Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 10 May 2016

 

 

 

 

 

 

 

 

 

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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                     10 May 2016

 

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Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 10 May 2016 at 6:00 p.m.

 

 

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

 

Quorum:                           Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 12 April 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Development Application Reports (record of voting required)

In accordance with Section 375A of the Local Government Act, the General Manager is required to keep a register of Councillor 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.

D35/16     38 Canberra Street, Randwick (DA/538/2015) - Deferred....... 1

D36/16     3 Mears Avenue, Randwick (DA/494/2015) - Deferred......... 33

D37/16     33 Woomera Road, Little Bay (DA/93/2016)......................... 65

D38/16     Unit 7/253-255 Carrington Road, Coogee (DA/180/2016)...... 77

D39/16     149 Perouse Road, Randwick (DA/694/2013/A).................... 85

D40/16     Unit 11/489 Bunnerong Road, Matraville (DA/873/2015)....... 95

D41/16     5-7R Henning Avenue, South Coogee (DA/76/2016)........... 107

D42/16     6 Chapel Street, Randwick (DA/66/2016)........................... 113

Miscellaneous Reports

Nil    

Notice of Rescission Motions

Nil  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D35/16

 

Subject:                  38 Canberra Street, Randwick (DA/538/2015) - Deferred

Folder No:               DA/538/2015

Author:                    Kerry Kyriacou, Acting Director City Planning       

 

Proposal:                 Demolition of existing structures, construction of two storey boarding house and garage fronting lane way with boarding room and bathroom above providing 11 rooms in total for 14 lodgers, 2 car park spaces, motorcycle parking and associated works

Ward:                      East Ward

Applicant:               Mr D Sandig

Owner:                    Palmlace Property Pty Ltd

Summary

Recommendation:   Approval

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Subject Site

 

 

 

Due to distance of submissions received– some were not shown on this map

Submissions received

 

 

Ù

North

 

Locality Plan

Introduction

 

A development application (DA) seeking consent to demolish existing structures, and construct a new two storey boarding house at 38 Canberra Street, Randwick was recommended for approval and reported to the Planning Committee on 9 February 2016. At the meeting it was resolved:

 

“(Bowen/Matson) that the application be deferred for mediation.“

 

A mediation was held on 17 March 2016, at which the outcome was recorded:

 

·      That the applicant will liaise with the objectors representatives in relation to design amendments to address objectors concerns (Streetscape).

·      The applicant will investigate the following possible design amendments to the side and front fence.

·      Window treatment to address privacy.

·      Specification on hot water & air conditioning.

·      Possibility of adding a third car space.

·      Design of bin storage location.”

 

Issues

 

The Applicant has submitted amended plans and responded to the matters raised above in the following terms:

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

Outcome 4:       Excellence in urban design and development.

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

 

 

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The amended plans and suitable conditions reflecting the proposed changes to the scheme are incorporated in the recommendation should Council wish to grant consent to the application.

 

Recommendation

 

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

A0000 -

Prescott Architects

 

05/04/2016

14/04/2016

A0001 – Issue L

05/04/2016

14/04/2016

A2100 Ground Floor– Issue L

05/04/2016

14/04/2016

A2101 First Floor – Issue L

05/04/2016

14/04/2016

A2103 Disabled Access Plan – Issue L

05/04/2016

14/04/2016

A2104 Disabled Access Plan – Issue L

05/04/2016

14/04/2016

A2202 – Roof Plan Issue L

05/04/2016

14/04/2016

A3200 North South Elevations – Issue L

05/04/2016

14/04/2016

A3201 East West Elevations – Issue L

05/04/2016

14/04/2016

A3202 East West Inner Elevations– Issue L

05/04/2016

14/04/2016

A3300  Sections plans – Issue L

05/04/2016

14/04/2016

A5000 Perpectives – Issue L

05/04/2016

14/04/2016

A8000 Area Calculations – Issue L

05/04/2016

14/04/2016

A9000   – Issue L

05/04/2016

14/04/2016

A9001 – Issue L

05/04/2016

14/04/2016

A9002 – Issue L

05/04/2016

14/04/2016

A9003 – Issue L

05/04/2016

14/04/2016

A9004 – Issue L

05/04/2016

14/04/2016

A9005 – Issue L

05/04/2016

14/04/2016

A9006 – Issue L

05/04/2016

14/04/2016

A9007 – Issue L

05/04/2016

14/04/2016

2014C258_DET – Issue A

Lynton Surveys Pty Ltd

20/11/2014

07/08/2015

 

BASIX Certificate No.

Dated

Received by Council

645400M0

06/07/2015

07/08/2015

 

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

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

 

External Colours, Materials & Finishes

3.       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.

 

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 Certifying Authority prior to issuing a construction certificate for the development.

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,150,000 the following applicable monetary levy must be paid to Council: $11,500.

 

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

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

 

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

 

Security Deposit

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

 

·           $5000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water Quickcheck

7.       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.

 

New Street Tree

8.       The applicant must submit a payment of $107.25 (including GST) to cover the cost for Council to supply, plant and maintain 1 x 25 litre street tree, Cupaniopsis anacardioides (Tuckeroo) on the Canberra Street verge, towards the southern site boundary, at the completion of all works.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Design Alignment levels

10.     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:

 

                Canberra Lane Frontage

·      60 mm above the edge of the existing bitumen at all points opposite, along the full site frontage.

 

          Canberra Street Frontage

·      Match the back of the existing footpath at all points opposite, along the full site frontage.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/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.

 

11.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $505 calculated at $52.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

13.     The clear width into the southern car-space available for vehicles must be widened to a minimum of 2.7m so as to achieve compliance with AS 2890.1:2004.  Details of compliance are to be included in the construction certificate.

 

Driveway Design

14.     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

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

 

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

 

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

 

Stormwater Drainage

16.     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.

 

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

 

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

 

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

 

i.     Directly to the kerb and gutter or drainage system located at the front of the subject site in Canberra street; or

 

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

 

c)      Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 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)     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.

 

Infiltration areas must be located a minimum of 2.1m from any boundary and 3.0m from a structure.

 

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)      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.

 

g)     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.

 

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

 

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

 

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

 

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 area.

 

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 systems shall be located in areas easily accessible by residents.

Waste Management

18.     An amended 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 Services.

 

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.

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

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       Full details of the procedures and arrangements for the on-going waste management of the boarding house, including collection, storage and bin presentationon and responsibilities of residents and caretaker/s.

 

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

 

19.     The garbage bin area shall be sized to contain a total of 7 x 240 litre bins (comprising 4 garbage bins & 3 recycle bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

Landscape Plan

20.     The Certifying Authority/PCA must ensure that the Landscape Plan submitted as part of the approved Construction Certificate is substantially consistent with the Proposed Landscape Plan by ATC, dwg 100, revision B, dated 21/07/15.

 

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.


 

Construction Traffic Management

21.     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 Canberra 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.

 

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

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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.

 

23.     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

24.     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.

 

25.     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 andother service authorities to adjust, repair or relocate their services as required.

 

Certification, PCA & other Requirements

26.     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

27.     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

28.     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

29.     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

30.     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

31.     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.

 

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

32.     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

33.     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.

 

34.     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.

 

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

 

Stormwater Drainage

36.     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

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

 

Inspections During Construction

38.     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

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 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

41.     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

42.     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

43.     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

44.     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.

 

Support of Adjoining Land, Excavations & Retaining Walls

45.     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.

 

46.     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.

 

47.     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

48.     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

49.     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

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

 

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

 

BASIX Requirements

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)       Construct a full width concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Canberra Lane.

b)       Construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

c)       Carry out a full depth, minimum 1 metre wide, road construction in front of the kerb and gutter along the full site frontage in Canberra Lane.

d)       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.

 

53.     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.

 

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

 

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

 

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

 

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

 

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

 

Sydney Water Requirements

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

 

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

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

 

Undergrounding of Power

56.     As a mains power distribution pole is located on the same side of the street and within 15m of the development site, the applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Canberra Street and the development site, to an underground (UGOH) connection.


 

 

Stormwater Drainage

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

Notes:

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

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

 

58.     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).

 

59.     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.

 

Landscaping

60.     Prior to issuing any type of Occupation Certificate/s, 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 Proposed Landscape Plan by ATC, dwg 100, revision B, dated 21/07/15.

 

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

 

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

 

Waste Management

63.     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.

 

64.     The waste storage areas shall be clearly signposted.

 

Plan of Management

65.     An amended Plan of Management (PoM) shall be submitted to Council’s Manager Development Assessment for approval prior to the occupation certificate being issued. The PoM must include (but not be limited to) measures and procedures required to be followed so as to provide;

 

·      Appropriate restrictions of use of communal areas including outdoor areas,

 

·      Ensure compliance with the relevant conditions of approval,

 

·      Minimise the potential impact of the operation of the premises upon nearby residents,

 

·      Effectively minimise and manage anti-social behaviour,

 

·      Establish a complaints management system.

 

·      Nominate the permissible maximum number of occupants per room

 

·      Identify permissible use of external balconies (i.e. restrict hanging clothes over balconies, storage of excessive furniture, late night social gatherings etc)

 

·      Criteria and process for choosing residents preference should be given to people on low and moderate incomes;

 

·      A schedule detailing minimum furnishings for boarding rooms, provision of facilities andappliances for kitchens, bathrooms and laundryrooms and maximum occupancy of each room,

 

·      House rules, covering issues such as lodger behaviour, visitor and party policies, activities and noise control, use and operation hours of common areas (e.g. communal open space and living rooms) and policies for regulating smoking and consumption of alcohol and illicit drugs,

 

·      Professional cleaning and vermin control arrangements for at minimum, the shared facilities, such as kitchens and bathrooms; Public notice and signs, including:

 

·      A sign showing the name and contact number of the manager/caretaker, placed near the front entry and in a visible position to the public;

·      Clear display of fixed room identification number for each boarding room; and

 

·      Internal signage prominently displayed in each boarding room and/or communal living areas informing maximum number of lodgers per room, house rules, emergency contact numbers for essential services, annual fire safety statement and current fire safety schedule and emergency egress routes and evacuation plan.

 

·      The manager/caretaker must maintain an up-to-date accommodation register with information on residents’ details, length of stay, etc. and provide to Council officers upon request.

 

·      Should there be any resident with mobile disability who seeks to have accessible on-site parking, the middle car space shall be reserved for use of that resident and the northern car space shall be made inaccessible to cars by means of t removable bollard, folding barrier or the like to that it may function as a shared zone adjacent to the accessible parking space.

 

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

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

 

Residential Parking Permits

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

 

68.     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

69.     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.

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

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

 

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

 

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

 

74.     The use of all outdoor areas are restricted to:

Monday- Sunday 7:00am – 10:00pm

 

75.     Air conditioning plant and equipment must 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.

 

76.     All the acoustic treatments and recommendations contained in the acoustic report prepared by Acouras Consultancy titled : Palmlace Property Pty Ltd 38 Canberra Street Randwick report no: SYD2015-1101-R002B, dated 19 November 2015 section 3 shall be incorporated to ensure that a reasonable level of amenity is achieved.

 

77.     A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council 3 months after occupation certificate being issued for the development, which demonstrates that noise and vibration emissions from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant conditions of consent (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

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

 

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

 

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

 

81.     Places of shared accommodation must comply with the Local Government (Orders) Regulation 1999 and the premises must be registered with the Council prior to occupation and on an annual basis, and the approved registration/inspection fee is to be forwarded to Council prior to occupation.

 

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      Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the 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.

A2      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.

 

A3      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.

 

A4      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.

 

A5      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.

 

A6      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.

 

A7      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.

 

A8      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.

 

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

 

A10    This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

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

 

A12    Demolition work and removal of asbestos materials:

 

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

 

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

 

A13    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

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

 

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

 

Attachment/s:

 

1.

Executive Report 38 Canberra Street, Randwick

Included under separate cover

2.

