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Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 28 June 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


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                         28 June 2016

 

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Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 28 June 2016 at 6:00pm

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 24 May 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

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

Audio/video recording of meetings prohibited without permission;

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

Mayoral Minutes

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

Urgent Business

 

 

 

 

 

Director City Planning Reports (record of voting required)

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

CP35/16    65 Willis Street & 27 Meeks Street, Kingsford (DA/795/2015) - Deferred............................................................................ 1

CP36/16    2 Wolseley Road, Maroubra (DA/160/2011/B) - Deferred.... 113

CP37/16    20 Chapman Avenue, Maroubra (DA/253/2016).................. 129

CP38/16    21 Meehan Street, Matraville (DA/863/2015)...................... 133

CP39/16    608-610 Bunnerong Road, Matraville (DA/245/2016).......... 145

Director City Planning Reports (record of voting NOT required)

CP40/16    Report for variation to Development Standard under State Environmental Planning Policy No. 1 (SEPP 1) and Clause 4.6 between 13 May - 15 June 2016........................................ 153

CP41/16    Council as Relevant Planning Authority - Planning Proposal for 1T Romani Way, Matraville................................................ 157

CP42/16    2016-17 Community Partnerships Funding Program ........... 161

CP43/16    Advisory Committee Minutes............................................. 169

General Manager's Report

GM11/16   Randwick City Council Operational Plan and Budget 2016-17 179

Director City Services Report

CS8/16     Malabar Headland - Western Walking Track - Update........... 193

Director Governance & Financial Services Reports

GF18/16   Investment Report - May 2016.......................................... 197

GF19/16   Telecommunications Proposal CPS Global - Anzac Parade, Maroubra......................................................................... 205  

Petitions

Motion Pursuant to Notice

NM31/16   Notice of Motion from Crs Bowen, Neilson, & Shurey - Under Section 372(5)  of Local Government Act - Planned Redevelopment of Bondi Pavilion....................................... 245

NM32/16   Notice of Motion from Cr Bowen - Amend design to preserve trees on the Randwick & Kingsford branches of Light Rail line...................................................................................... 247  

Closed Session (Record of voting required)

General Manager’s Report

GM12/16   Local Government Procurement Tender for Small Electricity Sites

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

  

 

 

Director City Planning Report

CP44/16    Tender T2016-20 - Provision of Event Services

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

 

Director City Services Report

CS9/16     Supply and delivery of 2 x Compact Footpath Sweepers

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

 

Director Governance & Financial Services Reports

GF20/16   Draft Operational Plan and Budget 2016-17: Confidential Fees and Charges

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

 

GF21/16   Proposal for Extension of Smash Repairs for Council Vehicles & Trucks Contract (Tender No. T2011-05)

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

 

GF22/16   SSROC Tender for the Provision of Agricultural Products - No. 2016-06

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

 

GF23/16   SSROC Tender for Supply and Delivery of Sodium Hypochlorite (Bulk Liquid Chlorine) - No. 2016-05

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

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                         28 June 2016

 

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Director City Planning Report No. CP35/16

 

Subject:                  65 Willis Street & 27 Meeks Street, Kingsford (DA/795/2015) - Deferred

Folder No:               DA/795/2015

Author:                    Frank Ko, Coordinator Fast Track     

 

Proposal:                 Demolition of existing buildings on site and construction of a new 4 storey boarding house containing 36 rooms.

Ward:                      West Ward

Applicant:               Ekos (Kingsford) Pty Ltd

Owner:                    Ekos (Kingsford) Pty Ltd

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Background

 

The application for the demolition of all existing buildings at 65 Willis Street and 27 Meeks Street, amalgamation of both sites and construction of a new 4 storey boarding house containing 36 rooms was recommended for approval and reported to the Ordinary Council Meeting on 24 May 2016. At the meeting it was resolved:

 

“Resolution: (Matson/Shurey) that this application be deferred to invite the applicant to submit amended plans and concept designs to address the issues identified by Councillors tonight, including lack of deep soil, the external wall height issue, privacy issues and solar access.”

 

Amended Plans

 

Amended plans were submitted on 8 June 2016, which include the following changes:

 

-    Increase the deep soil area by 13.5sqm.

-    Increase the depth of the common open space by up to 1m.

-    Reduce the setback of the southern building from Bow Lane boundary from 8,080mm to 6,935mm at ground floor level and 6,170mm to 5,000mm at floors above.

-    Reconfiguration of the room layout in each building including changes to window and door openings on elevations and setback from eastern side boundary at third floor level of the southern building.

-    Increase the thickness of the brick privacy screens to the eastern side of the breezeway from 110mm to 230mm. 

-    Reduce the length of the breezeway corridors to the southern building by 1.8m at first and second floor levels.

-    Relocate the entry lobby and fire stairs of northern building by 11.4m towards northern direction.

-    Provide pebbles to the roof areas of the semi-basement garage and top of the buildings.

-    Changes to the façade treatment facing Willis Street including expressed splayed RC blades to balconies, sculptural coreten steel screens to western side of fire staircase.

-    Changes to the overall design of the mansard roof of northern and southern buildings including extension of the roof to the edge of the buildings, reduction of the floor to ceiling height of breezeway circulation to 2,400mm, removal of brick parapet walls and use of indented roof openings for windows with projected awning window hoods.

-    Provide partial solid/glass balustrading to balconies to enhance the visual interest.

-    Removal of photovoltaic solar panels on the roof area of the northern building.

 

Further, the applicant has made the following design changes to improve the solar access to the eastern adjoining building at 29 Meeks Street:

 

-    Increase the distance between buildings by shifting the southern building by 1.17m towards Bow Lane.

-    Increase the distance between buildings by providing a 63 degree splayed edge to the southern wall of the northern building.

-    Increase the distance between buildings by providing a 63 degree splayed edge to the northern wall of the southern building.

-    Relocation of the southern room (Room 306) at third floor level of the northern building to the northern side of the southern building at same level.

  

 

 

Perspective 1 – Meeks St & Willis St Perspective (original proposal)

 

 

Perspective 2 – Meeks St & Willis St Perspective (amended proposal)

 

Perspective 3 –Willis St & Bow Lane Perspective (original proposal)

 

Perspective 3 –Willis St & Bow Lane Perspective (amended proposal)

 

Key Issues

 

The following comments are provided in response to the issues identified in the Council resolution:

 

Lack of Deep Soil

 

The applicant has provided 13.5sqm of additional deep soil area along the eastern side boundary and within the common open space. The additional deep soil area will assist with stormwater infiltration, reduction of overland overflow and provide greater opportunity for growing substantial vegetation that will enhance the visual amenity of the residents of the subject and adjoining buildings. In addition, the applicant has also increased the depth of the common open space by up to 1m to further improve the usability of the area for recreational activities.  

 

External Wall Height

 

The amended proposal incorporates various changes to the overall design of the top floor level of each building including extension of the mansard roof to the edge of the buildings; reduction of the floor to ceiling height of breezeway; removal of brick parapet walls; and use of indented roof openings for windows with projected awning window hoods to reinforce the whole of the top level within a roof element. Whilst it is acknowledged that parts of the buildings remain non-compliant with the external wall height control, the revised roof form and reduction in wall heights represent a slight improvement to the previous proposal and will remain consistent with the height, bulk and scale of the predominant pattern of development within the locality.

 

Privacy

 

The amended proposal includes the provision of thicker brick screens (i.e. 230mm) to the eastern side of the breezeway to assist in improving the acoustic privacy for the eastern adjoining neighbor and the overall length of the breezeway corridor and associated privacy screening has also been reduced to further minimise the potential visual privacy impact on the eastern adjoining neighbor. 

 

Solar Access

 

The amended proposal includes various design changes including the provision of a splayed edge to the southern wall of the northern building and northern wall of the southern building; shifting the southern building further south by 1.17m; and relocation of the southern room at Level 3 of the northern building to improve solar access to the eastern adjoining building at No. 29 Meeks Street. The amended proposal represents a minor improvement and is considered to be acceptable in the circumstances of the subject site.

 

Setbacks

 

In terms of the setback to the eastern side boundary, the amended proposal remains largely the same as the original proposal except minor changes at top floor level of the southern building where the boarding rooms have been reconfigured due to splayed wall design and the relocation of a boarding room from the top floor level of the northern building.

 

The amended proposal also includes reduction of the southern boundary setback to 5m but it consistent with the DCP control for residential flat buildings within the R3 zone.

 

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

 

Should Council wish to adopt the amended scheme in preference to the original proposal, the conditions of consent in the recommendation reflect the amended scheme.

 

 

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. 795/2015 for Demolition of existing buildings on site and construction of a new 4 storey boarding house containing 36 rooms at Nos. 65 Willis Street and 27 Meeks Street, Kingsford, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

DA-002 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-003 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-004 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-005 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-007 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-150 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-151 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-152 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-170 (Issue C)

Architects Nicholas + Associated

08/06/2016

DA-171 (Issue C)

Architects Nicholas + Associated

08/06/2016

 

BASIX Certificate No.

Dated

689008M

7/12/2015

 

Amendment of Plans & Documentation

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

 

a.   All louvres on the eastern elevation at third floor level of each building shall be fixed at an upward angle of 45 degrees.

 

b.   The central common open space area located at ground floor level shall be provided with permeable deep soil area (i.e. lawn).

 

c.   Laundry facilities shall be provided within each boarding room.

 

d.   A clothes drying area shall be provided on the eastern side of the common open space area.

 

e.   The following windows must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·       Habitable room window on the eastern elevation of Room 112 at first floor level; and

·       Habitable room window on the eastern elevation of Room 212 at second floor level.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

Section 94A Development Contributions and revised Quantity Survey

5.       The applicant shall submit an amended Quantity Survey report that reflects the approved development, prepared by a Registered Quantity Surveyor. The report shall be submitted to Council for approval, prior to the issue of any construction certificate for the development.

 

In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, 1% of the development cost provided in the acknowledged Quantity Survey must be paid to Council.

