Roosters home games, training sessions and meet -the team- events.

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Services Report No. CS18/15

 

Subject:                  Proposed Removal of Weeping Fig - 75-77 Arden Street, Coogee

Folder No:               F2015/07359

Author:                    Jorde Frangoples, Director City Services     

 

Introduction

 

Council at its Ordinary Meeting held on 25 August 2015 resolved:

 

“(Smith/Stavrinos) that Council:

 

a)     note the representations of owners in the building at 75-77 Arden Street, Coogee, regarding the damage being caused by the Weeping Fig at the front of the property.

 

b)     lodge a development application with standard notification procedures for the removal of the tree that will be reported back to Council post assessment.

 

c)     affirm that it has no pre-determined position on the proposed development application.”

 

Issues

 

As first step in lodging a Development Application on behalf of the property owners at 75 Arden Street, Council officers engaged an independent Planning Consultant.  Subsequently, the Planning Consultant engaged a Consultant Arborist to provide him advice on the tree.

 

The brief was to prepare a Statement of Environmental Effects to support the Development Application.

 

The arborist has met with a representative of the owners of 75 Arden Street Coogee.

The Planning Consultant has concluded:

 

“based on the principals of the NSW Land and Environment Court, the Arborist’s report and the Randwick LEP and DCP controls, removal of the tree cannot be supported.”

 

On this basis, it is not open for Council Officers to lodge a Development Application given that the relevant independent consultant does not support the proposal.

 

The options for the owners of 75 Arden Street, Coogee, include:

 

1.   Implementing the works listed in the conclusions of the Planning Consultants Report.

2.   Lodge a Development Application with supporting Statement of Environmental Effects at their cost.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

Outcome 10:     A Healthy Environment.

Direction 10b:   Environment risks and impacts are strategically managed.
Key Action:       Develop and implement policies, programs and strategies to manage                         environmental risks and impacts.

 

Financial impact statement

 

The Consultant costs to date amount to approximately $2,150.

 

Conclusion

 

The Planning Consultant does not support the removal of the tree as outlined in the conclusion of his report.

 

 

Recommendation

 

That Council:

 

a)     notify the representative of 75 Arden Street, Coogee that it will not be preceding with the Development Application.

 

b)     inform the resident of the list of mitigation works recommended by the Planning Consultant.

 

Attachment/s:

 

1.

Link to the Planning Report - 75-77 Arden Street, Coogee

 

 

 

 


Ordinary Council                                                                                                   8 December 2015

 

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Director City Services Report No. CS19/15

 

Subject:                  Light Rail Support Program – Parking Supply and Management

Folder No:               F2015/00045

Author:                    Tony Lehmann, Manager Integrated Transport     

 

Introduction

 

The introduction of the Light Rail will result in the loss of on-street parking spaces.  Previously the Council resolved to ameliorate these losses by introducing, where possible, angle parking in streets close to the Light Rail alignments.  This report proposes a process whereby the community is informed of the angle parking proposals and construction is undertaken.  It also addresses the processes for managing parking near to the light rail alignment.

 

Background

 

More than 700 parking spaces will be permanently removed within the Randwick Council area as a result of the Light Rail project.  In April 2014, the Council adopted it’s light rail support plan package.  In an effort to meet the parking needs of the residential and commercial areas, $10.5M of the light rail support package was allocated for parking improvements. 

 

There are two main aspects to parking of cars:

 

1.     Parking Supply (total number of spaces), and

 

2.     Parking Management (who, where, when, duration…?)

 

 

Parking Supply

We have identified streets that offer opportunities for the introduction of angle parking within close proximity of the light rail alignments. The streets which are currently being investigated for the introduction of angle parking are:

 

 

·             Middle Street

·             Harbourne Road

·             Forsyth Street

·             Meeks Street

·             Wallace Street

·             Bruce Street

·             William Street

·             Blenheim Street

·             Eurimbla Avenue

·             Mears Avenue

·             Soudan Street

·             Boronia Street

·             Carlton Street

·             Goodwood Street

·             Bowral Street

·             Bradley Street

·             Coogee Bay Road  

·             Roma Avenue

·             Addison Street

·             Villiers Street

·             Abbotford Street

 

Detailed parking layout and construction plans are being produced for each of these streets. They are being developed in the same order as the proposed construction of the light rail project. In preparing these plans, particular attention has been given to ensuring that appropriate landscaping is incorporated in order to produce a higher quality outcome.  Once the detailed plans are finalised it is proposed to inform the business and residential community, both along the alignment and in the streets where the parking changes are proposed.  This will be by way of letterbox drop and posted letters indicating the proposed changes. The community will be provided with a 3 week response period.  Based on the feedback received the plans may, or may not be modified.  Ultimately, increasing the total supply of parking in the streets close to the light rail alignments will reduce residential street parking pressures and will provide additional parking spaces near to the commercial centres of Kingsford, Kensington and Randwick. 