DA Compliance Report - 38 Canberra Street, Randwick

Included under separate cover

 

 

 


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D36/16

 

Subject:                  3 Mears Avenue, Randwick (DA/494/2015) - Deferred

Folder No:               DA/494/2015

Author:                    Matthew Choi, Senior Environmental Planning Officer     

 

Proposal:                 Alterations and additions to the existing dual occupancy to create residential flat building with 3 units including new second floor, demolition of the existing garage, construction of a new double garage with trafficable roof, new bin store, landscaping and associated works

Ward:                      East Ward

Applicant:               Lombardo Design Studio

Owner:                    The Owners Strata Plan No. 68206

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

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North

 

Locality Plan

 

Development Application Executive summary report

 

Introduction:

 

The subject application involves alterations and additions to the existing dual occupancy to create residential flat building with 3 units including new second floor, demolition of the existing garage, construction of a new double garage with trafficable roof, new bin store, landscaping and associated works.

 

The application was recommended for approval and reported to the Planning Committee Meeting on the 8 March 2016. At the meeting, it was resolved:

 

“(Matson/Shurey) that the application be deferred for mediation.

 

Mediation Proceedings:

 

A mediation session was held on the 13 April 2016 between the applicant and the objectors at no. 153 Belmore Road and nos. 4 and 5 Mear Street, Randwick. During the course of the mediation the objectors agreed to withdraw all objections to the development subject to the amended plans and inclusion of additional conditions of consent. The applicant agreed to make all changes as requested by the objectors in attendance.

 

153 Belmore Road, Randwick

The objector at no. 153 Belmore Road, Randwick has requested condition nos. 2(a), 2(c), 2(e) and 2(f) be amended in order to address key privacy concerns and include new conditions 2(r) and 2(s) to improve the level of amenity to the objectors premises including the following

 

Amend condition no. 2(a) which currently reads as follows:

 

2(a)          The privacy screen located on the southern and western edges of the new terrace 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 provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

To read as:

 

2(a)          The acoustic and visual balustrade located on the southern and western sides of the proposed garage terrace and on both sides of the stairs leading thereto must be with no gaps or openings. The screen shall be built with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

Amend condition no. 2(c) which currently reads as follows:

 

2(c)          The bin storage room located forward of the front building alignment shall be relocated adjacent the southern boundary and to the east of the rear footpath adjoining the garage. Any soft landscaping that will impede on the location of the bin storage room shall be deleted.

 

To read as:

 

2(c)          The bin storage room located forward of the front building alignment shall be relocated adjacent the southern elevation of the building by the dining room window of the ground floor unit. Any soft landscaping that will impede on this location of the bin storage room shall be deleted.

 

Amend condition no. 2(e) which currently reads as follows:

 

2(e)          The finished floor level of the rear first floor terrace and the garage roof must not exceed RL65.11. The floor to ceiling heights of the garage shall be amended accordingly prior to the issue of a construction certificate. Suitably sized stairs shall be constructed to provide access from the first floor dining/kitchen room to the terrace level. The associated privacy screening shall not exceed 1.6 metres as measured from the finished terrace level and shall be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

To read as:

 

2(e)          The finished floor level of the rear first floor terrace and the garage roof must not exceed RL65.11. The floor to ceiling heights of the garage shall be amended accordingly prior to the issue of a construction certificate. Suitably sized stairs shall be constructed to provide access from the first floor dining/kitchen room to the terrace level. An acoustic and visual balustrade of a minimum of 1.8 metres as measured from the finished floor level and shall be constructed along the southern and western sides of the first floor terrace and be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

Amend condition no. 2(f) which currently reads as follows:

 

2(f)          To maintain a reasonable level of acoustic privacy to the adjoining dwellings, the rear first floor terrace and associated balustrading/privacy screening shall be setback an additional 2.4 metres from the southern edge of the terrace. A planter box of approximately 1 metre shall be provided on the eastern, southern and western edges of the deck.

 

To read as:

 

2(f)          To maintain a reasonable level of acoustic and visual privacy to the adjoining dwellings, the rear first floor terrace and associated privacy screen shall be setback a minimum of 4.3 metres from the southern boundary of the site. A planter box of a minimum of 2.0 metres in width shall be provided on the southern, eastern and western edges of the deck.

 

Add condition no. 2(r) to read as follows:

 

2(r)          All glazed areas on the southern façade shall have fixed external louvres angled at least 45 degrees such that no additional direct line of overlooking will be possible to the south or to the east.

 

Add condition no. 2(s) to read as follows:

 

2(s)          The roof overhang to the southern of the proposed upper level shall be reduced to a maximum of 0.05 of a metre not including depth required for the edge gutter.

 

Assessment: The proposed modification to condition no. 2(a) involves ensuring there are no openings within the proposed privacy screen in order to minimise any perceivable outlook that may arise with a 25% opening within the privacy screen.  Whilst this is a standard condition of consent imposed to maintain a reasonable level of privacy, condition no. 2(a) can be modified accordingly to improve the visual privacy between the two buildings. Condition no. 2(a) is amended to read as follows:

 

2(a)          The privacy screen located on the full southern and western edges of the new first floor terrace must not contain any openings within the respective privacy screen. The screen must be constructed of either translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

The modification to condition no. 2(c) is to reposition the location of the new bin storage room from the southern boundary to the southern side of the external wall adjoining the dining room of the ground floor unit. The location of the new bin storage room adjacent to the southern boundary is unlikely to result in any adverse odour impacts given the significant separation from habitable room openings. However, the condition can be modified for the mutual benefit to the applicant and objector. Condition no. 2(c) is amended to read as follows:

 

2(c)          The bin storage room located forward of the front building alignment shall be relocated to the southern side of the external wall adjoining the dining room of the ground floor unit. Any soft landscaping that will impede on the location of the bin storage room shall be deleted.  

 

The modification to condition no. 2(e) is to increase the height of the privacy screening along the full southern and western sides of the first floor terrace from 1.6 metres to 1.8 metres. An acoustically treated screen is considered to be unreasonable in considering the scope of the proposed works in particular the low impact use of the new terrace. This condition can be modified for the mutual benefit to the applicant and objector. Condition no. 2(e) is amended to read as follows:

 

2(e)          The finished floor level of the rear first floor terrace and the garage roof must not exceed RL65.11. The floor to ceiling heights of the garage shall be amended accordingly prior to the issue of a construction certificate. Suitably sized stairs shall be constructed to provide access from the first floor dining/kitchen room to the terrace level. An acoustic and visual balustrade of a minimum of 1.8 metres as measured from the finished floor level and shall be constructed along the southern and western sides of the first floor terrace and be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

The modification to condition no. 2(f) is to increase the setback of the rear first floor terrace from 3.2 metres to 4.3 metres measured from the rear boundary. The depth of the terrace will be less than 2 metres when discounting the additional steps required as part of a lowered terrace level with an RL65.11 and the increased depth of the planter to a minimum of 2 metres along the southern, western and eastern edges of the deck will not comply with the minimum requirements of private open space in accordance with the RDCP2013 and the Apartment Design Guidelines (ADG). The Council controls and the ADG require that balconies specify balconies be a minimum depth of 2 metres. However, in considering the first floor unit does not provide any private open space as existing and a mutual agreement has been reached between the objector and the applicant, the reduction in private open space below the minimum requirements is acceptable. Condition no. 2(f) is amended to read as follows:

 

2(f)          To maintain a reasonable level of acoustic and visual privacy to the adjoining dwellings, the rear first floor terrace and associated privacy screen shall be setback a minimum of 4.3 metres from the southern boundary of the site. A planter box of a minimum of 2.0 metres in width shall be provided on the southern, eastern and western edges of the deck.  

 

The addition of condition 2(r) is to improve visual privacy to the rear neighbour from the habitable room windows. The requirement of new external louvres are not expected to significantly improve visual privacy given the window openings are significantly separated from the habitable window openings of the southern neighbour in particular from the second floor level given an aluminum screen is installed in front of the south facing windows and an existing garage structure located at the boundary will minimise any perceivable overlooking impacts. However, this condition can be modified for the mutual benefit to the applicant and objector. A new condition can be included to read as follows: 

 

2(r)          All aluminum screening at the second floor level shall be deleted and all glazed window openings on the southern façade at the first and second floor level shall have fixed metal external louvres and be tilted in an angle that does not result in any direct overlooking into the private open space and habitable room windows of the rear adjoining neighbour. 

 

The addition of condition 2(s) is to improve the level of direct solar access to the southern neighbour by reducing the roof eave overhang at the second floor level.  This condition can be included for the mutual benefit of the applicant and the objector. A new condition can be included to read as follows: 

 

2(s)          The roof eave overhang to the southern end of the site shall be a maximum of 50mm not including the depth for any new roof guttering.

 

4 Mears Avenue, Randwick

The objector requests that the north-facing door openings at the second floor level shall be amended to a two panel door opening with one panel to remain fixed and one panel to remain openable. Notwithstanding this, an additional condition of consent is proposed. 

 

Add condition 2(t) to read as follows:

 

2(t)          The balustrading along the full northern edge of the second floor balcony shall be a minimum of 1.4 metres above the finished floor level of the terrace.

 

Assessment: No objections and the proposed amendments will generally uphold the heritage values of the High Cross Heritage Conservation Area. The above amended plans and the recommended conditions of consent will not contribute to any adverse amenity impacts and can be included for the mutual benefit to the applicant and objector.

 

5 Mears Avenue, Randwick

The objector has requested that amended plans be submitted to increase the planter box to a minimum depth of 1.5 metres along the eastern edge of the second floor balcony. A 45 degree splay shall also be provided on the south-eastern corner of the planter to allow for a door opening. Notwithstanding this, additional conditions of consent are proposed:

 

Add condition 2(u) to read as follows:

 

2(u)          The balustrading along the full eastern edge of the first floor terrace shall be a minimum of 1.4 metres above the finished floor level of the terrace.

 

Add condition 2(v) to read as follows:

 

2(v)          This consent does not grant approval for the installation of any new plant and equipment (including air conditioning units) along the southern and eastern facades of the building.

 

Assessment: The above amended plans and the recommended conditions of consent will not contribute to any adverse amenity impacts and can be included for the mutual benefit to the applicant and objector.

 

Relationship to City Plan

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The mediation resolved the matters in dispute between the applicant and the objector. The inclusion of the conditions of consent will not adversely impact either the occupants’ amenity and will improve the amenity to the immediately adjoining neighbours. The application is referred back to Council for determination.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/494/2015 for alterations and additions to the existing dual occupancy to create residential flat building with 3 units including new second floor, demolition of the existing garage, construction of a new double garage with trafficable roof, new bin store, landscaping and associated works, at No. 3 Mears Avenue, Randwick, subject to the following conditions to this report:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

101 (Revision B)

Lombardo Design Studio

15 October 2015

18 October 2015

102 (Revision B)

15 October 2015

18 October 2015

103 (Revision C)

27 April 2016

28 April 2016

104 (Revision B)

15 October 2015

18 October 2015

201 (Revision C)

27 April 2016

28 April 2016

202 (Revision C)

27 April 2016

28 April 2016

203 (Revision B)

15 October 2015

18 October 2015

301 (Revision B)

15 October 2015

18 October 2015

 

BASIX Certificate

No.

Dated

Received

 

627216M

27 April 2015

23 July 2015

 

 

Amendment of Plans & Documentation

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

 

a.   The privacy screen located on the full southern and western edges of the new first floor terrace must not contain any openings within the respective privacy screen. The screen must be constructed of either translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.   The total area of any openings within the external screen located on the second floor east and west facing bedroom window opening must not exceed 25% of the area of the screen. Alternatively, the screen may be tilted in an angle that does not result in any direct overlooking into the private open space and habitable room windows of the neighbouring dwellings.

 

c.    The bin storage room located forward of the front building alignment shall be relocated to the southern side of the external wall adjoining the dining room of the ground floor unit. Any soft landscaping that will impede on the location of the bin storage room shall be deleted.  

 

d.   The works shall include the installation of two new bicycle racks within the communal courtyard on the south-western portion of the subject site. The bicycle racks must be sited which does not impede pedestrian access in entering and exiting the common areas.