 

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

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

 

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

 

Security Deposit

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

 

·           $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.

 

Tree Management – Tree Protection Measures

Trees external to the Development Site

8.       Prior to lodging a Construction Certificate the applicant must submit to Council for approval, and have approved, a detailed Tree Protection Management Plan documenting protection measures for all trees located on Council land and in proximity to eh development site. The trees to be fully protected include Trees T4, T5, T7, T9, T10, T14, T15 and T16 as referenced in the Arboricultural Impact Assessment Report submitted with the development application (Report titled Arboricultural Impact Assessment Report – Proposed Student Accommodation building, 65 Willis Street + 27 Meeks St, Kingsford, prepared by DKG Arboricultural Services and dated 17 July, 2015). The Tree Protection Management Plan must be prepared in full consultation with Council’s Landscape Development Officer (Ph. 93990613). Particular emphasis must be placed on retention of Trees T5 and T7 as they are located in close proximity to the proposed vehicular crossing. The approved report must be read in conjunction with “Table 6 Recommendations” taken from the Arboricultural Impact Assessment Report submitted with the development application. The Construction Certificate must reference the approved Tree Protection Management Plan and all works on and surrounding the development site must strictly comply with the recommendations of the approved Tree Protection Management Plan.

 

Trees within the Development Site

9.       Trees T17 and T18 as referenced in the Arboricultural Impact Assessment Report submitted with the development application must be retained and protected in conjunction with the proposed development. Prior to lodging a Construction Certificate the applicant must submit to Council for approval, and have approved, a detailed Tree Protection Management Plan documenting protection measures for these trees. The Construction Certificate must reference the approved Tree Protection Management Plan and all works within the development site must strictly comply with the recommendations of the approved Tree Protection Management Plan.

 

Electricity Substation

10.     The applicant must liaise with Ausgrid prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

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

 

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

 

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

 

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

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

 

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

 

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 & Fire Safety

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

 

13.     All new building work (including alterations, additions, fit-out work and fire safety works) are to be carried out in accordance with the relevant provisions of the Building Code of Australia (BCA) and details are to be included in the Construction Certificate, to the satisfaction of the Certifying Authority.

 

14.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements, to provide improved levels of fire and occupant safety in the building:

 

·      Fire safety and building upgrading works are to be implemented in accordance with the recommendations contained in the Building Code of Australia report prepared by the AED Group in Report No. 6131-Rev01 dated 29 October 2015.

 

15.     The building and fire safety upgrading works must be included in the Construction Certificate for the development and must be carried out prior to issuing of a final Occupation Certificate for the development.  Written correspondence must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Access & Facilities

16.     Access and/or facilities for people with disabilities must be provided to all new building work in accordance with any relevant provisions of the Building Code of Australia Disability (Access to Premises – Buildings) Standards 2010, to the satisfaction of the Certifying Authority.

 

BASIX Requirements

17.     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.

Traffic conditions

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

 

19.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate strict compliance with these requirements. Note: a maximum of 1 carspace can be nominated and designed as a small carspace.

 

20.     The intersection of Willis Street and Bow Lane (south-west corner of the site) must be fenced with a minimum 1.5 metre x 1.5 metre splay to the satisfaction of Council. Details must be submitted with the Construction Certificate.

 

Design Alignment levels

21.     The design alignment level (the finished level of concrete, paving or the like) at the Willis Street property boundary for driveways, access ramps and pathways or the like, must be determined by grading up at 2.5% above the back of the existing concrete footpath opposite at all points along the Willis Street site frontage.

 

22.     The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/kerb/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 0924.

 

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

 

        Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0924.

 

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

 

·       60mm above the edge of the asphalt road pavement opposite at all points along the Bow Lane site frontage.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/kerb/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 0924.

 

25.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $3692 calculated at $52.00 (inclusive of GST) per metre of site frontage to Willis Street. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

       

Stormwater Drainage & Flood Management

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

Internal Drainage

28.     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) directly to the kerb and gutter or drainage system located at the front of the subject site in Willis Street.

 

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

 

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

 

d)     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.

 

e)     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.

 

f)      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.

 

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

 

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

 

i)      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.

 

j)      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.

 

k)     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).

 

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

 

m)    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.

 

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

 

o)     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.

 

p)     The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design. Mulch or bark is not to be used in on-site detention areas.

 

q)     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.

 

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

 

s)      Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

                

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

 

Waste  Management

30.     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 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.

·       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.

       

31.     The garbage room shall be sized to contain a total of 20 x 240 litre bins (comprising 11 garbage bins, 7 recycle bins and 2 green waster bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate. The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

        Landscaping & Environmental amenity:

32.     Landscaping is to be provided to the site in accordance with the following requirements:

 

Detailed landscape drawings and specifications are to be submitted to and approved by the certifying authority with the construction certificate and the landscaping is required to be implemented in accordance with the approved plans and specifications. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). If Council is not the certifying authority for the development, a copy of the approved plans and specifications are to be forwarded to Council with the construction certificate.

 

The landscaping plans/specifications are required to include the following components:

 

a)     A site plan at an appropriate scale showing: existing site boundaries; existing trees within the property (clearly identified as being retained or removed); existing street trees (clearly identified as being retained or removed); features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc.); council’s footway; existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained; proposed building envelope; proposed areas of pavement; and proposed landscaped areas.

 

b)     The position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

c)      A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

d)     A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

e)     Details of planter boxes, garden beds, soil and mulch, irrigation, landscape lighting, edging, paving, fencing, surface finishes, retaining walls, site composting, vehicle wheel-stops and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

Planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

f)      Details of Tree Protection measures, including details of compliance with relevant conditions of consent.

 

g)     Position of existing and proposed site services including water, gas, electricity, sewer, stormwater and any easements etc.

 

Any required substation shall be suitably screened from view. Details of the proposed location of any substation/s including plans, elevations and proposed screening methods are to be submitted to and approved by Council prior to issuing a construction certificate.

 

h)     Elevations and sections through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

i)      An automatic irrigation system throughout all planted areas to ensure satisfactory maintenance of the landscaping. The system shall provide full coverage to all the planted areas with no overspray onto driveways and pathways. The system shall comply with all Sydney Water requirements.

 

33.     All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as required by these conditions of development consent. Details are to be included in the relevant construction certificate and landscape plans.

 

          Tree Management

34.     The applicant must meet the full cost for removal of Trees T1, T2, T3 and T19. Prior to commencing any works on the site the applicant must contact Council’s Landscape Development Officer (93990613) to obtain Council’s quotation, terms and conditions for removal of the trees. All trees must be removed by Council’s nominated contractor prior to commencing any works on the site.

 

35.     Prior to commencing any works on the site the applicant must contact Council’s Landscape Development Officer (93990613) to obtain Council’s requirements for replacement planting along the Meeks Street site frontage. Replacement planting is required to compensate fort eh loss of Tree T19. All costs associated with the supply and planting of replacement trees is to be met by the applicant. The replacement planting must occur prior the issuing of an Occupation Certificate.

 

          Tree Protection Measures

36.     Trees T4, T5, T7, T9, T10, T14, T15 and T16 as referenced in the Arboricultural Impact Assessment Report submitted with the development application (Report titled Arboricultural Impact Assessment Report – Proposed Student Accommodation building, 65 Willis Street + 27 Meeks St, Kingsford, prepared by DKG Arboricultural Services and dated 17 July, 2015) must be retained and protected during the subject works. The approved Tree Protection Management Plan must be fully complied with at all times to Council’s satisfaction. All construction certificate plans must make reference to retention of the referenced trees and the approved Tree Protection Management Plan.

 

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

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

 

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

 

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

 

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

 

c)      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

 

Demolition Work & Removal of Asbestos Materials

38.     Demolition work must be carried out in accordance with the following requirements:

 

a)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·        A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·        Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·        A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·        A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

Construction Noise & Vibration

39.     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 provisions of the Protection of the Environment Operations Act 1997 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 and Vibration Management Plan, prepared in accordance with the DECC Construction Noise Guideline, by a suitably qualified person is to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the plan must be provided to the Council and Principal Certifying Authority prior to the commencement of site works.

 

Home Building Act 1989

40.     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

41.     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 Site Management Plan

42.     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

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

 

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

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

      Details of hazardous materials (including asbestos)

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

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

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

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

      Other relevant details, measures and requirements to be implemented

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

      Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Construction Traffic Management

44.     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 Willis 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.

 

45.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to:

 

a)          commencement of any site work [or]

b)         a construction certificate being issued for the development.

 

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.

 

46.     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.

 

Civil Works

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

 

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

 

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

 

        Public Utilities

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

 

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

 

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

 

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 Inspection Requirements

50.     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.

 

Excavations & Support of Adjoining Land

51.     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.

 

52.     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 are to 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.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Permitted Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   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.

 

Construction Site Management

54.     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:

 

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

 

c)      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.

 

d)     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 Building Services section.

 

e)     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.

 

Details of the proposed sediment control measures are to be detailed in the site management plan which must be submitted to the Principal Certifying Authority and Council prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the plan is to be maintained on-site and be made available to Council officers upon request.

 

f)      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. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public. Temporary site fences are to 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. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

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

 

h)     A Road / Asset Opening application must be submitted to and be approved by 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.

 

All works within or upon the road reserve, footpath, nature strip or other public place are to be completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Site Signage

55.     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”.

 

Demolition Work Requirements

56.     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

57.     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

58.     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

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

 

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.

 

Building Encroachments

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

 

Site Seepage & Stormwater during construction

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

 

Details must include the following information:

 

·       Site plan

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

·       Volume of water to be discharged

·       Location and size of drainage pipes

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

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

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

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

·       Details of compliance with any relevant approvals and licences

 

Road/Asset Opening Permit

62.     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

63.     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.

 

64.     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.

 

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

 

Stormwater Drainage

66.     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.