 

Parking Management

Whilst an increase in parking supply will assist with the parking issue, it must be introduced concurrently with a parking management strategy.  The Council should not increase parking supply in order to simply meet the needs of students or longer distance commuters.  There must be a system to manage the parking so as to better meet the needs of the business community and the needs of the local residents.

 

The following image shows what happens when parking demand is NOT managed. 

 

 

 

 

The people who want to catch express buses to Sydney CBD arrive first and occupy the unrestricted, all day, parking spaces closest to the local commercial centres (Kingsford, Kensington or Randwick).  They then catch their buses to Sydney CBD.  Next, the local employees and keen students arrive and take the middle ring of parking spaces reasonably close to the local commercial centres.  Finally, the shoppers, clients and other customers arrive and have to park at inconvenient locations, well away from the commercial centres. This is not a great outcome for the commercial centres as the customers may perceive that they are very inconvenienced and may choose to do their business elsewhere.

 

This second image (following) shows what happens when parking demand IS managed.  Basically the term ‘managed’ means the installation of appropriate parking restrictions (time limits) close to the commercial centres.

 

 

 

 

 

 

(Light Rail - Parking Offsets and Management Strategy Report –GTA 2015)

 

 

The people who want to catch express buses to Sydney CBD arrive first and discover that they cannot park all day close to the commercial centres because of the time limits which have been imposed.  So they ‘move’ further away from the centre (or choose to not park in this suburb at all).  Next the local employees and keen students arrive and take the ‘outer ring’ of parking; because the close areas are time limited and the middle ring is occupied by others.  Finally, the shoppers, clients and other customers arrive and park at the most convenient locations, closest to the commercial centres. This is much better outcome as the customers will perceive that it is relatively easy to visit this commercial centre.  They should be able to find parking easily and the time limits should be arranged (as best as possible) to meet the needs of the local businesses.

 

In order to develop an appropriate parking management regime, parking restrictions will be examined along both light rail alignments, on a block by block basis.  Consultation will be held with the residential and commercial communities to ascertain their needs.  Once finalised, the ‘block by block’ changes to parking controls will be processed through the usual Traffic Committee processes.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 9:       Integrated and accessible transport

Direction 9e:     Parking is managed to balance convenience against reduce car reliance   

 

Financial impact statement

 

Council has allocated funds within regard to the Light Rail support package; with a nominal $10.5 million being proposed for parking.

 

Conclusion

Increasing the supply of parking close to the Light Rail alignment, and applying an appropriate parking management strategy, will be of benefit to residents and the users of the commercial centres.  It is, therefore, considered that the proposals for angle parking should be released for community consultation, in order to implement them prior to the Light Rail’s project construction.

 

 

Recommendation

 

That Council note that consultation will commence on the proposals for angle parking close to the Light Rail alignment.  

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                   8 December 2015

 

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Director Governance & Financial Services Report No. GF57/15

 

Subject:                  Internal Reporting Policy - Public Interest Disclosures Act

Folder No:               F2005/00303

Author:                    Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

This policy has been reviewed to bring it in line with the NSW Ombudsman’s ‘Model Internal Reporting Policy – Local Government – June 2014’.

 

Both the current and amended policies are attached for reference purposes.

 

Issues

 

As detailed in the policy, Randwick City Council does not tolerate corrupt conduct, maladministration, serious and substantial waste of public money or government information contravention or local government pecuniary interest contravention.  The Council is committed to the aims and objectives of the Public Interest Disclosures Act.  It recognises the value and importance of contributions of staff and Council to enhance administrative and management practices and strongly supports disclosures being made by staff and Councillors without any detrimental action or reprisal for making the disclosures.

 

Council’s network of nominated disclosure officers is as follows:

 

Disclosure Coordinators:          Manager Administrative Services

                                                       Senior Administrative Coordinator

 

Disclosure Officers:                 Manager Administrative Services

Manager Organisational Staff Services

                                                       Manager Library Services

                                                       Manager Waste & Cleaning Services

                                                       Manager Aquatic Services

                                                       Manager Sustainability

Three (3) members of staff determined by election from time to time

Internal Audit Committee

 

All Council’s Disclosures Officers and the Disclosures Coordinators have undertaken appropriate training.

 

Information on protected disclosures has recently been provided to all staff via a payslips attachment and information continues to be available via Simeon.  The ‘Internal Reporting Policy – Public Interest Disclosures Act’ also forms part of the staff induction process.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1c:     Continuous improvement in service delivery based on accountability, transparency and good governance.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The purpose of this report is to bring Council’s Internal Reporting Policy in line with the NSW Ombudsman’s ‘Model Internal Reporting Policy – Local Government – June 2014.’

 

Recommendation

 

That the amended Internal Reporting Policy – Public Interest Disclosures Act, be endorsed.

 

 

Attachment/s:

 

1.View

Amended Internal Reporting Policy - Public Interest Disclosures

 

2.View

Current Internal Reporting Policy - Public Interest Disclosures

 

 

 

 


Amended Internal Reporting Policy - Public Interest Disclosures

Attachment 1