 

e.   The finished floor level of the rear first floor terrace and the garage roof must not exceed RL65.11. The floor to ceiling heights of the garage shall be amended accordingly prior to the issue of a construction certificate. Suitably sized stairs shall be constructed to provide access from the first floor dining/kitchen room to the terrace level. An acoustic and visual balustrade of a minimum of 1.8 metres as measured from the finished floor level and shall be constructed along the southern and western sides of the first floor terrace and be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

f.    To maintain a reasonable level of acoustic and visual privacy to the adjoining dwellings, the rear first floor terrace and associated privacy screen shall be setback a minimum of 4.3 metres from the southern boundary of the site. A planter box of a minimum of 2.0 metres in width shall be provided on the southern, eastern and western edges of the deck.

 

g    To maintain adequate levels of stormwater infiltration on site, the brick pavers to the driveway shall be constructed of permeable pavers or similar. The plans are to be amended to demonstrate compliance with this requirement prior to the issue of a construction certificate.

 

h.   A projecting string course should be provided between existing and reused brickwork, in order to provide a clear separation between the original walls and the new parapet.  A brick on edge capping or metal capping to match the colour of the brickwork is to be provided to provide a traditional finish to the top of the parapet.  Amended drawings are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. 

 

i.    New mortar joints to the new parapet are to match the red tinted ironed joints of the existing walls. 

 

j.    The balustrade to the new second floor front balcony is to be painted in a recessive colour which will relate to the colour of existing brickwork.  An amended schedule of materials and finishes are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. 

 

k.   The original reeded glass double doors to the side entry are to be retained if possible, as recommended by the Statement of Heritage Impact, rather than replaced by a single side entry door, in order to retain a greater proportion of original building fabric which is part of the contributory value of the building. 

 

l.    The original terrazzo step treads and risers are to be retained if possible, as recommended by the Statement of Heritage Impact, rather than replaced, in order to retain a greater proportion of original building fabric which is part of the contributory value of the building. 

 

m.  The proposed planting in the perimeter planter is to be included in the landscape plan for the development in order to ensure the viability of the proposed planting. 

 

n.   New services in the original areas of the apartments are to be provided within the wall cavities, or if this not possible, to be surface mounted, rather than chased into existing walls, to minimise impact on the original fabric. 

 

o.   Cornices are to be retained where openings are made in internal walls to preserve the integrity of retained ceilings. 

 

p.   The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.  Details of the proposed colours, materials and textures (i.e.- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

q.   Details of the proposed paint scheme are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted, and no applied finishes are to be used.

 

r.    All aluminum screening at the second floor level shall be deleted and all glazed window openings on the southern façade at the first and second floor level shall have fixed metal external louvres and be tilted in an angle that does not result in any direct overlooking into the private open space and habitable room windows of the rear adjoining neighbour.

 

s.    The roof eave overhang to the southern end of the site shall be a maximum of 50mm not including the depth for any new roof guttering.

 

t.    The balustrading along the full northern edge of the second floor balcony shall be a minimum of 1.4 metres above the finished floor level of the terrace.

 

u.   The balustrading along the full eastern edge of the first floor terrace shall be a minimum of 1.4 metres above the finished floor level of the terrace.

 

v.   This consent does not grant approval for the installation of any new plant and equipment (including air conditioning units) along the southern and eastern facades of the building.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $289,500 the following applicable monetary levy must be paid to Council: $2,895.

 

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

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

 

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

 

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

 

Security Deposit

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

 

·           $2000    -   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

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

 

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

 

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

 

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

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

8.       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).

 

9.       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.

 

Structural Adequacy

10.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the upper floor addition.

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

12.     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.

 

13.     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 Mears Avenue ; or

 

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

 

c)     Should stormwater be discharged to 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.

 

d)     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.

 

e)     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.

 

f)     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.

 

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

 

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

 

i)      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 drainage sytem.

 

j)     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.

 

k)     Any infiltration systems shall be located in areas to be dedicated as common property.

 

Waste Management

14.     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.

 

Street Tree Protection

15.     In order to ensure retention of the two Sapium sebiferum (Chinese Tallowoods) located on the Mears Avenue verge, to the west of the existing vehicle crossing in good health, the following measures are to be undertaken:

 

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

 

b.       The new vehicle crossing can only be re-constructed back in its existing position, as is specified in Council’s ‘Infrastructure, Vehicular Crossings & Road Openings’ condition later in this report.

 

c.       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 vehicle crossing.

 

d.       Both trees must be physically protected by installing evenly spaced star pickets at a setback of 1.5 metres to their east and west (measured off the outside edge of their trunks at ground level), as well as against the back of the kerb to their north, and against the footpath to their south, to which, safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose each tree for the duration of works.

 

e.       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".

 

f.        The applicant is not authorised to perform any works to these trees, 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.

 

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

 

h.       The PCA must ensure compliance with all of these requirements, both on the plans as well as on-site during the course of construction, and prior to issuing any type of Occupation Certificate.

 

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

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

 

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

 

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

 

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

 

c)      a principal contractor must be appointed for the building work 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

17.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the 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

18.     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

19.     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

20.     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

21.     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.

 

Construction Traffic Management

22.     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 Mears Avenue   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.

 

23.     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.

 

24.     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

25.     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.

 

26.     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

27.     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

28.     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

29.     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

30.     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

31.     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.

 

Dust Control

32.     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

33.     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

34.     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

35.     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

36.     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

37.     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

38.     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

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

 

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

 

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

 

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

 

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

 

Traffic Management

40.     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.

 

41.     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.

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

 

Pruning of neighbours tree

43.     Permission is granted for the selective pruning of only those lower growing branches from the northern aspect of the Ligustrum lucidum (Privet, which is exempt from Council’s DCP due to being an invasive environmental weed) which is located wholly on another private property to the south, only where they overhang the common boundary, into the subject site, and need to be pruned in order to avoid damage to the tree; or; interference with the works.

 

44.     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.

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

46.     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

47.     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

48.     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.

 

BASIX Requirements & Certification

49.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that 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

50.     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.

 

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

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

 

53.     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.

 

54.     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.

 

Undergrounding of Power

55.     As a mains power distribution pole is located on the same side of the street and within 15m of the development site, the applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Mears Avenue and the development site to an underground (UGOH) connection.

 

Stormwater Drainage

56.     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).

 

57.     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.

Landscaping

58.     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.

 

Sydney Water Requirements

59.     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 Strata Certificate, whichever the sooner.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

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

 

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

 

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

 

61.     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.

 

62.     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.

 

63.     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.

 

64.     Each strata lot shall be dedicated a maximum of 1 carspace which must form part of the strata lot and not be created as a utility lot.

 

65.     The development shall comply with all requirements of NSW Land Property Information (LPI) relating to the termination or strata subdivision of the existing strata scheme. Confirmation of compliance with these requirements must be obtained from a registered surveyor to the satisfaction of the PCA prior to the issuing of a strata certificate for the proposed strata subdivision.

 

66.     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.

 

67.     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

68.     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

69.     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.

 

Residential Parking Permits

70.     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 who have access to off-street parking.

 

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    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.

 

A16    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.

 

A17    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 3 Mears Avenue, Randwick - 8 March 2016

Included under separate cover

2.

DA Compliance Report - 3 Mears Avenue, Randwick

Included under separate cover

 

 

 


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D37/16

 

Subject:                  33 Woomera Road, Little Bay (DA/93/2016)

Folder No:               DA/93/2016

Author:                    Plandev Pty Ltd, Thomas Mithen      

 

Proposal:                 Demolition of existing dwelling, construction of two storey attached dual occupancy with garages and associated works (variation to floor space control)

Ward:                      South Ward

Applicant:               Project Design Services (Nsw) Pty Ltd

Owner:                    Mr N Lisgaris

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

Development Application Executive summary report

 

The application was assessed by the external planning consultant and referred to Council for determination as the applicant is a family friend with a Randwick City Council employee.

 

1.   Proposal

 

The proposal is for demolition of the existing dwelling house and garage on the site, and construction of a two storey attached dual occupancy with garages and associated site works. The proposed dwellings contain a living/dining/kitchen area at ground level and four bedrooms at the first floor. A single garage is integrated into the front façade of each dwelling. The proposal is illustrated in Figures 2 and 3.

 

Figure 2Northern elevation (Woomera Road)

 

Figure 3Southern elevation (Rear)

 

 

 

 

2.   Site

 

The site is located on the southern side of Woomera Road, approximately 30 m west of its intersection with Bega Avenue, Little Bay. The site contains a modest single storey brick dwelling house (refer to Figure 4). A driveway along the western boundary provides access to a single storey garage in the rear yard.

 

Council has identified an overland flow path through the site, which is subject to inundation during major storm events. A Council drainage pipe is located below the driveway, and an associated 2.135 m wide drainage easement extends along the western boundary.

 

The site has an area of 542 sqm with a frontage of 16 m to Woomera Road. It slopes up from Woomera Road to the rear boundary, representing a change in level of approximately 1-1.5 m.

 

The surrounding area is predominately characterised by low scale residential dwellings of one and two storeys.  Adjoining to the east is a two storey dwelling house (No. 31 Woomera Road). Adjoining to the west is a two storey attached dual occupancy (Nos. 35-35A Woomera Road). The adjoining properties at the rear boundary contain dwellings addressing Mirabooka Crescent.

 

Nos. 35-35A Woomera RdThe siteNo. 31 Woomera Rd

Figure 4View existing dwelling house

 

3.   Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive Development Control Plan 2013 (RDCP 2013).  No submissions were received.

 

4.   Key Issues

 

Randwick Local Environmental Plan 2012 (LEP 2012)

Clause 4.4 Floor Space Ratio

The proposal contravenes the floor space ratio development standard of Clause 4.4: Floor Space Ratio, contained within the RLEP 2012. Clause 4.6 of the RLEP 2012 provides a mechanism for variations to development standards in certain circumstances. The applicant has submitted a written justification that seeks to justify the contravention of the standard pursuant to Clause 4.6. The variation is addressed as follows:

 

Maximum Floor Space Ratio Control

Clause 4.4(2) states that the maximum floor space ratio on the subject site is 0.5:1 The proposal will result in an FSR of 0.53:1. The proposed variation is summarized in the table below:

 

Clause

Required

Proposed

Compliance

Variation

 

4.4 (2)

Floor Space Ratio

0.5:1

0.53:1

No- Clause 4.6 variation submitted

17 sqm gross floor area or 6% per cent variation.

 

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

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

 

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

 

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

 

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

 

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

In the Wehbe case, Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard. The objectives of the floor space ratio standard are set out in clause 4.4(1) of RLEP 2012 as follows:

 

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

(b)   to ensure that buildings are well articulated and respond to environmental and energy needs,

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

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

 

The applicant’s written justifications outline the following key arguments for the departure of the standard as follows:

 

·      the proposal is consistent with the objectives of the development standard in that:

the bulk and scale of the flat roof design is less compared to a pitched roof design;

the building is well articulated;

the site is not in a Heritage Conservation Area or near a heritage item;

the impact on the adjoining properties is less compared to a complying pitched roof design (building height); and

·      it satisfies all the other numerical controls in terms of setbacks, bulk and scale and articulation.

 

Assessing officer’s comment:

It is considered that the proposed development and variation from the maximum floor space ratio standard is satisfactory in this instance. The submitted Clause 4.6 variation is well founded for the following reasons:

 

·      the development would generally appear as a single dwelling form, which is consistent with the low scale residential character of the area;

·      the height of the flat roof is approximately 2 m lower than the pitched roof of the adjoining two storey dwelling to the east (No. 31 Woomera Rd), and similar to the overall height of the two storey attached dual occupancy on the adjoining land to the west (Nos. 35-35A Woomera Rd) (refer to Figure 5);

·      the proposal complies with the building setback controls in RDCP 2013, which seek to maintain the established setback in the street and provide an adequate level of landscaping and amenity;

·      the proposal would not result in any adverse amenity impacts to the adjoining properties in terms of overshadowing, view loss, privacy or visual bulk (refer to ‘Solar Access’ below and the relevant sections in the attached DA Compliance Report); and

·      the proposal includes deep soil landscape in excess of the permeable surface control in RDCP 2013.

 

Nos. 35-35ANo. 31Subject Site

Figure 5Streetscape Elevation

 

The proposed variation of Clause 4.4 Floor Space Ratio is considered to be well founded and will meet the objectives of this clause.