 

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

 

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

 

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

 

          Tree Removal

69.     Approval is granted for the removal of only those trees located within the area occupied by the approved works, as detailed in this development consent. These trees are T6, T8, T9, T11, T12 and T13 as referenced as referenced in the Arboricultural Impact Assessment Report submitted with the development application (Report titled Arboricultural Impact Assessment Report – Proposed Student Accommodation building, 65 Willis Street + 27 Meeks St, Kingsford, prepared by DKG Arboricultural Services and dated 17 July, 2015). Requests for the removal (or pruning) of any of the remaining trees on the site are subject to separate application under Council’s Tree Preservation Order.

 

70.     The owner/applicant is required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

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

71.     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.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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 Certificate Requirements

72.     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 of the Fire Safety Certificate and Fire Safety Schedule must also be forwarded to Fire & Rescue NSW.

 

Noise Emissions - Certification

73.     Where plant and equipment is installed in the premises (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc), a written report or statement must be obtained from a suitably qualified and experienced consultant in Acoustics.

 

The report/statement must demonstrate and confirm that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report/statement must be provided to Council prior to the issue of an Occupation Certificate.

 

74.     Places of Shared Accommodation must comply with the Local Government (General) Regulation 2005 and the premises must be registered with the Council, and the approved registration/inspection fee is to be forwarded to Council prior to issuing an occupation certificate.

 

BASIX Requirements

75.     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

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

a)     Construct a full width concrete heavy duty vehicular crossing and layback at kerb in Willis Street opposite the vehicular entrance to the premises.

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

c)      Remove the existing stone kerb and stone gutter along the full Willis Street site frontage and replace it with new kerb and gutter except opposite the vehicular entrance and exit points.

d)     Carry out a full depth, minimum 1.0 metre wide, road construction in front of the new kerb and gutter along the full Willis Street site frontage.

e)     Remove the existing concrete footpath and construct a new concrete footpath along the full Willis Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

f)      Construct a full width concrete heavy duty vehicular crossing and layback at kerb in Bow Lane opposite the vehicular entrance to the premises.

g)     Construct new kerb and gutter along the Bow Lane site frontage except opposite the vehicular entrance and exit points.

h)     Carry out a full depth, minimum 1.0 metre wide, road construction in front of the new kerb and gutter along the full Bow Lane site frontage.

i)      Construct a pedestrian footpath in Willis Street opposite the pedestrian entrance.

 

77.     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.

 

78.     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.

 

79.     The naturestrip 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.

 

Service Authorities- Sydney Water Requirements

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

 

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

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

 

81.     Should a mains power distribution pole be located on the same side of the street  and within 15m of the development site, the applicant must meet the full cost for Ausgrid to relocate the existing overhead power feed from the distribution pole in the street to the development site via an underground UGOH connection.

 

Stormwater Drainage

82.     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.

 

83.     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).

 

84.     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.

 

85.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional Engineer, to the satisfaction of the Principal Certifying Authority confirming that the basement tanking/waterproofing and any sub-soil drainage systems (as applicable) have been provided in accordance with the conditions of consent and relevant Standards.

 

Landscaping

86.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

Waste Management

87.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises. The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

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

 

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

 

Operation of Premises

88.     All the items listed in the Plan of Management, titled “Annexure C Operational Plan of Management For Boarding House at 27 Meeks Street Kingsford” and dated April 2016, shall be implemented at all times.

 

The following occupancy rates shall apply to the ongoing use of the premises:

 

Room Number

Maximum occupancy

G01

One (1) occupant

G02

one (1) occupant

G03

Two (2) occupants

101

One (1) occupant

102

One (1) occupant

103

One (1) occupant

104

One (1) occupant

105

One (1) occupant

106

One (1) occupant

107

One (1) occupant

108

One (1) occupant

109

One (1) occupant

110

One (1) occupant

111

Two (2) occupants

112

One (1) occupant

201

One (1) occupant

202

One (1) occupant

203

One (1) occupant

204

One (1) occupant

205

One (1) occupant

206

One (1) occupant

207

One (1) occupant

208

One (1) occupant

209

One (1) occupant

210

One (1) occupant

211

Two (2) occupants

212

One (1) occupant

301

One (1) occupant

302

One (1) occupant

303

One (1) occupant

304

One (1) occupant

305

One (1) occupant

306

One (1) occupant

307

One (1) occupant

308

Two (2) occupants

Managers Room

One (1) occupant

Total

40 Occupants

 

The above occupancy rates and adopted Plan of Management shall be enforced by the appointed Manager at all times.

 

Any variation of the above occupancy rates or provisions detailed within the adopted Plan of Management shall be subject to Council approval.

 

89.     The car spaces within the development are for the exclusive use of the occupants of the building. The car spaces must not be leased to any person/company that is not an occupant of the building. 

 

Stormwater Detention/Infiltration  System

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

 

Residential Parking Permits

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

92.     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.

 

Fire Safety Statements

93.     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

94.     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.

 

95.     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.

 

96.     The windows and doors to internal communal areas are to remain closed except for entry and egress.

 

97.     No parties or amplified music in common open space at any time.

 

98.     The use of all outdoor areas including common open space are restricted to:

Monday- Sunday 7:00am – 9:00pm

 

99.     Any proposed 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.

 

Details of any proposed mechanical plant shall be reviewed by a suitably qualified acoustic consultant a report of compliance shall be provided to the principle certifying authority prior to a construction certificate being issued.

 

100.    All the acoustic treatments and recommendations contained in the acoustic report prepared by Acoustic Logic titled: 27 Meeks Street & 65 Willis Street Kingsford DA Acoustic Assessment dated 18.01.2016 and an amended acoustic report dated 03 March 2016 doc ref: 20160003.1/0303A/R1/JL , dated 3 March 2016 November 2015 section 3 shall be incorporated to ensure that a reasonable level of amenity is achieved.

 

101.    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.

 

102.    The plan of management titled “ Operational Plan of Management For Boarding House at 27 Meeks Street Kingsford” dated April 2016 shall be implemented at all times

 

103.    The manager of the boarding house accommodation must be a responsible person over the age of 18 years.

 

104.    The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of the manager’s name and after hours contact number.

 

105.    Each occupant shall be furnished with a set of house rules (i.e. the Plan of Management) and that no variation shall be permitted without the further approval of Council.

 

106.    The manager shall maintain a record of all residents with details of their names, length of stay & number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

107.    All residents in the boarding house accommodation are to sign a lease or licence agreeing to comply with the Plan of Management (PoM) for the boarding house, with the length of the lease to be determined by the management. 

 

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

 

109.    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.

 

110.    The individual rooms, common areas, shared facilities and yard are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

 

111.    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.

 

112.    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.

 

Waste Management

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

 

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

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

Plant & Equipment

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

 

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

 

Air Conditioners

115.    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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A3      In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

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

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

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

 

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

 

A8      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.

 

A9      Demolition work and removal of asbestos materials:

 

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

 

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

 

A10    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A11    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.

A12    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.

A13    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.

A14    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.View

Executive Report - 65 Willis Street & 27 Meeks Street, Kingsford - 24 May 2016

 

2.View

DA Compliance Report - 27 Meeks Street and 65 Willis Street, Kingsford

 

 

 

 


Executive Report - 65 Willis Street & 27 Meeks Street, Kingsford - 24 May 2016

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Director City Planning Report No. CP24/16

 

Subject:                  65 Willis Street & 27 Meeks Street, Kingsford (DA/795/2015)

Folder No:               DA/795/2015

Author:                    Christopher Gorton, Assessment Officer      

 


Proposal:                 Demolition of existing buildings on site and construction of a new 4 storey boarding house containing 36 rooms.

Ward:                      West Ward

Applicant:               Ekos (Kingsford) Pty Ltd

Owner:                    Ekos (Kingsford) Pty Ltd

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to Council based on a cost of works exceeding $2 million

 


 

1.     Proposal

 

The application as amended on 13 April 2016 is for the demolition of all existing buildings at 65 Willis Street and 27 Meeks Street, amalgamation of both sites and construction of a new 4 storey boarding house containing 36 rooms.

 

It should be noted that the proposal was subject to a pre-lodgment meeting (PL/36/2015) and advice was provided on the 14 August 2015.

 

On 13 April 2016 amended plans and shadow diagrams were received for the subject site, the amendments included removal of two rooms at ground floor level resulting in two built forms, internal changes to the layout of the proposal at all floors and reduction in maximum height.

Figure 1: Perspective of proposal

 

A breakdown of the proposal is as follows:

 

Ground Floor

·      Two built forms (one facing Meeks and Willis Street and one facing Willis Street and Bow Lane);

·      Meeks and Willis Street Building:

1 x double rooms (accessibility room)

2 x single room (one is an accessible rooms)

1 x manager room

garbage room

·      Willis Street and Bow Lane Building:

communal living room

8 car spaces

6 motorbike spaces

·      Communal private open space located centrally on the site.

 

First Floor

·      Two built forms (one facing Meeks and Willis Street and one facing Willis Street and Bow Lane);

·      Meeks and Willis Street Building:

1 x double room

4 x single rooms

·      Willis Street and Bow Lane Building:

7 x single rooms

 

 


 

Second Floor

·      Two built forms (one facing Meeks and Willis Street and one facing Willis Street and Bow Lane);

·      Meeks and Willis Street Building:

1 x double room

4 x single rooms

·      Willis Street and Bow Lane Building:

7 x single rooms

 

Third Floor

·      Two built forms (one facing Meeks and Willis Street and one facing Willis Street and Bow Lane);

·      Meeks and Willis Street Building:

1 x double room

2 x single rooms

·      Willis Street and Bow Lane Building:

5 x single rooms

 

Roof Level

·      Installation of photovoltaic solar panels on the roof of each building.