 

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

The proposal has been designed to achieve the planning objectives for the locality and is compatible with the scale and character of development in the immediate context, whilst minimising potential adverse impacts on surrounding properties.

 

The applicant’s written request has successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

 

(iv)    Will the proposed development be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?

Based on the above assessment, it is considered that the proposed development is consistent with the objectives of the maximum floor space ratio development standard. The objectives for development within the zone in which the development is proposed to be carried out (Zone R2 – Low Density Residential) are:

 

•   To provide for the housing needs of the community within a low density residential environment.

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

•   To recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition, that contribute to the desired future character of the area.

•   To protect the amenity of residents.

•   To encourage housing affordability.

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

 

It is considered that the proposed development is consistent with the relevant objectives in that it would: add to the stock of residential accommodation in the area; provide a built form compatible with the existing residential environment; and have an acceptable impact on the amenity of residents.

 

The proposed development is considered to be in the public interest because it is consistent with the objectives of the standard and the relevant objectives for development within Zone R2 - Low Density Residential.

 

(v)     Does the Council have delegation to exercise the concurrence function of the Director-General of the Department of Planning and Infrastructure for development that contravenes a development standard? If so:

 

(a)   whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

 

(b)   the public benefit of maintaining the development standard.

 

Comments:

Pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed to the granting of development consent to the development that contravenes the development standard for floor space within clause 4.4 of RLEP 2012.

 

Variation from the adherence to the numerical floor space standard will not be detrimental to the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary in this case, as the proposal does not compromise the amenity of the surrounding residential area and is compatible with the dominant character of existing residential development.

 

Clause 6.3 Flood Planning

Clause 6.3 includes provisions in relation to land at or below the defined flood planning level. The subject site is located below the defined flood planning level and the impact on flooding is therefore assessed in accordance with Council’s flooding requirements, which adopt the controls in the NSW Government’s Flood Prone Policy and Floodplain Development Manual.

 

The applicant submitted a Flood Study, prepared by WMA Water with the development application.  The Flood Study established a hydraulic model to assess the impact of the proposed development on flooding and determine minimum floor levels. Following the analysis of the peak flood levels the finished floor level has been set at or above RL 21.63 AHD (1% + 0.5 m AEP flood level). The architectural plans submitted with the development application show a floor level at RL 21.715 AHD and RL 20.43 for the garage.

 

The applicant’s Flood Study concludes there would be no significant restriction to overland flow given the proposed development (outside the existing dwelling footprint on the site) would be raised on piers above the flood level. It also recommends a gap of 100mm at the base of the rear boundary fence to ensure some overland flow can pass through from the adjoining property at 30 Mirabooka Crescent. A condition to this effect is included in the recommended development consent.

 

Council’s Development Engineer reviewed the applicant’s Flood Study and concurs there would be no significant impacts in terms of increased peak flood levels on the surrounding area (refer to the attached DA Compliance Report).

 

The proposal is therefore considered acceptable in terms of flooding.

 

Randwick Development Control Plan 2013 (DCP 2013)

Clause 3.2 - Maximum External Wall Height

The subject site slopes from the front boundary up to the rear of the site, representing a change in level of 1 to 1.5 m.  A maximum external wall height of 8 m applies to sloping sites under RDCP 2013.

 

The proposal generally complies with the maximum external wall height control, except for the front of the building, which extends to a maximum height of 8.516 m at the western elevation, and exceeds the maximum wall height control by 516 mm. In this circumstance a merit based assessment for any variation above the 8 m control applies to the site.

 

The objective of the external wall height control seeks to ensure development is compatible with surrounding built form character and there is minimal impact to the amenity of the adjoining properties. As demonstrated in the consideration of the FSR variation above, the proposal is compatible with the predominant built form in the locality. Also, the proposal does not result in any unreasonable amenity impacts to the adjoining properties in terms of solar access, view loss, privacy and visual amenity (refer to the relevant sections in the attached DA Compliance Report). 

 

The variation to the maximum wall height control is a direct consequence of the raised floor level, which is required to protect against flood risk and satisfy Council’s minimum flooding requirements.

 

Despite the variation to the maximum wall height control, the proposal would satisfy the objectives of the control and is therefore acceptable.

 

Clause 5.1 – Solar Access and Overshadowing

RDCP 2013 requires a portion of the north facing living room windows and private open space receive a minimum of three hours direct sunlight between 8:00 am and 4:00 pm at the winter solstice. The proposed dwellings do not contain any north facing living room windows or private open space (POS). In this circumstance, the proposal would not be able to achieve the minimum 3 hours of direct sunlight and a merit assessment applies.

 

The principal living room windows are orientated to the south (at the rear elevation), and therefore would receive no direct sunlight at the winter solstice. The proposed eastern dwelling (Unit A) would receive limited sunlight to its east facing living room windows in the late morning, and the proposed western dwelling (Unit B) would also receive limited sunlight to its west facing living room windows during the afternoon at the winter solstice. The lack of direct sunlight to the internal living areas is a result of the orientation of the allotments and the established built form pattern in this section of Woomera Road. Notwithstanding, there is an opportunity to improve the internal amenity by providing a skylight above the living area of both dwellings in the rear single storey section of the roof. A condition to this effect is included in the recommended development consent.

 

The proposed rear deck, which forms an extension to the internal living areas, would also be orientated to the south. The building self-shadows at the winter solstice limiting the amount of direct sunlight to the POS of both dwellings, particularly the proposed deck.  Notwithstanding, the eastern dwelling would receive some sunlight to the eastern corner of its POS in the early morning period, and the western dwelling would receive some sunlight to the western corner of its POS in the late afternoon period during the winter solstice. Given the site is constrained by the north-south orientation, which limits the amount of sunlight to the rear of the property, the level of solar access available to the POS is considered reasonable in the circumstance.

 

RDCP 2013 also requires a portion of the north facing living room windows and POS of neighbouring development to receive a minimum of three hours direct sunlight between 8:00 am and 4:00 pm at winter solstice.

 

The proposal would not cast shadow on any north facing living room windows on the adjoining properties due to the orientation of these properties. Also, the windows along the side elevations of the adjoining dwellings facing the subject site are already overshadowed by the existing single storey dwelling house.

 

However, the proposal would cast additional shadow on the POS of the adjoining property to the west at Nos. 35-35A Woomera Road in the morning, and on the adjoining property to the east at No. 31 Woomera Road in the afternoon during the winter solstice. The additional shadow cast is a result of the new two storey built form compared to the existing single storey dwelling on the site. As the proposal complies with the maximum height control and is generally consistent with the external wall height control (refer to discussion above), the additional shadow cast by the proposal to the POS on the adjoining properties is not unexpected and considered reasonable.

 

Subject siteNo 31Nos. 35-35A NorthRear elevation with south 
facing living room windows
midday shadowRear Yard9:00am shadow3:00pm shadowExisting shadow – dark grey shading

 

Clause 5.3 - Visual Privacy

The proposed eastern dwelling (Unit A) would be setback by 1.8 m to the eastern boundary, and the proposed western dwelling (Unit B) would be setback 2.367 m to western boundary. The ground floor of both dwellings at the rear would be elevated approximately 1 m above natural ground level to minimize flood risks. The raised ground floor results in potential overlooking from the living room windows and the adjoining rear deck to the POS of the adjoining properties to the east and west.

 

The landscape design incorporates screen planting along the eastern boundary to mitigate the potential privacy impacts to the adjoining property to the east (No. 31 Woomera Road). However, there is no screen planting proposed along the western boundary to mitigate potential privacy impacts to the rear yard at Nos. 35-35A Woomera.  A fixed privacy screen is recommended along the western edge of the deck and southernmost living room window. A condition to this effect is included in the recommended development consent.

 

Part 7 Clause 3.2 Vehicle Parking Rates

RDCP 2013 requires a minimum of two car spaces per dwelling with 3 or more bedrooms. The proposed dwellings contain four bedrooms and the proposal generates a demand for two on-site car spaces for each dwelling in accordance with Council’s parking rates.

 

A single garage integrated into the design of the façade would be provided for each dwelling. Council’s parking controls allow for a second car space on the internal driveway provided it does not exceed a grade of 1:14. Council’s Development Engineer has reviewed internal driveway section submitted with the application and is satisfied the gradient requirement can be waivered in this particular circumstance given the constraints imposed by the Council’s drainage easement and the minimum floor levels to reduce flood risks.

 

The proposal is therefore acceptable in terms of parking.

 

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 for an attached dual occupancy is permissible with consent and generally satisfies the Residential R2 zone objectives applying to the site under RLEP 2012. No public submissions were received following the exhibition period.

 

Despite the non-compliance with the FSR development standard under RLEP 2012, the proposal would not result in any adverse impacts on the streetscape or the adjoining properties in terms of overshadowing, privacy or view loss and therefore satisfies the objectives of the development standard. In this circumstance there are sufficient environmental planning grounds to support the departure from the FSR development standard.

 

The proposal is also generally consistent with the relevant provisions in RDCP 2013, except for a minor variation to the external wall height control at the front of the building, which is a result of the raised floor level to minimize flood risks and satisfy Council’s flood requirements.

 

The design includes adequately sized internal living areas at ground level and well-proportioned bedrooms at the first floor providing good internal amenity for future occupants. The proposal also includes useable POS at ground level providing an extension to the internal living areas.

 

The landscape design would improve the amenity of the site and includes generous deep soil areas suitable for planting.

 

The built form would be compatible with adjoining development and the predominant residential character of the area.

 

The provision of on-site parking in the form of single garages integrated into the overall design of the building is acceptable.

 

The application is recommended for approval, subject to conditions outlined in the attached Compliance Report.

 

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 4.4 of Randwick Local Environmental Plan 2012, relating to Floor Space Ratio, 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, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 93/2016 for construction of an attached dual occupancy at 33 Woomera Road, Little Bay, 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 ventilated skylight shall be installed above the hallway at the first floor and the kitchen and dining/family living area at ground floor for both dwellings to improve solar access and internal amenity for future occupants.

 

b.     A privacy screen having a height of 1.5m above floor level must be provided to western edge of rear deck for the western dwelling. 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.

 

c.     The following window/s must have a minimum sill height of 1.5m 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:

 

·       Southernmost living room window at ground level for the western dwelling (Unit B).

 

 

Attachment/s:

 

1.

DA Compliance Report - 33 Woomera Road, Little Bay

Included under separate cover

 

 

 


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D38/16

 

Subject:                  Unit 7/253-255 Carrington Road, Coogee (DA/180/2016)

Folder No:               DA/180/2016

Author:                    Gabrielle Coleman, Environmental Planning Officer      

 

Proposal:                 Enclosure of an existing terrace to Unit 7

Ward:                      East Ward

Applicant:               Milestone (AUST) Pty Limited

Owner:                    Mr M Messiner and Ms N Esposito

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

This application has been referred to the Planning Committee as it exceeds the Clause 4.4 Floor Space Ratio under the LEP 2012 by more than 10%.

 

1.  Proposal

 

The application seeks consent for the enclosure of an existing terrace to Unit 7/253-255 Carrington Road.

 

2.  Site

 

The subject site is on the eastern side of Carrington Road where Unit 7 is located on the ground floor to the rear of the existing residential flat building.

 

To the north of the subject site is a heritage item at 87 Coogee Bay Road and multi-unit housing blocks adjoin the site to the east and south. 

 

Figure 1. View of existing terrace.

 

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. No submissions were received as a result of the notification process.

 

4.  Key Issues

 

Clause 4.6 of the RLEP 2012, provides a mechanism for variations to development standards in certain circumstances.

 

The proposal contravenes the building height development standard of Clause 4.4: Floor Space Ratio, contained within the RLEP 2012.

 

4.1 Floor Space Ratio of RLEP 2012

Clause 4.3(2) states that the maximum floor space ratio on the subject site is 0.9:1. The proposal will result in an overall floor space ratio of 1.115:1. It is noted that the proposal will only result in an additional 6.87sqm of additional floor area.

 

The proposed variation is summarized in the table below:

 

 

 

 

 

 

Clause

Required

Proposed

Compliance

Variation

 

4.3 (2)

Height of buildings

0.9:1

1.115:1

No- Clause 4.6 variation submitted

23.8% (6.87m2 of additional floor area) variation.

 

The applicant has submitted a written justification that seeks to justify the contravention of the standard pursuant to Clause 4.6. The variation is addressed as follows:

 

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

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

 

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

 

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

 

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

 

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

In the Wehbe case, Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard. The objectives of the floor space ratio standard are set out in clause 4.4(1) of RLEP 2012 as follows:

 

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

b)  to ensure that buildings are well articulated and respond to environmental and energy needs,

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

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

 

The applicant’s written justifications outline the following key arguments for the departure of the standard as follows:

 

·      The proposed terrace enclosure is to provide additional living space and improve the amenity for the occupants to Unit 7

·      The proposal does not have a significant adverse impact on the articulation of the building

·      The proposal does not detract from nearby Heritage items and Heritage Conservation Areas

·      The terrace enclosure does not adversely impact the amenity of adjoining and neighbouring land in terms of loss of privacy or overshadowing

·      The proposed terrace enclosure does not result in any adverse visual bulk or scale impacts from the public domain

·      The proposal is not visible from Carrington Road and therefore the building maintains the existing streetscape presentation

 

Assessing officer’s comment:

It is considered that the proposed development and variation from the minimum floor space ratio standard is satisfactory in this instance. The submitted Clause 4.6 variation is well founded for the following reasons:

 

·           The proposal does not result in significant additional bulk to the overall building envelope.

·           It is not considered the proposed enclosure will result in any significant adverse impacts on the amenity of the immediately surrounding units.

·           The proposal will not result in any adverse impacts on the adjoining buildings in terms of visual bulk, loss of privacy, overshadowing and views.

·           Since the proposed enclosed terrace is to the rear of the site, the proposal is not considered to compromise the heritage value of the heritage item at 87 Coogee Bay Road.

·           The proposed enclosed terrace will improve the amenity of the existing apartment for the building occupants as it will provide additional living space to the Unit. The building occupants will still have access to private open space in the form of a private courtyard with direct access from the proposed enclosed terrace.

 

The proposed variation of Clause 4.4 Floor Space Ratio is considered to be well founded and will meet the objectives of this clause.

 

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

The proposal has been designed to achieve the planning objectives for the locality and to fit in with the scale and character of development in the immediate context, whilst minimising potential adverse impacts on surrounding properties.

 

The applicant’s written request has successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

 

(iv)    Will the proposed development be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?

Based on the above assessment, it is considered that the proposed development is consistent with the objectives of the floor space ratio standard. The objectives for development within the zone in which the development is proposed to be carried out (Zone R3 – Medium Density Residential) are:

 

·      To provide for the housing needs of the community within a medium density residential environment.

·      To provide a variety of housing types within a medium density residential environment.

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

·      To recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition, that contribute to the desired future character of the area.

·      To protect the amenity of residents.

·      To encourage housing affordability.

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

 

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

 

The proposed development is considered to be in the public interest because it is consistent with the objectives of the standard and the relevant objectives for development within Zone R3 – Medium Density Residential.

 

(v)     Does the Council have delegation to exercise the concurrence function of the Director-General of the Department of Planning and Infrastructure for development that contravenes a development standard? If so:

 

(a)   whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

 

(b)   the public benefit of maintaining the development standard.

 

Comments:

Pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed to the granting of development consent to the development that contravenes the development standard for floor space within clause 4.4 of RLEP 2012.

 

Variation from the adherence to the numerical building height standard will not be detrimental to the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary in this case, for additional bedroom space, does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

4.2     Private Open Space

While the proposal will result in the loss of the balcony for this unit, the occupants will still have direct access to an area of ground level private open space.

 

4.3     Appearance of Building

As the terrace to be enclosed is at ground level and not facing the street frontage, there will be little impact on the appearance of the building. It is also noted that consent was granted in 2011 (DA/752/2011) to the enclosure of a similar terrace to Unit 8 in the building.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the existing development have been assessed against the requirements of the relevant planning guidelines of the RLEP 2012 and Council’s Randwick Comprehensive Development Control Plan, as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.   The proposed development (as conditioned), will not impose any significant impacts on the subject site or neighbouring dwellings with regard to  visual bulk and amenity and 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 Clauses 4.4of Randwick Local Environmental Plan 2012, relating to Floor Space Ratio respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Infrastructure be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/180/2016 for the enclosure of the existing terrace, at Unit 7/ 253-255 Carrington Road Coogee, subject to the  standard conditions contained in the development application compliance report.

 

 

 

 

 

 

Attachment/s:

 

1.

DA Compliance Report - Unit 7/253 - 255 Carrington Road, Coogee

Included under separate cover

 

 

 


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D39/16

 

Subject:                  149 Perouse Road, Randwick (DA/694/2013/A)

Folder No:               DA/694/2013/A

Author:                    Christopher Gorton, Assessment Officer      

 

Proposal:                 Section 96 modification of approved development by the addition of a toilet/storage area at garage level, alterations to the mezzanine level, alterations to various windows and first floor layout

Ward:                      East Ward

Applicant:               Mr C Papadolias

Owner:                    Mr C Papadolias

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

 

 

Development Application Executive summary report

 

The Section 96 (2) application is referred to the Planning Committee as the original application was determined by Council. It is noted that the original application was assessed by an external planning Consultant as the applicant indicated that they had a business relationship with a Councillor.  Consequently this application has been peer reviewed by an external consultant who concurs with the conclusions reached in this assessment. The consultant has suggested the imposition of privacy measures on the rear first floor window on the north western side. The peer review is attached to this report.  

 

Proposal

 

The subject Section 96 (2) application seeks to make the following changes to the approved development application:

 

Garage Level

·      New basement storage area located to the east of the approved garage;

·      New w/c located adjacent to the east of the garage; and

·      Reconfiguration of the internal stairs and lift.

 

Mezzanine Level

·      Extension of the storage area to fill in the approved void area; and

·      Reconfiguration of the internal stairs and lift.

 

Ground Floor Level

·      Reconfiguration of the internal stairs;

·      Removal of two windows on the north-western elevation;

·      Several new windows replacing existing approved windows on the north-west and south-eastern elevations; and

·      Creation of a study area by retaining existing wall and door and shift the approved stairs to the south-west.

 

First Floor Level

·      Reconfiguration of the internal stairs;

·      Removal of two windows and replacement of several windows on the north-western elevation;

·      New window to the front elevation; and

·      Reconfiguration and addition of internal walls, reducing the size of various bedrooms and creation of a sitting area.

 

Application History

On 11 March 2014, at a Planning Committee meeting, the application for substantial alterations and additions to existing dwelling including new first floor, alterations to existing garage at front with new mezzanine storage, exterior stairs, front wall planter above garage, landscaping at front, rear and associated works was deferred for mediation.

 

On 17 April 2014 a mediation session was held between the applicant and objector, no resolution was reached and the application was referred back to Council for determination.

 

On 13 May 2014 approval was granted at a Planning Committee meeting for substantial alterations and additions to existing dwelling including new first floor, alterations to existing garage at front with new mezzanine storage, exterior stairs, and front wall planter above garage, landscaping at front, rear and associated works subject to non-standard conditions.

Site

 

The site is located on the northern side of Perouse Road, approximately 50m east of its intersection with Howard Street.

 

The subject site is legally described as Lot B in DP 330847. It is rectangular in shape except for a chamfer in the northern corner. The site has a frontage of 12.19m to Perouse Road and a depth of 38.8m with a total area of 448.9m².

 

The site contains a single storey dwelling house with a detached garage fronting the street. The site has a steep gradient with the garage at street level and the dwelling house clearly predominant above.

 

Within the immediate locality is residential development characterised by a mix of single and attached dwellings and residential flat buildings.

 

The land adjoining to the south-east contains a pair of semi-detached dwellings (Nos. 151 & 151a Perouse Road) with the semi immediately adjoining comprising of two storeys (No. 151).

 

The land adjoining to the north-west contains the rear yards of four residential properties fronting Howard Street (Nos. 44, 46, 48 & 50) No. 44 Howard Street is a corner allotment and contains a detached two storey dwelling house. No. 46 Howard Street contains a 2 storey residential flat building. No. 48 contains a two storey detached dwelling house. No. 50 contains a single storey detached dwelling house.

 

Figure 1: Subject Site

 

 

 

 

Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

Substantially the Same Development

Council may only approve an application under Section 96(2) of the Environmental Planning and Assessment Act 1979 if “it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all) under this section”.

 

The proposed modifications will not result in a change to the essence of the original development, as changes are largely internal and involve minor window changes.

 

Submissions

 

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

 

Key Issues

 

·      Floor Space Ratio

The subject lot has an area of 448.9m² meaning that as per the RLEP 2012 there is a maximum floor space ratio on the subject site of 0.75:1 for a dwelling house or semi-detached dwelling.

 

The approved development had a floor space ratio of 0.67:1 (as per DA/694/2013 council report), the subject section 96 application seeks to increase this area by 20.83m², this additional G.F.A is wholly contained within the existing building envelope at garage and mezzanine level. The resultant F.S.R on site is 0.71:1.

 

It is considered that the proposed development is of a size and scale that does not result in any significant adverse impacts on the amenity of neighbouring sites, the proposed additional floor area will not increase the buildings perceivable bulk or scale as it is located at basement level or replaces existing void space.

 

The proposed modified development will still remain consistent with the streetscape. The proposal is considered to meet the relevant objectives and numerical controls of Clause 4.4 of the RLEP 2012.

 

·      Privacy

The section 96 modification includes several window changes on the north-western (side) elevation at both ground and first floor level, window changes on the south-eastern (side) elevation at ground floor level and on the front elevation at first floor level.

 

North-Western elevation:

The proposed window changes on the north-western elevation seek to replace the large stair well window (measuring 2.4m in width) with a smaller 900mm wide stairwell window, a new bedroom window at first floor level and a new study window at ground floor level.it also seeks to slightly shift and enlarge the window located to the “sitting area” further to the front of the dwelling. The window amendments proposed are similar to that currently approved and will not result in any significant adverse privacy impacts on the adjoining property.

Note: The Peer Review has suggested the imposition of privacy measures to limit the impacts from the enlarged window to sitting room 2 at first floor level, on the north-western side. A condition requiring this has been added to any approval.

 

South-eastern elevation:

There is one proposed window change on the south-eastern elevation, the section 96 modification seeks to lower the sill height of the ground floor dining window whilst still maintaining the same location. The window will maintain the same sill height as was previously approved and it is considered that it will not result in any additional adverse privacy impacts on the adjoining property.

 

The proposed window changes comply with the submitted BASIX certificate dated 7/3/2016.

 

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 essence of the application is not changing and it complies with the relevant controls and objectives outlined in the RDCP 2013. The proposed modifications, are suitable for the site, they satisfy the relevant assessment criteria and will not result in any significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/694/2013/A for the addition of a toilet/storage area at garage level, alterations to the mezzanine level, alterations to various windows and first floor layout, at No. 149 Perouse Road, in the following manner:

 

·             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

Drawn by

Dated

Received by Council

01 Survey and Site Analysis

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

02 Exterior Basement & Mezzanine Level, Ground Floor PLan

 

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

03 First Floor & Roof Plans

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

04 Short elevations & photomontage

 

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

05 Long Elevations

 

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

06 Sections

 

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

07 Environmental Site Management Plan

 

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

08 Finishes Board

 

Principle Planning & Urban Design

Request for Additional Information - 21 February 2014

27 February 2014

 

BASIX Certificate No.

Dated

Received by Council

A173190

14 October 2013

23 October 2013

 

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

 

Plan

Drawn by

Dated

14-S96 02 (Amendment A)

Luke Tsougranis design

9/03/2016

14-S96 03 (Amendment A)

Luke Tsougranis design

9/03/2016

14-S96 04 (Amendment A)

Luke Tsougranis design

10/03/2016

14-S96 05 (Amendment A)

Luke Tsougranis design

10/03/2016

14-S96 06 (Amendment A)

Luke Tsougranis design

10/03/2016

 

BASIX Certificate No.