 

Other works

·      Erection of picket and sandstone fence along Willis Street Boundary;

·      Removal of trees;

·      Associated site works; and

·      New driveway and kerb crossing

 

2.     Site

 

The proposal seeks to amalgamate two sites 65 Willis Street and 27 Meeks Street, Both are regular shaped sites (rectangular in shape),as seen in figure 2 below:

 

Figure 2: Subject sites to be amalgamated

 

The site is located on the eastern side of Willis Street and the southern side of Meeks Street. The land has the following dimensions:

 

 

Boundary

Dimension

North Boundary (Meeks Street)

10.06m

South Boundary (Bow Lane)

10.06m

Eastern Boundary

70.41m

Western Boundary (Willis Street)

70.41m

 

The site is slopes to the west, towards Willis Street with a fall of approximately 800mm.

 

65 Willis Street and 27 Meeks Street are both occupied by single level dwelling houses with detached garage structures, both vehicular crossovers are off Willis Street.

 

Figure 3: Meeks Street frontage

 

Figure 4: Willis Street frontage

 

The locality is occupied by medium density housing options, comprising of multi-unit developments. To the east and south of the subject site are several Residential Flat Buildings ranging in height between 2 and 4 storeys, to the west and north of the subject site are several Residential Flat Buildings ranging in height between 3 and 4 storeys.

 

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. A total of 40 submissions were received as a result of the notification process and details are as follows:

 

1/69 Willis Street

Unknown Unit 29 Meeks Street

4/64 Willis Street

3/60 Willis Street

4/38 Meeks Street

2/41 Meeks Street

5/29 Meeks Street

5/23 Meeks Street

3/29 Meeks Street

1/42 Meeks Street

4/21 Meeks Street

1/31 Meeks Street

18/33 Meeks Street

31 Harbourne Road

20/41-41A Meeks Street

1/29 Meeks Street

4/70 Willis Street

29 Meeks Street (Body Corporate)

Unknown Unit 40 Meeks Street

3/31 Meeks Street

4/29 Meeks Street

4/44 Meeks Street

8/60 Willis Street

5/74-80 Willis Street

2/72 Willis Street

4/38 Meeks Street

3/72 Meeks Street

22 Wallace Street

3/64 Willis Street

4/64 Willis Street

4/29 Meeks Street

8/70 Willis Street

1/73 Willis Street

72 Willis Street (Body Corporate)

4/60 Willis Street

64 Willis Street (Body Corporate)

7/64 Willis Street

3/38 Meeks Street

7/23 Meeks Street

4/42 Meeks Street

 

·      In addition to the above submissions, a petition signed by 43 residents was received; and

 

·      Correspondence from Ron Hoenig (Member for Heffrom) was also received.

 

It should be noted that the amended plans received on 13th April 2016, will result in a lesser impact on the surrounding properties than the original application. As per section A3 of the RDCP 2013 – Public Notification, the amendments were not required to be re-notified and submissions received for the original application were considered in the assessment.

 

The issues raised in the submissions are summarised as follows:

 

·      Objections received having regards to lack of parking availability within the area and lack of parking provided on site.

Planners Comment

The proposal is subject to parking rates outlined within Part B7 of the RDCP 2013 and the ARHSEPP, the proposal complies with the relevant parking rates outlined for Boarding Houses under both heads of considerations. See Development Engineers Comments in compliance report for further discussion.

 

·      Proposal does not comply with the relevant controls for landscaping and deep soil area on site.

Planners Comment

See landscaping and deep soil discussion under key issues section within this report.

 

·      Concerns with regards to waste generation and lack of garbage facilities on site.

Planners Comment

Amended plans were submitted to council on 13 April 2016; the amended plans reduced the number of boarders on site and increased the size of the waste room at ground floor level. The proposal now complies with the relevant requirements outlined under the RDCP 2013. See Development Engineers Comments in compliance report for further discussion.

 

·      Concerns with regards to overshadowing on adjoining properties

Planners Comment

See Overshadowing discussion under key issues section within this report.

 

·      Concerns regarding the impact on the value of property within the area.

Planners Comment

Property values are not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 and cannot be considered as part of the assessment process.

 

·      Out of character and inconsistent with the streetscape

Planners Comment

See assessment of Clause 30A of the ARHSEPP under the key issues section within this report.

 

·      Inappropriate and inconsistent use within the zone, should not locate a commercial use within a residential area.

Planners Comment

The subject site is located within an R3 Medium Density Zone identified in the RLEP 2012. The proposed use as a boarding house is permissible with consent within the zone.

 

·      Concerns regarding the potential acoustic impacts from the proposed development

Planners Comment

An acoustic report was submitted to council and has been assessed by Council’s Environmental Health Officer. It has been determined that the proposal subject to recommendations made in the submitted acoustic report and Plan of Management (which have been included in Council’s Environmental Health Team’s conditions) complies with the relevant controls in the RDCP 2013 and will not adversely affect the amenity of the adjoining properties.

 

·      Objection to the notification period happening over the Christmas period.

Planners Comment

The proposal was notified between 25/11/2015 and 9/12/2015 in accordance with the RDCP 2013 –Public Notification. In addition the proposal was advertised in the local paper and notification signage was placed on site by Council. The notification process complies with the relevant requirements in the RDCP 2013.

 

·      Concerns regarding the location of the waste room and its affect the adjoining properties.

Planners Comment

The proposed garbage room is setback 2.2m from the side boundary and will not result in adverse effects on the adjoining properties. It is of a size that will satisfactorily serve the occupants of the proposed boarding house.

 

·      Concerns relating to potential asbestos located on site.

Planners Comment

Standard conditions relating to asbestos removal have been recommended in the development consent.

 

·      Objection to the non-compliant setbacks on site, particularly on Willis Street.

Planners Comment

See Setback discussion under key issues section within this report.

 

·      Concerns regarding potential crime resulting from the proposed Boarding House development.

Planners Comment

The proposed use is a permissible use within the R3 medium density zone. A plan of Management has been submitted with the application and is considered satisfactory for the proposal. The design of the proposal complies with relevant CPTED principles.

 

·      The proposed boarding rooms do not meet the minimum size outlined under the ARHSEPP.

Planners Comment

The ARHSEPP outlines that the minimum room size for a single lodger room is 12m² and for a double lodger room is 16m². The proposal complies with the minimum room size requirements outlined under the SEPP.

 

·      On site managers POS area and communal open space areas do not meet the minimum dimensions outlined under the ARHSEPP.

Planners Comment

Amended plans were submitted to council on 13th April 2016 which includes reconfiguration of the ground floor layout of the proposal; provision for direct access to an area of POS within the front setback area (fronting Meeks Street) from the managers room. The area meets the minimum dimension requirements under the ARHSEPP and is directly accessible and adjacent to the managers’ accommodation.

 

·      The front setback area along Meeks street has not been provided with landscaped area in accordance with the ARHSEPP.

Planners Comment

The proposal maintains a consistent front setback with the predominant setback along the Meeks Street streetscape. The treatment of this area as a landscaped space with the provision of two mature trees is also consistent with the character of the streetscape. The proposal complies with the ARHSEPP.

 

·      Boarding house will not be used as ‘Affordable Housing’.

Planners Comment

Boarding houses are a type of new affordable rental housing under the State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposal has been assessed against the relevant Clauses of the SEPP.

 

·      Incorrect information, the shadow diagrams provided are not accurate.

Planners Comment

The shadow diagrams have been amended and are considered to be accurate. See Overshadowing discussion under key issues section within this report.

 

·      No BASIX Certificate or Acoustic report was submitted with the application.

Planners Comment

A BASIX Certificate and Acoustic report were submitted to Council.

 

·      Does not comply with the RLEP 2012 controls and objectives.

Planners Comment

The proposal complies with maximum building height control outlined in the RLEP 2012. The proposal has a total floor space ratio of 1.01:1. RLEP 2012 applies a maximum FSR of 0.9:1 to the subject site. For the purpose of SEPP (Affordable Rental Housing) 2009, the proposal is also eligible for a floor space bonus of an additional 0.5:1.

 

While the proposed floor space does not comply with the LEP, the proposal sits well within the bounds of that permissible under the SEPP, which would allow up to 1.4:1 on the subject site. The SEPP being a higher order planning instrument than RLEP 2012 allows that an objection under Clause 4.6 of RLEP 2012 is not necessary in this instance.

 

It should be noted that not all proposed corridor areas have been included in the F.S.R calculations as they are open on several sides, however the additional bulk created by these access corridors has been considered as part of the application. If all these access corridors were to be included in the F.S.R Calculations the F.S.R for the site would be 1.19:1, this still significantly complies with the maximum allowable F.S.R under the ARHSEPP of 1.4:1. Notwithstanding the above, the proposal is considered acceptable having regards to the objectives of the zone, the controls objectives within the ARHSEPP and the character of the locality.

 

The objectives of the R3 medium density zone are as follows:

 

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

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

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

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

•      To protect the amenity of residents.

•      To encourage housing affordability.

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

 

The proposed boarding house provides for housing needs within the medium density environment, is consistent with the streetscape having regards to built form and will not result in significant adverse impacts on the amenity of the adjoining properties. See further discussions under key issues section of report.

 

·      Notification signs on site were not visible.

Planners Comment

Notification signage was placed on site by Council in accordance with the relevant requirements under the RDCP 2013.On 1st December 2015, Council were notified by a member of the public that the signs were no longer on display at the subject site. In response, two new signs were re-erected at the site in a prominent location on both the Meeks and Willis Street frontages.

 

·      Subject site is not accessible to public transport

Planners Comment

Accessible area as defined under the SEPP (Affordable Rental Housing) 2009, means land that is within 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

 

The subject site is located approximately 370m from high frequency bus stops along Anzac Parade in a westerly direction which is consistent with the definition of accessible area.

 

·      No Laundry Facilities have been provided.

Planners Comment

Laundry facilities are provided within each room; this has been confirmed by way of correspondence with the applicant and will be enforced by way of a recommended condition.

 

·      Concerns are raised with regards to fire safety of the occupants.

Planners Comment

The proposal will have to comply with the relevant requirements for fire safety under the BCA. Standard conditions have been recommended in the development consent.

 

·      Objection to trees being removed along Willis Street.