Dated

A239517

7/03/2016

 

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

 

·      Add condition 2 (c) to read:

 2(c) The following window must have a minimum sill height of 1.6m above         floor level, or alternatively, the window is to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·          Sitting room 2 on the north-western elevation at first floor level.

 

Attachment/s:

 

1.View

Peer Review - No. 149 Perouse Road, Randwick

 

 

 

 


Peer Review - No. 149 Perouse Road, Randwick

Attachment 1

 

 

logo

  urban planning

 

28 April 2016

The General Manager

Randwick City Council

30 Frances Street

Randwick 2031

 

Attention: Kerry Kyriacou

 

No. 149 Perouse Road, Randwick - DA 694/2013/A - Peer Review

 

1.         Introduction

Plandev Urban Planning has been engaged by Randwick City Council (Council) to peer review a planning assessment report for a Section 96 modification application, which seeks approval to modify the development consent (DA No. 694/2013) for alterations and additions to an existing dwelling house at No. 149 Perouse Road, Randwick.

 

2.         Existing Approval

On 13 May 2014, Council granted approval for substantial alterations and additions to the existing dwelling house including a new first floor, alterations to the existing garage and new mezzanine storage, exterior stairs, a front wall planter above the garage, landscaping and associated works.

 

3.         Proposed Modification

A Section 96 modification application was lodged with Council on 14 March 2016 requesting to modify the approved development by the addition of a toilet/storage area at the garage (street) level, alterations to the mezzanine level, alterations to windows and the internal layout at the first floor.

 

4.         Public Submissions

The modification application was publicly notified to the adjoining properties. No submissions were received in response to Council’s notification of the proposed modifications.

 

5.         Compliance with Council’s Planning Controls

Randwick Local Environmental Plan 2012

 

Clause 4.4 establishes a maximum floor space ratio (FSR) of 0.75:1 for a dwelling house on the subject site. The proposed modifications would increase the gross floor area (GFA) of the development by 20.83 sqm, resulting in an FSR of 0.748:1, which complies with Council’s maximum FSR control.

Council’s planning assessment notes the proposed additional floorspace would be located at the basement and replaces the existing void space resulting in no increase in the bulk and scale of the development. It concludes the amended proposal would remain consistent with the streetscape and satisfy the relevant objectives of the development standard.

 

As the proposed modification relates primarily to internal changes, with the exception of some minor external changes to the windows at the north-western and south-eastern elevations, there would be no alteration to the overall built form or the external appearance of the dwelling house. The additional floorspace would not result in any amenity impacts to the adjoining properties and is therefore appropriate for the site. Plandev concurs with the findings in Council’s planning assessment report.

 

There are no other provisions in LEP 2012 relevant to the proposed modification.

 

Randwick Development Control Plan 2013

 

Randwick Development Control Plan 2013 (DCP 2013) has a number of specific planning controls, which were addressed in the assessment of the originally approved development. The potential privacy impacts are a relevant consideration as the proposed modification includes external window changes.

 

At the north-western elevation the window changes include: replacement of the stairwell window (2.4 m wide) with a smaller stairwell window (900 mm wide); inclusion of a new window to a bedroom at the first floor; inclusion of a new window to a study at the ground floor; and an enlarged ‘sitting room’ window at the first floor towards the front of the dwelling.

 

Council’s planning assessment concludes the changes to the windows at the north-western elevation are similar to that currently approved, and would not result in any significant adverse privacy impacts to the adjoining property.

 

Plandev’s review finds that the new bedroom and study room windows would not result in any adverse privacy impact to the adjoining properties as these rooms are typically low activity areas of the dwelling compared to the living areas. Also, the potentially limited views from the internal stairwell window would be less compared to the larger approved stairwell window.

 

The enlarged ‘sitting room’ window at the first floor would potentially result in greater privacy impacts compared to the approved smaller window it would replace in a similar location. In order to mitigate potential privacy impacts this window should have a minimum sill height of 1.5m above floor level or fixed with translucent or obscured glazing. Subject to the imposition of a condition to this effect in the recommended modified development consent, there would be no significant additional privacy impacts to the adjoining properties.

 

The proposed window change at the south-eastern elevation involves the replacement of a window to the dining room (3 m x 600 mm) with a larger window (3 m x 1.5 m). Council’s planning assessment report notes the sill height would not change, and therefore concludes there would be no additional privacy impact to the adjoining residential property. Plandev concurs with the Council’s planning assessment that there would be no additional privacy impact.

 

6.         Conclusion

Plandev considers that planning assessment report has been undertaken in accordance with Section 96 of the Environmental Planning and Assessment Act, 1979.

 

The proposed modification relates primarily to internal changes and would not change the overall built form or appearance of the development, or result in any additional adverse amenity impacts to the adjoining properties. On this basis, the proposal would result in development that is substantially the same as the originally approved development.

 

Subject to the inclusion of a screening measure to mitigate the potential privacy impact to the adjoining property from the enlarged ‘sitting room’ window at the north-western elevation, the potential privacy impacts associated with the external window changes have been satisfactorily addressed in Council’s planning assessment.

 

Plandev concurs with the findings in Council’s planning assessment and the recommendation to modify the development consent.  

 

If you have any queries please do not hesitate to contact the undersigned on 0412 488 590.

 

Regards

Thomas Mithen BA URP MPIA

Director

Plandev

Urban Planning

 

 


Planning Committee                                                                                                     10 May 2016

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D40/16

 

Subject:                  Unit 11/489 Bunnerong Road, Matraville (DA/873/2015)

Folder No:               DA/873/2015

Author:                    Chahrazad  Rahe, Senior Assessment Planner     

 

Proposal:                 Conversion of the existing non-trafficable roof area of the existing building fronting Bunnerong Road to trafficable roof terrace for Unit 11 and addition of sunshade devices over part of the proposed roof terrace area.

Ward:                      South Ward

Applicant:               Leo Carboni

Owner:                    Bassline Systems PTY LTD

Summary

Recommendation:   Approval

http://interactivemapping/Geocortex/Essentials/prod/REST/TempFiles/Export.jpg?guid=0f9d6061-1cf0-42f9-9153-de231a95d8f1&contentType=image%2Fjpeg

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee for determination as the proposal seeks a variation to Clause 4.3 Height of Building by more than 10%.

Proposal

 

The proposal seeks consent for conversion of the existing non-trafficable roof area of the existing building fronting Bunnerong Road for use as trafficable area for Unit 11 with associated balustrades, spiral staircase and additions of metal cladding and louvred metal sunshade awning structures over part of the proposed roof terrace area.

 

A site inspection revealed that some of the works have already been carried out. The terrace area is already tiled and the balustrades to the terrace area and doors to the bedroom/utility room have been constructed.  Refer to Figure 1 below.

 

The unauthorised building works have been referred to Councils Regulatory Building for appropriate action and do not form part of this approval.  However, the unauthorised building works are deemed satisfactory for their intended use. 

 

The application is for use of the roof terrace area only, spiral staircase and for the sunshade devices.

 

     

Figure 1: Shows the non-trafficable roof terrace area being tiled and balustrades and doors being constructed.

 

The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Bunnerong Road in Matraville and is currently occupied by an existing 6 storey building fronting Bunnerong Road and 3 storeys to the rear with two level basement car parking. The subject site has a frontage of 14.325m to Bunnerong Road, a northern side boundary depth of 44.24m, a southern side boundary depth of 44.075m and a total site area of 626m². 

 

The surrounding area comprises predominantly retail/commercial uses with the subject site located within the Matraville Town Centre.

 

Submissions

 

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

 

Key Issues

 

Clause 4.6 - Exceptions to development standards

Clause 4.6 of RLEP provides a mechanism for variation to development standards in certain circumstances.

 

The proposal contravenes the development standard for the maximum height of buildings contained in clause 4.3A(3)(c) of RLEP 2012. The applicant has submitted a written request seeking to justify the contravention of the standard pursuant to Clause 4.6 of RLEP 2012. 

 

The proposed variation is summarized in the table below:

 

 

Maximum Height of Buildings

Development Standard

13m

Existing Building height

Maximum 23.03m

Proposed Building height

The proposed awning will result in a height of 22.83m which is below the maximum height of the existing building.

Excess above RLEP Standard

175.6%

 

Clause 4.3A - Exceptions to height of buildings in Matraville and Kensington

The proposal contravenes the development standard for the maximum height of buildings contained in clause 4.3A(3)(c) of RLEP 2012 which reads as follows:

 

3) The maximum height of a building in the Matraville Commercial Centre on land identified as “Area 2” on the Height of Buildings Map is 22 metres if:

 

(a)  the land has a street frontage greater than 12 metres, and

(b)  all of the building that is higher than 16 metres is set back at least 4 metres from the street frontage, and

(c)  the building incorporates a supermarket.

 

The site has a front width of 14.325m to Bunnerong Road and the additions that are higher than 16m are setback at least 4 metres from the rear boundary.  However, the existing building does not incorporate a supermarket.

 

Given a supermarket is not incorporated in the development, under the current LEP a maximum height limit of 13m applies to the site.  The maximum height of the existing building is 23.03m. The maximum height of the proposed works is 22.83m.

 

Decisions of the Land & Environmental Court acknowledge the difficulties in interpreting the height standard due to the broad definition of ground level (existing) in the Standard Instrument LEP.  The maximum building height of the development has been calculated from the basement level (being the ground level) which results in the proposed development not meeting the 13 metre height standard applicable under the Height of Buildings Map in the Randwick LEP 2012.

                                                  

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

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

 

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

 

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

 

 

 

Further, the consent authority must be satisfied that:

 

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

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

 

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

 

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

 

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

In the Wehbe case Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard. The objectives of the maximum Height of Buildings standard are set out in clause 4.3 (1) of RLEP 2012 as follows:

 

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

(b)   to ensure that 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 applicant’s written justification for the departure from the standard is detailed below:

 

Pursuant to Clause 4.6, Part 4 of RLEP 2012, a request is made to vary the development standard regarding the Height of Building, applicable under the Height of Buildings Map.

 

The development application includes pergola type sun-shade devices to be installed over the existing glazed windows and part of the proposed new terrace area.  The existing windows were part of the previously approved and completed building (DA/1003/2010) which was itself given an exception to the building height limits under the previously applicable RLEP.

 

Important to note is that the newly proposed sun-shades, as detailed in this current development application, are effectively set lower than and within the existing approved building height but nevertheless, exceed the stated building height limits of the current RLEP.

 

Under the current RLEP, the site falls within Zone N1 (13m limit) with an exception under “Area 2” as per Part 4, Clause 4.3A (3) (22m limit). The exception however, cannot be automatically applied to the subject site as compliance with sub-clause (c) cannot be met. This sub-clause requires the inclusion of a supermarket of at least 1000 sqm in area which is impossible on the subject site as it is only 625sqm in total area. Notwithstanding this particular anomaly, this exception is sought under Part 4, Clause 4.6.

 

The following is a brief response to the objectives outlined in Clause 4.6.

 

·      Under an appropriate degree of flexibility, a better outcome can be achieved by addressing the shortcomings of the original building design associated with the roof area that will be resolved by the installation of the pergola type sun-shades over the existing windows to eliminate excessive sun ingress.

 

·      The proposed sun-shades that form part of this exception do not normally contravene any other development standards or environmental instruments.

 

·      Given the significant benefits the proposed sun-shades will provide by re-addressing the unacceptable level of direct sun ingress through the existing windows, overlooked on the previous development application, to comply with the current building height limits is considered “unreasonable” on the grounds that:

 

a)     Not addressing the sun ingress issue will maintain the existing top floor room in a virtually uninhabitable state for all but the coldest days of the year.

 

b)     The height of the proposed sun-shades are well below the current roof ridge height to the previously approved building.

 

c)     The setback of the sun-shades are all well within the property boundaries such that they are do not cause any overshading to neighbours and are virtually unseen from the street below. They only serve the purpose of shielding the existing windows from direct sun ingress.

 

·      Planner’s Assessment Summary In granting this contravention of State environmental planning, it should not give rise to any significant or detrimental matters with regards to the public benefit.

 

·      In granting consent for this development, the obvious compliance with SEPP (Building Sustainability Index: BASIX) 2004 can finally be achieved for this particular unit No.11.

 

We trust that this request to vary the height of building limit, above that nominated in the current RLEP, may be met with a positive outcome as the building can only benefit from the addition of these pergola sun-shades devices whilst not impacting on the amenity of any

 

In summary, it is considered that strict compliance with the maximum height of building standard is unreasonable and unnecessary for the following reasons:

 

·      The height of the proposed sun-shade structures are below the current roof ridge height of the previously approved building and subject to the deletion of the staircase and part of the terrace between grids B and D the sunshade structures will not be significantly noticeable from Bunnerong Road and neighbouring properties.  The shade structures are localized to the centre of the building and are setback from the side boundaries.  Also, the structures are considered to be consistent in height with the neighbouring mixed use buildings. 

 

·      The non-compliant portion of the building height does not manifest in any unreasonable adverse environmental impact in terms of visual bulk, overshadowing, view loss or privacy impacts to adjoining and neighbouring land on the basis that the following is implemented:

 

-    Tinted film is to be installed to the existing glass balustrades to eliminate overlooking in a downward direction.  Refer to Figure 1 which shows the balustrades.

-    To reduce the visual impact on the streetscape, the staircase and part of the terrace area to the north western end of the building between grids B and D are to be deleted from the plans.

 

·      The scale and built form will continue to reflect the predominant character of buildings in the streetscape and in the immediate locality.  The proposed building envelope will continue to be generally similar with the setback and separation of adjoining buildings and will continue to provide reasonable amenity between neighbouring properties. 

 

·      There will be no unreasonable additional overshadowing impacts to the neighbouring properties. Majority of the additional overshadowing will fall onto the roof terrace area of the subject site.

 

·      The proposal does not result in any view loss to adjoining properties.

 

·      The proposed roof terrace area is located off a bedroom/utility room, not living areas and given the staircase access is deleted from the plans it is unlikely that future residents will spend considerable time in this area.  Also, subject to the recommended condition above which requires tinted film to be installed to the existing glass balustrades, overlooking in a downward direction to neighbouring properties will be reduced.

 

·      The proposed development remains consistent with the existing and future character of the area.

 

·      Non-compliance with the height of building standard does not raise any matters of significance for State or regional environmental planning.

 

·      The proposed development is consistent with the zone objectives.

 

·      Variation from the adherence to the height of building standard will be not be detrimental to the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

 

The proposed development satisfies the provisions of Clauses 4.6(3) and (4) of the RLEP 2012. Therefore, the applicant’s written justifications for contravening the height of building standard is considered to be well founded and is supported.

 

 

 

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 zoned B2 Local Centre under RLEP 2012 and the proposed development is permissible with development consent. 

 

The proposal seeks a variation to the development standard contained within Clause 4.3A, sub-section (3)(c), of the Randwick LEP 2012 relating to height of building.  The applicant has submitted a written request seeking to justify the proposed variation of the Exceptions to height of buildings in Matraville and Kensington development standard pursuant to Clause 4.6 of RLEP 2012.  The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning and strict compliance to the numerical standard is considered unreasonable and unnecessary in this case.

 

Subject to conditions the development will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the Matraville Commercial Town Centre.

 

The application has been assessed having regard for Section 79C (1) of the Environmental Planning and Assessment Act 1979, together with the provisions of Randwick Local Environmental Plan and all relevant Council DCPs.  Following detailed assessment it is considered the proposal in its amended form is consistent with the relevant planning controls as addressed in the report and is supported.

 

Recommendation

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.3A, sub-section(3)(c) of Randwick Local Environmental Plan 2012, relating to Exceptions to height of buildings in Matraville, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Infrastructure be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/873/2015 for conversion of the existing non-trafficable roof area of the existing building fronting Bunnerong Road for use as trafficable area at Unit 11 and additions of sunshade devices over part of the proposed roof terrace area, at Unit 11/489 Bunnerong Road, Matraville, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

 

 

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

01-08

K.L. Special Projects

4/12/2015

 

Amendment of Plans & Documentation

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

 

a)   Tinted film shall be installed to the existing glass balustrades along the parameters of the roof terrace area.

 

b)   The staircase and part of the terrace area to the north western end of the building between grids B and D shall be deleted from the plans.

 

c)   The unauthorized building works do not form part of this approval.

 

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

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

 

Long Service Levy Payments

3.       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.

 

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.

 

Building Code of Australia

4.       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 are to be provided in the construction certificate.

 

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 Regulatory Requirements

5.       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)      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

 

d)     at least two days notice must be given to the Council, in writing, prior to commencing any works; and

 

e)     the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

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.

 

Building Inspections

6.       The 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.

 

Permitted Working Hours

7.       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

 

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.

 

Construction Site Management, Public Health & Safety

8.       Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times (as applicable):

 

a)     A sign must be provided and maintained in a prominent position throughout 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”.

 

b)     Building materials, sand, soil, waste materials, construction equipment or other materials or articles must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

c)      Bulk bins, waste containers or 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 or other articles in a public place can be made to Council’s Health, Building & Regulatory Services department.

 

d)     During demolition and construction, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

e)     Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted.

 

f)      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.

 

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’.

 

Notes:  An Occupation Certificate must be obtained from the PCA prior to occupation and use of the premises.

 

          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

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

 

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 legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

A2      All new building work (including alterations, additions and building renovations) must comply with the Building Code of Australia (BCA) and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia and Disability (Access to Premises – Buildings) Standards 2010 and you are advised to liaise with your architect or building certifier regarding these requirements prior to applying for a Construction Certificate.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D41/16

 

Subject:                  5-7R Henning Avenue, South Coogee (DA/76/2016)

Folder No:               DA/76/2016

Author:                    Jonathan Blackmore, Environmental Planning Officer      

 

Proposal:                 Alterations and an upgrade of existing kitchen facilities at the South Coogee Bowling Club

Ward:                      East Ward

Applicant:               Planning Options Australia PTY LTD

Owner:                    NSW Department of Lands - Crown Land Division

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive Summary Report

 

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

 

Proposal

 

The applicant proposes alterations and an upgrade of existing kitchen facilities at the South Coogee Bowling Club. The alterations include extending the kitchen into the general hall/assembly space of the club, installing additional serving counters, and rearranging the layout of the existing kitchen area. No external changes have been proposed. The kitchen is to be operate from 11am to 11pm, seven days.

 

The applicant has provided additional information on the existing and proposed uses and it is considered that the proposed kitchen upgrades would be ancillary to the existing registered club operation. 

 

Site

 

The subject site is located at the intersection of Henning Avenue and Moverly Road. The site contains three separate lawn bowling fields, a club, car parking and associated facilities. The areas to the south and west of the site are residential, while areas to the north and east contain playing fields and tennis courts.

 

The club on the site is a single storey building containing a bar, general assembly areas, administration offices, toilets and kitchen facilities. The building was established in 1957 and the applicant has stated that the building has operated as a club since this time. The club generally operates from 10am to 12am (midnight), seven days.

 

Image 1: 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:

61 Edgar Street

Issue

Comment

1.  No parking to accommodate a restaurant.

2.  Noise is a big issue when people leave from the site late at night.

3.  Anti-social behavior from patrons who drink excessively.

1.  The proposed kitchen upgrade does not extend the floor area of the club or allow the club to accommodate additional patrons.

2.  The proposed kitchen upgrade does not increase the operating hours of the club.

3.  The responsible service of alcohol is a requirement of the Liquor Licence. Notwithstanding, the refurbished kitchen area will provide better food facilities and less focus on the consumption of alcohol.

75 Edgar Street

Issue

Comment

1.  Excessive noise from patrons using the club and departing the club in the evenings.

2.  Additional patrons will take up on-street parking.

3.  A restaurant would be out-of-character with the residential nature of the area.

1.  The proposal does not increase the operating hours of the club and the kitchen facilities remove floor space from the club, reducing potential patron numbers.

2.  The proposed kitchen upgrade is an ancillary use of the existing club and does not intensify the use of the club beyond what is currently possible.  As there is no increase in the floor area no additional parking is required.

3.  The kitchen upgrades are an ancillary use of the existing club and would not intensity its use or impact on the residential character of the surrounding area.

4 Henning Ave

Issue

Comment

1.  The proposal would allow entertainment – adding to the noise.

2.  The land that the clubhouse is on is for recreation and not for commercial ventures.

3.  The proposal would change the nature of premise and disadvantage surrounding residents.

1.  The proposal does not involve entertainment, beyond that already provided by the existing club.

2.  The club has operated on the site since 1957, the proposed kitchen upgrades are part of the club use.

3.  The proposed kitchen upgrades are an ancillary use of the existing club, does not intensity the use of the clubhouse or add floor area to the club. The proposal will not result in significant impacts on surrounding residents.

Unknown

Issue

Comment

1.  Club members will be restricted to 1/3 of the club.

2.  The members of the club were not informed of and did not approve the development application.

3.  No disabled toilet is proposed.

1.  There is nothing to suggest that club members will be excluded from using the dining area.

2.  Landowner’s consent has been given for the application.

3.  The requirement for disabled toilet will be a matter for the certifier upon lodgement of a construction certificate.

 

65 Edgar Street

Issue

Comment

1.  The submitter has no issues and supports the application.

2.  The submitter wishes that the uses within the clubhouse continue to diversify.

1.  No comment is necessary.

 

Key Issues

 

Existing Use Rights

Within Section 106, the Environmental Planning and Assessment Act 1979 makes provision for the continued use of a building, work or land, where consent was lawfully granted and commenced prior to an environmental planning instrument having the effect of prohibiting the use.

 

Section 107 of the Act provides further direction for existing uses, identifying the use is presumed to have been abandoned, unless the contrary is established, if the use ceases for a continuous period of 12 months.

 

A club house was lawfully established on the site in 1957. The applicant has confirmed that it has been a continuous use since that time.

 

 

Fodor Investments v Hornsby Shire Council, 2005

Assessment under Sections 106 and 108 of the Act identifies that the provisions (controls or standards) of an environmental planning instrument (such as the RLEP 2012) that would restrict the redevelopment of the site, do not apply.

 

In the absence of such provisions, the Land and Environment Court has established a planning principle for urban development (Fodor Investments v Hornsby Shire Council, 2005) which identifies criteria for the assessment of proposals on land with existing use rights. The principles are addressed as follows:

 

How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessment.

 

No changes are proposed to the exterior or the floor space ratio of the building. Therefore, it is considered that the proposal will have no impact on permissible development on surrounding sites and as such, this question posed within the principle is considered satisfied.

 

What is the relevance of the building in which the existing use takes place? Where the change of use is proposed within an existing building, the bulk and scale of that building are likely to be deemed acceptable, even if the building is out of scale with its surroundings, because it already exists. 

 

The proposed upgrade of the kitchen facilities will be an ancillary activity to club activities and will not change the primary use of the site or the external built form of buildings on the site.  The proposal will utilise existing floor area within the building and will not enable more patrons to be accommodated at the club. Hours of operation of the kitchen are not proposed to extend beyond the hours of the club. The proposal will therefore not alter the physical character or scale of the approved development.

 

What are the impacts on adjoining land? The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable.

 

The proposal is will not result in any external changes to the building on the site. The nature of the activity within the building will remain that of a registered club, and the kitchen will support the club as an ancillary activity. Noise impacts from the kitchen can be managed and mitigated with consent conditions (see environmental health referral comments below). Therefore, the proposal will result in no impacts on adjoining land.

 

What is the internal amenity? Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally.

 

The proposal will not reduce the internal amenity of the club building.

Referral Comments – Environmental Health

 

Food Safety

The plans that have been submitted to Council of the kitchen upgrade do not include details of floor waste, mechanical ventilation or cleaners sinks to ensure compliance with AS 4674 – Design, construction and Fit-out of Food Premises.

 

It is also noted that there is only one hand wash basin listed. Plans should be reviewed to ensure the development complies with AS 4674 – Design, Construction and Fit-Out of Food Premises section 4.4.1(f) which states that Hand basins shall be located and installed so that they are accessible and no further than 5m, except for toilet hand basins, from any place where food handlers are handling open food.