Planners Comment

Council’s Landscape Officer has outlined tree removal proposed on site. It should be noted that the majority of trees proposed to be removed are on the subject site and only two trees T9 and T19 which are located on Council’s reserve are proposed to be removed, Council’s Landscape Officer has granted approval for this via way of recommended condition.

 

·      Drainage concerns are raised for the site.

Planners Comment

Council’s Engineers have assessed the submitted storm water management plans; conditions have been recommended as part of the Engineer’s referral and have been included in the development consent.

 

·      Number of potential boarders on site will not be able to be controlled.

Planners Comment

The application has outlined that the proposal will have 1 manager, 4 double room and 31 single rooms. This will be enforced by conditions within the development consent.

 

·      Disabled access inadequate for the site.

Planners Comment

Two accessible rooms have been provided at ground floor level. In addition Council’s BCA Team has recommended relevant conditions relating to disabled access for the site. The proposal is considered to provide adequate disabled access

 

·      Concerns relating to the potential construction noise.

Planners Comment

Standard construction conditions relating to construction noise and construction hours have been recommended in this report.

 

·      Objection to the removal of the Heritage listing at No. 65 Willis Street.

Planners Comment

The subject dwelling at No. 65 Willis Street is a Californian Bungalow Cottage which was listed on the Heritage Inventory Sheet in 1989 (Randwick Heritage Study 1989). However as a result of alterations to the property since its listing in 1989, the building was removed from the Heritage Inventory Sheet.

 

·      Objection to the potential adverse impacts on the visual amenity of the adjoining property at No. 29 Meeks Street.

Planners Comment

It should be noted that the subject site is currently one of the few undeveloped sites within the immediate area.

 

The proposed development complies with the maximum building height allowable on the site under the RLEP 2012 and for the most part complies with the maximum external wall height on the eastern elevation. It is acknowledged that there are particular areas that are non-compliant with the external wall height control (400mm in excess).

 

It is considered that the proposed built form is commensurate to the development potential of the site and does not result in a development that will adversely affect the visual amenity of No. 29 Meeks Street or appear as visually bulky. The proposal has a modulated and articulated built form with the setbacks from the eastern side boundary ranging from nil to 1350mm at ground floor level; 1350mm – 2200mm at first and second floor level; 2200mm – 5345mm at third floor level. The staggered appearance helps to break up the visual bulk and soften the appearance of the building from the street and adjoining properties.

 

There are no significant views obtainable from the adjoining properties, it is however acknowledged that there is an outlook of the roofs of other houses from the adjoining property at No. 29 Meeks Street which will be affected by the development. This outlook is achieved over the single storey dwellings on the subject site and will be impacted by any compliant development on site of 2 or more storeys in height.

 

The proposal is considered to be acceptable for the site and complies with the relevant objectives for the zone.

 

4.     Key Issues

 

4.1   State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Assessment of Clause 30A- Character of the local area

 

Character of the local area

The consent authority is required to take into consideration whether the design of the development is compatible with the character of the local area.

 

Context:

The site sits on a corner allotment, with 3 street frontages (Corner of Meeks Street, Willis Street and Bow Lane). The site is located within an established residential block bound by Meeks Street, Willis Street and Bow Lane and Kennedy Street.

 

The site is zoned R3- Medium Density residential. The urban block in which the subject site sits is predominately made up of 2, 3 and 4 storey Residential Flat Buildings, with the existing site accommodating two single storey dwelling houses.

 

The subject site sits centrally within the R3 zoned area.

 

Zoning context

 

 

 

When viewed from the corner of Meeks Street and Willis Street, development within the immediate visual catchment of the subject site is characterised by a mixture of 2, 3 and 4 storey residential flat buildings. The intersection of Meeks and Willis street comprises of 4 corner developments; the subject site on the south-eastern corner is a single storey dwelling house, the south-western corner is a 3 storey residential flat building; the north-west and north east are both comprised of 4 storey residential flat buildings.

 

Meeks and Willis Street accommodate one lane of traffic in either direction with parallel parking on both sides of the streets.

 

Anzac Parade is located approximately 350 metres walking distance to the west of the subject site with UNSW (Barker Street) located approximately 375m to the north, both are well serviced by public transport.

 

Compatibility of built form:

The proposed development is of 4 storey scale and is considered to comprise a bulk and scale appropriate to that existing within the visual catchment and immediate vicinity of the site.

 

The scale of the surrounding area is as follows: To the north there is a 3 and 4 storey scale fronting Willis Street; to the west there is a 3 and 4 storey scale which transitions down to 2 storey developments fronting Meeks Street; to the south there are 2 and 3 storey developments along Willis Street, this transitions to a few 4 storey developments towards the Rainbow Street intersection; and to the east the scale is predominantly 2 to 4 storeys. The proposed development sits suitably within the medium density zone and remains consistent with the scale within the immediate area. The proposal will not adversely affect the streetscape character.

 

The floor area of the proposal has been effectively distributed across the site in two built forms (which assists in breaking up the building bulk). Appropriate design and landscaping measures have been employed to minimise bulk, shadow and privacy issues, while still contributing a strong element within the corner allotment. The proposal utilises the large street verge to assist in softening its appearance along Willis Street. It is considered the proposal has an effective balance of density and distribution of built form across the site that is consistent with the surrounding streetscape.

 

Compatibility of use:

The bulk of the building supports a reasonable intensity of residential use and remains within the scope of a boarding house, notably for the purpose of SEPP (Affordable Rental Housing) 2009. Critically, the increase in intensity posed by the development is well supported by public transport options and local services which are 400 metres from UNSW to the north and Anzac Parade to the west.

 

Effective measures in relation to operation and management of the boarding house have been outlined in a Plan of Management. These measures are recommended for enforcement by way of condition of consent, ensuring the development poses minimal detrimental amenity impact to adjoining residents and integrates effectively into the prevailing character of the locality.

 

It is considered that through conditions, the proposal provides both a built form and operational outcome consistent with surrounding character, minimising detrimental impacts upon adjoining sites, while providing contemporary affordable housing to the community.

 

Consistency with the objectives of the Residential R3 zone;

The proposal is consistent with the objectives of the zone, established in part to preserve character. The development will provide for and encourage affordable housing options and variety in housing type, in a form consistent with that expected in a medium density residential environment. The proposed building remains consistent with the surrounding streetscape and with the character within the existing medium density residential context. The proposal provides a modern design maintaining and enhancing desirable attributes of built form. The proposal incorporates a Plan of Management, detailing ongoing commitment to reduce impacts upon and protect the amenity of existing residents. The Plan of Management is recommended to be tied to any consent issued by way of appropriate condition.

 

The proposal is considered to meet the relevant objectives outlined in the RLEP 2012 for the R3 Medium Density Zone.

 

4.2   Private Open Space and Deep Soil

Whilst the DCP does not contain specific controls in relation to private open space and deep soil requirements for boarding houses, the objectives and controls from C2 - Medium Density Residential development provide a suitable guide in this regard.

 

·          Part C2, Section 2.2.1 of the RDCP 2013 states that a minimum of 50% of the site area is to be landscaped open space.

 

·          Part C2, Section 2.2.2 of the RDCP 2013 states that a minimum of 25% of the site area should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting.

 

The subject proposal (as amended) provides 17% of the site as deep soil permeable area; this calculation includes the common open space located centrally on the site. The finish of this landscaped common open space area has not been annotated on the plans and as such a condition has been recommended in the development consent requiring the communal open space area to be provided with deep soil permeable treatment.

 

Whilst it is acknowledged that the proposal falls short of the 25% outlined within the RDCP 2013, it is considered that the provided area complies with the relevant objectives of both the Affordable Rental Housing SEPP (2009) and the RDCP 2013 and provides sufficient landscaped space for recreational activities and improves storm water infiltration.

 

The proposal provides 34% of the site as landscaped area, again whilst the proposal does not comply with the RDCP 2013 numerical control the proposal complies with the relevant objectives. In addition to the above the proposed development provides both landscaped area and deep soil area above and beyond what is present on the adjoining properties; the proposal is consistent with the adjoining properties within the streetscape.

 

The proposed development is considered to meet the relevant objectives in the RDCP 2013 and Affordable Rental Housing SEPP (2009).

 

4.3   Setbacks

Objectives

·      To define the street edge and establish or maintain consistent rhythm of street setbacks and front gardens that contributes to the local character.

 

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

 

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

 

Council’s DCP does not identify any setback controls specifically for boarding house development. The objectives and controls from C2 - Medium Density Residential development have been employed as a guide in this assessment.

 

Front Setbacks

The subject site sits on a corner allotment, bounded by Bow Lane to the south, Willis Street to the west and Meeks Street to the north. The front setback area fronting Meeks Street is 6.09m and has been provided with landscaped courtyard areas and retention of two mature trees. The front setback area is consistent with the streetscape along the southern side of Meeks street.

 

The Affordable Rental Housing SEPP states that the landscape treatment of the front setback area is to be compatible with the streetscape in which the building is located.

 

Figure 5: Front Setback area along Meeks Street

 

Figure 5 above shows the visual catchment along the southern side of Meeks Street, the proposed landscaped courtyard which maintains an identical setback to the adjoining property at No. 29 Meeks Street, will be consistent with the predominant landscape treatment within the streetscape.

 

It should be noted that the subject site’s secondary street frontage occupies the entire western boundary of the urban block in which it is located. The secondary street frontage for the site fronting Willis Street (western boundary), has been provided with a staggered setback, ranging from a nil setback (for the majority of the development) to a 1m setback towards Meeks Street. There is a staggered front setback pattern along the eastern side of Willis Street ranging from:

 

·          55-57 Middle Street (Corner of Middle and Willis Street – secondary street frontage) = Nil Setback of basement garage associated retaining wall, 1.5m setback for elevated ground and first floor level.

·          34 Meeks Street (Corner of Meeks and Willis Street – secondary street frontage) =      1.5m setback

·          67 – 79 Willis Street (Primary street frontage) = 5m – 6m setback approximately

 

The subject site benefits from a large council street verge on Willis Street measuring approximately 7.6m depth which is assists in softening up the appearance of the development within the visual catchment.

 

The subject site is a narrow block (10.06m) and the nil setbacks to the Willis Street frontage assist in providing adequate building separation from the eastern boundary, reducing the visual bulk and potential amenity impacts on the adjoining property at No. 29 Meeks Street. It is considered that the proposed nil setback along Willis Street is acceptable in that it ensures adequate separation between buildings for visual and acoustic privacy, solar access and air circulation; provides sufficient contiguous areas for use as communal open space and landscaped area on site; and will not result in any adverse visual impacts on the character of the streetscape.

 

The proposed development is considered to meet the relevant objectives in the RDCP 2013 and will not adversely affect the amenity of the adjoining properties or the streetscape.

 

 

Side Setbacks

The subject site has a frontage width of 10.06m, Part C2 of the RDCP 2013 states the following:

 

 

Using the RDCP 2013 as a guide, the subject site is subject to a merit based assessment with regards to side setbacks. The proposal provides staggered side setbacks along the eastern boundary at all levels, the provided side setbacks are as follows:

 

Ground Floor:

·      Southern built form – Garage has a nil side setback, the remainder of the built form has a 2.2m side setback

·      Northern built form – 1.53m to 3.6m

 

First and Second Floors:

·      Southern built form – 2.2m

·      Northern built form – 1.35m to 3.4m

 

Third Floor:

·      Southern built form – 2.2m to 5.345m

·      Northern built form – 3.945m to 4.88m

 

The provided side setbacks are considered acceptable for the site; for the most part they exceed that required for a site with a frontage width over 12m and provide sufficient building separation between the adjoining blocks.

 

The car parking area within the southern built form which has a nil side setback is immediately opposite the car parking area and rear unit of the adjoining property. In addition it is in a similar location as the existing residence on site (which has a 500mm side setback). The roof of this car parking area on the subject site has an RL of RL40.90 which sits below the ground floor finished floor level of the adjoining property which is RL40.94; as such the nil setbacks will not result in adverse visual bulk.

 

It is considered that the proposed side setbacks from No. 29 Meeks Street are acceptable they provide sufficient building separation to protect the amenity of the adjoining property are consistent with the character of the streetscape and provide modulation within the building façade which assists in softening the visual appearance from the adjoining properties and the streetscape.

 

The proposed development is considered to meet the relevant objectives in the RDCP 2013 and will not adversely affect the amenity of the adjoining properties or the streetscape.

 

Rear Setback

As stated previously the subject site has rear lane access in the form of Bow Lane, the RDCP 2013 states that a minimum rear setback of 15% of allotment depth or 5m, whichever is the greater should be provided. Notwithstanding this the RDCP 2013 also states that this may be varied when an allotment has rear laneway access and when a central courtyard is provided within the development.

 

The proposal provides a 6.28m rear setback from Bow Lane which is 4.28m short of the required 15%. However as stated previously the proposal does have access to a rear laneway and provides a central courtyard within the site breaking up the development into two built forms. It should also be noted that there is no predominant rear setback along Bow lane.

 

The proposed rear setback to Bow Lane is considered to be acceptable and will not result in any adverse impacts on the laneway character or the adjoining properties.

 

The proposal meets the relevant objectives and controls in the RDCP 2013.

 

4.4   External Wall Height

The RDCP 2013 states that where the site is subject to a 12m building height limit under the LEP, a maximum external wall height of 10.5m applies. Whilst the DCP does not contain specific controls in relation to external wall height for boarding houses, the above control from C2 - Medium Density Residential development provide a suitable guide in this regard.

 

The proposal for the most part is compliant with the maximum external wall height of 10.5m on the eastern elevation (as seen below in figure 6). There are however some localised areas of non-compliance.

 

Figure 6: Green area shows non-compliance, Red line shows 10.5m wall height

 

As seen above, there are only small areas of non-compliance (maximum 400mm) with regards to the external wall height which result from the fall in topography towards Willis Street. It should be noted however, that the area of the top floor where the non-compliance occurs is stepped in further from the floor below (2nd floor) resulting in a 3.945m to 5.345m setback from the eastern boundary.

 

The area of non-compliance will be indiscernible and will not result in any significant additional amenity impacts on the adjoining properties with regards to overshadowing or visual bulk compared to development compliant with the external wall height control.

 

As stated previously the subject site slopes from east to west and as a result the proposal results in a non-compliance with the external wall height on the western elevation fronting Willis Street. Figure 7 below outlines the area of non-compliance

 

Figure 7: Green area shows non-compliance, Red line shows 10.5m wall height

 

As seen above the maximum non-compliance on the western elevation with the external wall height control is 1.2m, the proposal still wholly complies with the RLEP 2012 maximum building height control. The top floor where the non-compliance occurs is housed within a mansard style roof form, the entire western elevation has been articulated and modulated breaking up the built form of the development as perceived along Willis Street softening its built form within the visual catchment.

 

The non-compliant external wall height on the western elevation will not result in significant increase in overshadowing and privacy on the adjoining properties as it is setback from the front boundary of the properties on the western side of Willis Street by approximately 25m.

 

The 4 storey scale that results from the mansard roof form still remains consistent with development within the immediate vicinity, some of which comprises of a 4 storey residential flat buildings with a pitched roof form on top. It should be noted that the proposal provides sufficient floor to ceiling heights for all levels.

 

The proposal is considered to meet the relevant objectives within the RDCP 2013 and RLEP 2012 and will not result in any adverse impacts on the adjoining properties and streetscape character.

 

4.5   Overshadowing

Whilst the DCP does not contain specific controls in relation to solar access and overshadowing impacts for boarding houses, the objectives and controls from C2 - Medium Density Residential development provide a suitable guide in this regard.

 

The RDCP 2013 states that Living areas of neighbouring dwellings and at least 50% of the landscaped areas of neighbouring dwellings must receive a minimum must receive a minimum of 3 hours access to direct sunlight to between 8am and 4pm on 21 June.

 

Properties to the west will not be significant affected by additional overshadowing as a result of the 25m – 30m building separation, with the majority of additional overshadowing falling over Willis Street. Properties to the south will be overshadowed during the middle of the day, but will still receive the required solar access in the morning and afternoon periods.

 

Properties to the east will be overshadowed in the afternoon period from just after 1pm. First floor apartments will maintain solar access till approximately 2.30pm; ground floor apartments will maintain solar access until just after 1pm.

 

It should be noted that 29 Meeks Street is made up of 8 apartments, 4 at ground floor level and four at first floor level, the front and rear apartments all have three aspects, with bedrooms located on the eastern elevation and kitchen and living areas on the western elevation. The 4 middle apartments have dual aspects (eastern and western), with bedrooms and kitchens located on the eastern elevation and living areas on the western elevation. As a result of the narrow subdivision pattern and site orientation (north to south), residential flat buildings along Meeks Street are overshadowed by their eastern adjoining neighbours in the morning and their western adjoining neighbours in the afternoon. The site at 29 Meeks Street is no different, it is overshadowed in the morning by 31 Meeks Street, however currently enjoys afternoon solar access to the western elevation over the undeveloped single storey dwellings at 27 Meeks and 65 Willis Street.

 

It is acknowledged that the proposal does not achieve strict compliance in relation to providing 3 hours direct solar access to the all living areas of No. 29 Meeks Street. The two apartments fronting Meeks street will still maintain direct solar access during the middle of the day and will retain compliance. The first floor apartments will receive approximately 2 and half hours direct solar access (minor non-compliance); the ground floor apartments however will only receive 1 hour direct solar access.

 

Notwithstanding the departure from the relevant numerical controls, the proposed impacts are considered acceptable in the circumstances for the following reasons:

 

·      The north south orientation of the site at 27 Meeks and 65 Willis Street in addition to the construction of any fully compliant development will result in unavoidable overshadowing in the afternoon period to the western elevation of 29 Meeks Street, especially to the ground floor apartments.

·      As discussed previously the eastern elevation of the proposed development complies with the relevant controls in the RLEP 2012 and RDCP 2013 except for a minor non-compliance (400mm) with external wall height. It should be noted that the additional overshadowing caused by these areas of non-compliance are indiscernible.

·      The split built form design allows for increased solar access to several windows and balconies (seen in Figure 8 below, ‘Elevation B’) from 2pm through to 4pm on two of the central units at ground and first floor level.

·      The proposed development is well under the allowable FSR control of 1.4:1 prescribed under the SEPP (Affordable Rental Housing) 2009 and generally satisfies the requirements of Council’s DCP controls. The proposal is indicative of an acceptable form of development on the site that is compatible with surrounding development and the local character of the area.

·      The proposal provides side setbacks in excess of what would be required for a property with a 12m – 14m frontage. The proposal complies with the maximum building height control over the whole site and concentrates the high side of the proposed development to the western boundary to improve solar access and reduce visual bulk to the eastern adjoining neighbours.

 

 

Figure 8: Overshadowing to the western elevation of 29 Meeks Street

 

The overshadowing impacts resulting from the proposed development are considered to be acceptable in the circumstances of the subject site.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and does not result in any significant or unreasonable adverse impacts upon the surrounding locality. The proposal remains within the bounds of the applicable State and Local planning framework.

 

The application is recommended for approval, subject to the standard and non-standard conditions outlined in this report and the attached Compliance Report. 

 


 

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. 795/2015 for Demolition of existing buildings on site and construction of a new 4 storey boarding house containing 36 rooms, at No. 65 Willis Street and 27 Meeks Street, Kingsford, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

a.     All louvres on the eastern elevation at third floor level shall be fixed at an upward angle of 45 degrees.

 

b.     The central common open space area located at ground floor level shall be replaced with permeable deep soil area (i.e. lawn).

 

c.      Laundry facilities shall be provided within each boarding room.

 

d.     A clothes drying area shall be provided on the eastern side of the common open space area.

 

e.     The picket fence along the western edge of the common open space area (fronting Willis Street) at ground floor level shall be a maximum height of 1.2m and be designed so that the fence (excluding any piers or posts) is at least 30% open.