 

Appropriate conditions in relation to food safety have been included within this referral to ensure compliance with relevant legislation.

 

Acoustic Amenity

Several objections have been received in relation to potential for noise from increased patronage and the installation of mechanical plant in the proposed development.

 

The potential for noise nuisance has been considered and appropriate conditions have been included in this referral. 

 

Environmental Considerations

Standard conditions in relation to waste, pollution control and cleaning have been included in this referral to ensure compliance with the relevant legislation and guidelines.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/76/2016 for alterations and an upgrade of existing kitchen facilities at the South Coogee Bowling Club, at No. 5-7R Henning Avenue, South Coogee, subject to the standard conditions contained in the development application compliance report.

 

 

Attachment/s:

 

1.

DA Compliance Report for 5 - 7R Henning Avenue, South Coogee

Included under separate cover

 

 

 


Planning Committee                                                                                                     10 May 2016

 

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Development Application Report No. D42/16

 

Subject:                  6 Chapel Street, Randwick (DA/66/2016)

Folder No:               DA/66/2016

Author:                    Jonathan Blackmore, Environmental Planning Officer     

 

Proposal:                 Alterations and additions to the existing dwelling including new first floor.

Ward:                      North Ward

Applicant:               Mr A L Pascoe

Owner:                    Mr A L Pascoe and Mrs A V Pascoe

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive Summary Report

 

The application is referred to Planning Committee for determination at the request of Councillors Neilson, Matson and Shurey.

 

Proposal

 

The applicant proposes additions to the rear of the existing dwelling that include a new first floor over an existing modern rear extension to the original brick Federation-style dwelling. The first floor is proposed to contain two bedrooms, a bathroom, and a living/ breakout area with a small rear balcony. External finishes of the addition are proposed to include painted rendered walls, metal roofing, and metal louvres.

 

Site

 

The subject site is located on the western side of Chapel Street, close to its intersection with Dutruc Street. The site contains a single storey Federation Bungalow Style dwelling, which retains much of its original form and detail. A relatively recent single storey addition is present at the rear of the dwelling. A garage is located in the front yard and the site features a relatively high frontage wall and entry gates. The perimeter of the rear yard features dense planting on both the subject site and adjoining sites.

 

This section of Chapel Street and the adjoining Dutruc Street generally features dwellings of a comparable style and era to that on the subject site. Terraces and multi-unit developments are present on sites to the west.

 

Image 1: 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. As a result of this notification, the following submissions were received:

 

2 Dutruc Street

Issue

Comment

1.  Concerned about the shadow from the development cast over the submitter’s backyard.

1.  The private open space of the submitter’s site will continue to receive 3hrs sunlight on 21 June and the proposal complies with the solar access requirements of the RCDCP 2013.

 

4 Dutruc Street

Issue

Comment

1.  Heritage issues. In particular, a heritage impact statement should be required, the proposal is not sympathetic and is inconsistent with heritage character and values, bulk will dominate existing house and streetscape, and the proposal will set a bad precedent.

2.  Southern side glazing will reduce the visual privacy enjoyed by the submitter’s site.

3.  The addition will be visible from the submitter’s site and will be bulky. The addition will reduce the vista and outlook to the north and diminish light to the submitter’s property.

4.  The design will adversely affect the streetscape.

5.  The design will have excessive bulk, scale and mass.

6.  The design breaches the rear setback control of the RCDCP 2013.

1.  Refer comments from the heritage planner under “key issues” below.

2.  Privacy will be preserved by a recommended condition to require fixed louvres below 1.6m above floor level.

3.  Another site is between the subject site and the submitter’s site. The addition will be partly screened from view from the submitter’s site by existing vegetation. No view corridors to the public domain will be impeded. The design is generally compliant with the height, FSR, coverage, and building design planning controls (refer LEP and DCP compliance tables).

4.  The addition is to the rear of the site and will not be prominently visible from the streetscape.

5.  The design is generally compliant with the height, FSR, coverage, and building design planning controls (refer LEP and DCP compliance tables).

6.  The rear setback is discussed under “key issues” below.

 

16/6 Dutruc Street

Issue

Comment

1.  Objects to the proposal.

1.  The submitter has not given any specific reasons for their objection to the proposal. The subject site does not adjoin the submitter’s property and the addition will be mostly screened from view of their property by distance, vegetation and ground level changes.

Unknown

Issue

Comment

1.  Loss of amenity for neighbouring properties, including loss of privacy.

2.  The bulk and scale of the proposed addition is excessive for the site and in relation to the existing dwelling.

3.  The bulky box shaped addition is inconsistent with heritage nature of the existing dwelling, will be clearly visible from neighbouring properties and the street, and will spoil the streetscape.

4.  The addition is inconsistent with the heritage character of the neighbourhood/heritage conservation area.

1.  Residential amenity of nearby properties will be generally maintained. Privacy will be preserved by a recommended condition to require fixed louvres below 1.6m above floor level.

2.  The design is generally compliant with the height, FSR, coverage, and building design planning controls (refer LEP and DCP compliance tables).

3. & 4. Refer comments from the heritage planner under “key issues” below.

 

 

Key Issues

 

Referral Comments – Heritage Planner

 

The Council’s consultant heritage planner, Mr Colin Brady, makes the following comments about the proposal:

 

Heritage Significance of the Existing Building 

 

Documentary evidence supports the existing residence at 6 Chapel Street being constructed in the period 1910-1914 and initially named Neverleigh. The original occupant is identified as Charles Graham.  [Sands Directory Listings]. It is not, as asserted in the Statement of Environmental Effects, a California Bungalow.

 

Designed in the Federation Bungalow Style the residence retains much original form and detail. Recent unsympathetic rendering and painting of the front elevation, the location of a garage in the front yard and of an unsympathetic high street front wall and entry gates have detracted from the quality of the building. However the residence remains contributory to the Conservation Area and streetscape by virtue of form, finishes -particularly the tiled roof, and detailing including that remaining in painted elevations.   

 

Assessed Impact of the Proposed Works.

 

The proposed first floor additions are located to the rear of the main original roof form. The additions rely substantially upon setback and the screening afforded by existing vegetation for cohesion with the existing residence and Conservation Area. The overall height of the additions rises above that of the existing ridgeline and will be seen from the street frontage, particularly as the existing roof slopes to the outer sides of the residence.

 

To ensure a cohesive interface and acceptable level of impact upon the existing built form and the Conservation Area the selection of external finishes and colours to the proposed additions is important.  Colours of external finishes should be selected to merge with the existing background of light coloured wall planes to existing buildings fronting Frenchmans Road and Avoca Street and the established green planting argued as principle mitigation to adverse impacts of the proposed works. The resultant finishes will serve as a background to the main roof form and should serve to enhance the historic tiled roof form. 

 

Details of the proposed glazed screen to the southern facade of the breakout area should be provided to establish the impact of the extended glazing on the setting and Conservation Area.

 

Subject to retention of these elements of built and landscaped fabric the proposed works are considered to have an acceptable impact upon the heritage significance of the site and existing structures.

 

Compliance with Controls

 

Randwick Development Control Plan 2013 – Heritage requires that where buildings are Heritage Items or Contributory Buildings:

 

iv) Additions must not visually dominate, compete with or conceal the original form and massing of the existing buildings         [Randwick DCP 2013 B2 Heritage 2.3 (iv)]

 

Recommendations

 

To enhance and maintain the aesthetic qualities of the site and the Conservation Area and the cohesion of new works with the setting, it is recommended that the applicant submit a schedule of colour finishes demonstrating the use of light colours to the first floor exterior enhancing the existing tiled roof form and continuing the pattern of light coloured wall finishes to buildings seen in the existing background to the residence.

 

To clarify the impact of proposed glazing on the southern opening to the first floor ‘breakout room’ upon the immediate setting and the listed building at 4 Dutruc Street, it is recommended that the applicant submit further details showing the type of glazing and the pattern of framing proposed for the enclosure. 

 

No landscape details have been sighted and it is recommended that the applicant clarify the extent to which existing screen planting is to be retained about the site.

 

There is to be no further painting or rendering of exposed face or common brick to the exterior of the existing residence.

 

Further Emailed Comments

 

I am clarifying the recommendation in my heritage assessment for the application; namely that the pattern of proposed glazing to the southern elevation of the Breakout Space be clarified.

 

If the large area of glazing incorporates external privacy screening of a horizontal or vertical louvered form this should maintain neighbour’s amenity whilst ensuring detailing cohesive with the Conservation Area.

 

Referral Comments – Landscape Officer

 

The Council’s landscape officer, Mr David Meredith, makes the following comments about the proposal:

 

Landscape Comments

 

The inspection of 11 April 2016 revealed two, 5m tall Robinia pseudoacacia ‘Frisia’ (Golden Robinia’s) on the public verge, to the south of the existing vehicle crossing which would remain unaffected given an absence of any external works, with the mature Lagerstroemia indica (Crepe Myrtle) located in the front yard, between the front boundary and carport also not to be affected, and while they all contribute to the site, streetscape and wider St Marks Conservation Area, conditions are not required.

 

While access to the rear yard was not possible during the inspection, it was observed from adjoining properties that dense screen planting exists around the perimeter of the rear yard, which provides valuable screening, privacy and amenity for both occupants as well as neighbours, so as a group, are regarded as valuable site features.

 

The plans propose a new first floor, but as this will be contained directly over the existing ground floor/footprint, no direct impact on this vegetation will occur, as has been confirmed in the SEE, so can all be retained in-situ.

 

In the rear yard of the adjoining private property to the north, no.4, close to the common boundary, there is a mature Salix babylonica (Weeping Willow), whose southern aspect overhangs slightly into the subject site, with conditions allowing clearance pruning where needed so as to facilitate works associated with the first floor, and given the small amount involved, as well as the well-known resilience of the species, will not affect the tree in anyway, with the relevant consent provided.

 

Side Setback – Sub-Section 3.3.2

 

The proposed 1.79m northern and the 1.2m southern side setback of the upper-level will be non-compliant with the 1.8m side setback required by the RCDCP 2013.

 

The proposed non-compliances will not result in any significant adverse impacts and will not be inconsistent with the relevant objectives of the RCDCP 2013. In relation to the northern side, the non-compliance is generally insignificant and will not be noticeable to the casual observer, the northern building line will not extend beyond the ground level wall line and the setback will contribute to side elevation articulation. In relation to the southern side, the wall length of the upper-level non-compliant setback is not significant (3m), the setback does not protrude beyond the existing ground level wall line, and the setback contributes to side elevation articulation. Further, both setbacks will not infringe the solar access and privacy provisions of the RCDCP 2013.

 

Rear Setback – Sub-Section 3.3.3

 

The proposed 6.4m rear setback of the upper-level will be non-compliant with the 8m rear setback required by the RCDCP 2013.

 

The proposed non-compliance will not result in any significant adverse impacts and will not be inconsistent with the relevant objectives of the RCDCP 2013. The non-compliant portion results from a partly enclosed balcony projection and the proposal does not move the rear wall line of the dwelling resulting in building bulk closer to the rear boundary. There is a varied rear setback pattern in the immediate locality, buildings on 2 and 4 Chapel Street have lesser rear setbacks than that proposed whilst those at 2 and 4 Dutruc Street are generally greater due to their larger configuration (refer locality plan above). The rear setback will not result in additional shading for properties beyond the rear boundary due to the east-west orientation of the site. Vegetation growing on the site to the west and north will generally screen the addition and rear balcony from view of the site and other sites to the west.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/66/2016 for alterations and additions to the existing dwelling including new first floor at No. 6 Chapel Street, Randwick, 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

 

Scope

2.       This consent just not authorise further rendering or painting of exposed face or common brick to the exterior of the existing residence.

 

 

Amendment of Plans & Documentation

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

 

a.   The blades of the louvres to the southern side of the breakout room and staircase are to be fixed, up to 1.6m above floor level, in an orientation that prevents overlooking of the adjoining sites to the south.

 

Attachment/s:

 

1.

DA Compliance Report - 6 Chapel Street, Randwick

Included under separate cover