 

f.      The following windows must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·          Habitable room window on the eastern elevation of Room 112 at first               floor level; and

·          Habitable room window on the eastern elevation of Room 212 at                     second floor level

 

Operation of Premises

87.    All the items listed in the Plan of Management, titled “Annexure C Operational Plan of Management For Boarding House at 27 Meeks Street Kingsford” and dated April 2016, shall be implemented at all times.

 

The following occupancy rates shall apply to the ongoing use of the premises:

 

 

Room Number

Maximum occupancy

G01

One (1) occupant

G02

one (1) occupant

G03

Two (2) occupants

101

One (1) occupant

102

One (1) occupant

103

One (1) occupant

104

One (1) occupant

105

One (1) occupant

106

One (1) occupant

107

One (1) occupant

108

One (1) occupant

109

One (1) occupant

110

One (1) occupant

111

Two (2) occupants

112

One (1) occupant

201

One (1) occupant

202

One (1) occupant

203

One (1) occupant

204

One (1) occupant

205

One (1) occupant

206

One (1) occupant

207

One (1) occupant

208

One (1) occupant

209

One (1) occupant

210

One (1) occupant

211

Two (2) occupants

212

One (1) occupant

301

One (1) occupant

302

One (1) occupant

303

One (1) occupant

304

One (1) occupant

305

One (1) occupant

306

One (1) occupant

307

One (1) occupant

308

Two (2) occupants

Managers Room

One (1) occupant

Total

40 Occupants

 

The above occupancy rates and adopted Plan of Management shall be enforced by the appointed Manager at all times.

 

Any variation of the above occupancy rates or provisions detailed within the adopted Plan of Management shall be subject to Council approval.

 


 

 

 

Attachment/s:

 

1.

DA Compliance Report Meeks St & 65 Willis St, Kingsford

Included under separate cover

 

 


DA Compliance Report - 27 Meeks Street and 65 Willis Street, Kingsford

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/795/2015

PROPERTY:     

 

27 Meeks St & 65 Willis St, KINGSFORD  NSW  2032

Proposal:

Demolition of existing buildings and construction of a new 4 storey boarding house containing 36 rooms.

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.      SEPPs

 

·      State Environmental Planning Policy 55 - Remediation of Land

State Environmental Planning Policy No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

The subject site has been continuously used for residential purposes since the 1930s. There is no known previous industrial usage on the site, which would potentially contribute to land contamination. Accordingly, no contamination report is required in this instance.

 

·      State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

The development application is accompanied by a BASIX Certificate. The commitments listed on the BASIX Certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

·      State Environmental Planning Policy 65 –Design Quality of Residential Apartment Development

Council’s Design Review Panel provided comments on the application in accordance with SEPP 65. The comments are as follows:

 

PANEL COMMENTS

The proposal is to demolish two existing houses with side boundaries along Willis Street between Meeks Street and Bow Lane and to construct a building for student accommodation containing 37 student rooms, a managers unit and communal facilities.

 

The site is close to the UNSW and a sound location for student accommodation.

 

The Panel reviewed a Preliminary DA for the proposal in August 2015 and is familiar with the site.  Content from the Panel’s previous report is printed here in italics.

 

Specific recommendations are identified with ***.

 

Principle 1: Context and Neighbourhood Character

“The west facing steeply sloping locality is characterized by apartment buildings of varying heights.  Buildings in the subject street block are located on deep narrow sites with boundaries that follow the North-South contour and are served by a lane at their southern end.  The proposed building would not be out of character in this setting.

 

Willis Street between Meeks Street and Bow Lane includes an eight metre wide grassed verge containing 7 or 8 mature trees, which benefit the subject site and, to some extent, the residents of Brival Court to the east of the subject site.”

 

Principle 2: Built Form and Scale

“The proposed building mostly complies with the 12m height limit set out in the RDCP and would be in scale with its neighbourhood.”

However it does not comply with the maximum external wall height of 10.5m set out in the RDCP. 

“Its immediate neighbour to the east (Brival Court), which is only two storey’s high would experience increased overshadowing as a result of the proposed development and, as has been shown on the shadow diagrams submitted, a considerable loss of direct solar access and some view loss.”

From the information provided in the application, the exact extent of shadow onto what windows of and the exact view losses to Brival Court that would be caused by those parts of the proposal that exceed permissible height limits is unclear to the Panel. 

*** It is therefore recommended that to enable a proper assessment to be made, precise information on these issues needs to be provided by the applicant.  Reconsidering the roof level and tapering the eastern side rather than the west should serve to reduce overshadowing.

 

Areas of deep soil and landscaping, the area of the communal living room, the absence of any Manager’s POS and the size of the proposed parking spaces and refuse bin numbers are all deficient.  The Panel suggests that the applicant investigate using the area in the centre of the site, at present occupied by one floor of accommodation, be used to overcome this deficiency.  However this will not solve all of the above issues, and given that the eastern setback requirements are not being met the Panel suggests that the applicant seeks Council’s recommendations.  Generally a lack of deep soil can be an indicator of overdevelopment. However there is an unusually wide landscaped road reserve.  The enclosed car parking, roofed and built to the boundary is not supported by the Panel***

 

Where 3 floors are connected to the ground the egress stairs can generally be open.  The hold-open fire doors may not be required.  However if they are they should be clearly noted as hold-open doors.

 

Planners Comment

The amended proposal fully complies with the 12m height control outlined for the subject site under the RLEP 2012. The proposal is mostly compliant with the external wall height control on the eastern elevation with a maximum non-compliance of 400mm, the proposal however exceeds the maximum permissible wall height on the western elevation (fronting Willis Street) this is a direct result of the topography of the site (see discussion on external wall height within main report).

 

Amended plans have provided a central communal courtyard, enlarged bin room, increased managers POS and deletion of the single storey central portion of the development in accordance with the DRP comments.

 

The car parking area is located at a semi-basement level and as such only results in a minor protrusion above ground level on the eastern side boundary. The area of car parking with a nil setback is immediately opposite car parking areas for the adjoining property and in a similar location to the existing dwelling wall built 500mm from the boundary. In addition to the above, the roof of this car park area has an RL of RL40.90 which sits below the ground floor finished floor level of the adjoining property which is RL40.94; as such the nil setback will not result in adverse visual bulk. The parking area is considered acceptable.

 

Principle 3: Density

“The Panel understands that the proposal complies with the permitted density, which includes the bonus for affordable housing under that SEPP.”

 

Principle 4: Sustainability

The Panel’s Pre DA report noted the following:

 

“Most north and west facing windows are solar protected by balconies, however those that are not, need to be. ***

 

Ceiling fans should be provided in all habitable rooms and shown on the drawings.  These are now shown on the typical floor plans only.  A note should be added that all rooms will have ceiling fans.

 

The site is well located to house PV panels to run common area lighting and provide for other energy needs.   These should be provided ***.

 

Secure window opening design and specifications, that permit cross-ventilation should be noted on the drawings.  High level windows to the circulation balcony should be shown on the plans, sections and elevations and any possible additional windows should be investigated.  There are a number of blank walls (east elevation in particular) that could provide more ventilation and light opportunities. *** This has not been satisfactorily done.  Window operation should be shown on the elevations.  Areas of fixed glass are not considered a good solution.  Weather and sun protection should be provided to windows and doors.  The large sliding doors in the roof level are particularly exposed.

 

A storm-water retention tank is required and suitable landscape watering arrangements installed.  ***

 

Clothes lines should also be provided, perhaps at roof level or screened on each balcony”  ***

 

*** The above issues (except where noted) are still to be attended to by the applicant.

 

Planners Comment

It should be noted that ceiling fans have been indicated on the amended plans and are shown in all rooms. PV panels have been provided. The eastern wall has been broken up by change in materials and articulation, the opportunities for windows is limited by the access hallway and the potential privacy impacts that may result from any new window openings.

 

A condition has been recommended in the development consent to provide clothes drying areas within the communal space area.

 

Principle 5: Landscape

A detailed arborist report, submitted by the applicant, describes 19 potentially affected trees on the site and adjacent council land.  In schedules that should form part of the building approval, there are recommendations for the retention, care and protection of 10 of these and the removal of 9, most of which are immature.

There are however no proposals for further planting.  

***  It is the Panel’s opinion that a tree that would achieve medium height should be established within the proposed open car park area at the southern end of the site and that there be supplementary planting within the public domain adjacent to this part of the site (to be agreed with Council.

 

Planners Comment

The amended plans indicated that there is a tree located within the open car park on the eastern side that is to be retained; this will assist in softening the appearance of the development to the laneway.

 

Principle 6: Amenity

“Planning is generally sensible and the proposal should offer a comfortable living environment.  However the rooms are small and it is suggested that a minor change to the location of the entry door to them could allow for a much longer run of shelving, bench or cupboard. The bathrooms could also be made more compact to benefit the rooms and storage.”

This has been done.  Room dimensions should be provided.

“Considerable work needs to be done on the detailed design of all open-able windows and doors, in order to provide the future residents with good ventilation options while allowing security”.   

**** Further clarification is still required.

Solid balcony handrails provide good privacy to balconies however an option for a handrail on top will allow the solid areas to be lowered slightly which will increase light and ventilation.

**** Balustrades now appear to be solid, however the drawings are ambiguous and this needs to be clarified - see below.

It has not been sufficiently demonstrated that light spill and noise issues from the entry balconies have been resolved.  The eastern neighbour has balconies and windows facing directly into this proposed development.

 

Planners Comment

Boarding rooms comply with the SEPP requirements for minimum sizes. The hallways entering the proposed development have been provided with brick screens to alleviate possible acoustic impacts and light spillage, as well as reduce overlooking potential. A standard condition requiring that light spillage not occur has been included in the development consent. In addition to the above an acoustic report has been submitted and appropriate conditions have been recommended by Council’s Environmental Health Officer in the development consent of any approved development.

 

Principle 7: Safety

“The Panel understands that BCA and Access assessments have yet to be undertaken and that this may result in changes to the access stair arrangement and protection of openings along the eastern side.”

*** It is unclear if this has been carried out.

 

Planners Comment

A BCA compliance report was completed and submitted to council.

 

Principle 8: Housing Diversity and Social interaction

Close to University, hospital and good services, this is a good location for the type of housing proposed.

 

Principle 9: Aesthetics

The proposal’s massing and articulation provide a good starting point. If well detailed, should result in a sound well-designed building. 

The proposed built form is well resolved.

 

1:50 scale cross section drawings indicating how the building would be constructed, showing all materials and colours, should be included with the DA.”

*** This is still to be provided.

 

SUMMARY AND RECOMMENDATIONS

It is the Panel’s opinion that the scheme could be developed into a satisfactory proposal; however there are a number of issues that need to be resolved and further information to be provided by the applicant.

 

The Panel looks forward to reviewing it again after the issues raised here have been addressed in consultation with Council.

 

Planners Comment

It is considered that the appropriate issues have been satisfactorily addressed by amended plans submitted to council for consideration; any areas of non-compliance have been discussed in the main report and appropriate conditions have been recommended. The proposal is considered to be acceptable having regard to the DRP comments and SEPP 65.

 

·      State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Division 3: Boarding houses

The subject application is made pursuant to the SEPP (Affordable Rental Housing) 2009 and requires assessment under Clause 29 – Standards that cannot be used to refuse consent and Clause 30 Standards for boarding houses. The following tables outline the assessment:

 

Assessment of Clause 29 – Standards that cannot be used to refuse consent

Standard

Assessment

(1)     Floor Space

 

The density and scale of the buildings when expressed as a floor space ratio are not more than:

 

(a)  the existing maximum floor space ratio for any form of residential accommodation permitted on the land, or

 

(c)  if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:

 

(i)       0.5:1, if the existing maximum floor space ratio is 2.5:1 or less.

 

 

 

The controls of RLEP 2012 identify a maximum FSR of 0.9:1 on this site. A gross floor area of 1.01:1 is proposed.

 

The subject land, being located in the R3 zone, is permitted for development of residential flat buildings. There are no heritage classifications applicable to the subject site or those adjoining.

 

The floor space control on the site being less than 2.5:1, the development is eligible for a bonus of 0.5:1, additional to that of the 0.9:1 control.

 

The proposal seeks to make use of the subject bonus and complies with the maximum 1.4:1 F.S.R on site (subject to bonus).

(2)     Building height

 

Building height if all proposed buildings comply with the maximum building height under another environmental planning instrument for any building on the land (that is, 12m building height).

 

 

 

Complies.

 

(3)     Landscaped area

 

Landscape treatment if the front setback area is compatible with the streetscape in which the building is located.

 

 

Landscape treatment provided along Meeks Street, and within a central courtyard area. The proposal provides a nil setback along Willis Street and makes use of the large council verge for landscape treatment – See discussion in main report.

 

(4)       Solar access

 

Where the development provides for one (1) or more communal living rooms, if at least one (1) of those rooms receives a minimum of three (3) hours direct sunlight between 9am and 3pm in mid-winter.

 

 

The communal living area is located in the northern end of the southern built form of the development. It will receive a minimum of 3 hours direct sunlight throughout the day. Complies.

 

(5)     Private open space

 

If at least the following private open space areas are provided (other than the front setback area):

 

(i) one (1) area of at least 20 square metres with a minimum dimension of three (3) metres is provided for the use of the lodgers;

 

(ii) if accommodation is provided on site for a boarding house manager - one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation.

 

 

(i) Open space for lodgers:

The proposal is on a corner allotment and provides communal open space within a central courtyard area. The communal area meets the minimum dimension requirements.

 

ii) An onsite manager is required, and has been provided. The proposal provides a terrace area for the manager which meets the minimum dimension requirements and is provided fronting Meeks Street. - Complies.

(6)     Parking

 

If:

(i) in the case of development in an accessible area—at least 0.2 parking spaces are provided for each boarding room.

 

 

The proposal is located within an accessible area complies with the relevant parking rates. See discussion by Council’s Development Engineer, below.

Accessible area

The SEPP (Affordable Rental Housing) 2009, provides for parking minimums on the basis of accessibility. The SEPP provides the following definition of accessible area:

 

accessible area means land that is within:

 

(a)  800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b)  400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c)  400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

 

The Passenger Transport Act 1990 provides the following definition of ‘regular bus service’:

 

regular bus service means any regular passenger service conducted by bus (including any transitway service).

 

The subject site is located approximately 370m metres from Anzac Parade to the west. There are several major bus routes/stops located along Anzac Parade, all within walking distance of the site. Most of these stops service UNSW and Randwick Junction, East Gardens and have direct connections to the city.

 

A number of these bus stops meet the above definition of accessible, providing regular bus services on numerous different routes. All stops are located within the required 400 metres and are considered acceptable for the purpose of defining the site as being within an ‘accessible location’.

 

(7)     Accommodation size

 

If each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i) 12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii) 16 square metres in any other case.

 

 

Boarding rooms are specified for single and double lodging purposes.

 

·     All rooms measure between 12m and 16 square metres excluding the kitchens and bathrooms.

 

Single and double room types comply.

A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

 

The proposal includes private facilities in each room.

 

 

 

 

 

Assessment of Clause 30   Standards for boarding houses

Standard

Assessment

(a) If a boarding house has 5 or more boarding rooms, at least one (1) communal living room will be provided.

A common room has been provided within the building. 

Complies.

(b) No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres.

The application identifies the largest of the proposed rooms having roughly 16 square metres gross floor area, excluding kitchen and bathroom areas.

Complies.

(c) No boarding room will be occupied by more than 2 adult lodgers.

Boarding rooms are identified as being for single and double lodging purposes only. A condition is also recommended.

Complies.

(d) Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger.

There are adequate private facilities in each room - Complies. 

(e) If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

The proposal will provide for a maximum of 39 lodgers and 1 manager, to be enforced via condition.

 

(g) If the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

The land is zoned Residential R3 and does not promote commercial uses.

N/A.

(h) At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

The proposal provides for seven (7) bicycle parking spaces, seven (7) motorcycle parking spaces accessible from Willis Street and Bow Lane - Complies.

 


 

2.      Randwick LEP 2012

 

The subject site is zoned Medium density residential (R3) under the Randwick LEP 2012. The proposed development is classified as a boarding house and is permissible in the zone. The zoning objectives are addressed as follows:

 

·      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 provides facilities or services to meet the day to day needs of residents.

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

·     To protect the amenity of residents.

·     To encourage housing affordability.

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

 

The design scheme is considered to be consistent within the immediate vicinity and recognises the desirable elements of the existing streetscape and built form. The proposal

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.9:1 (+ 0.5:1 ARHSEPP Bonus) = 1.4:1

1.01:1

Yes

Height of Building (Maximum)

12m

11.8m

Yes

 

The current scheme proposes a total floor space of 1.01:1 to the subject development.

 

RLEP 2012 applies a maximum FSR of 0.9:1 to the subject site. For the purpose of SEPP (Affordable Rental Housing) 2009, the scheme is also eligible for a floor space bonus of an additional 0.5:1.

 

While the proposed floor space does not comply with the LEP, the proposal sits well within the bounds of that permissible under the SEPP, which would allow up to 1.4:1 on the subject site.

 

The SEPP being a higher order planning instrument than RLEP 2012 allows that an objection under Clause 4.6 of RLEP 2012 is not necessary in this instance.

 

It should be noted that not all proposed corridor areas have been included in the F.S.R calculations as they are open on several sides, however the additional bulk created by these access corridors has been considered as part of the application. If all these access corridors were to be included in the F.S.R Calculations the F.S.R for the site would be 1.19:1, this still significantly complies with the maximum allowable F.S.R under the ARHSEPP of 1.4:1. Notwithstanding the above, the proposal is considered acceptable having regards to the objectives of the zone, the controls objectives within the ARHSEPP and the character of the locality.

 

The proposed floor space is consistent with the relevant planning controls and the streetscape character.

 


 

3.       Randwick Comprehensive DCP

 

·      C4 Table:  Boarding Houses

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

 

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

 

DCP Clause

Controls

Proposal

1

Building Design

 

 

Boarding rooms

Orientate to receive the maximum amount of sunlight;

       

Provide a balcony, terrace or window opening to outdoor areas for natural light and ventilation; and

       

Where provided, private open space in the form of a balcony or terrace must have a minimum useable area of 4 square metres.

 

The subject site has a north to south orientation; the proposal provides either a northern or western aspect to all rooms. The rooms will receive the required numerical access to sunlight as per the RDCP 2013.

 

The development is acceptable given the design scheme seeks to maximize the amount of natural light to the boarding rooms through design initiatives.  

 

The proposal complies with the relevant objectives and controls in the RDCP 2013.

 

Outdoor Communal Open Space

Provide for all boarding houses, with a minimum total area of 20 square metres and a minimum dimension of 3 metres;

 

 

 

 

 

 

 

Provide at ground or podium level in the form of a courtyard or terrace area, accessible to all residents; Locate and orientate to maximise solar access;

 

Incorporate both hard and soft landscaped areas;

 

Provide shared facilities such as fixed outdoor seating benches, barbecues and the like to allow social interaction; and

 

Provide partial cover for weather protection, such as pergola, canopy or the like, where it does not cause unreasonable overshadowing on adjoining properties.

 

 

The proposed development provides for a communal outdoor open space of 78sqm. The ground floor communal open space consists of westerly and easterly aspects and receives direct solar access between in the morning and afternoon periods.

 

 

 

 

 

 

 

 

Indoor Communal Facilities

Provide with a minimum dimension of 3 metres and a minimum total area of 20 square metres or 1.2 square metres/resident, whichever is greater (48m2); and

 

 

Orientate to maximise solar access and have a northerly aspect where possible.

A communal room of 48m² is required. The proposal provides a space measuring 48.16m² and is orientated with a north and north-westerly aspect.

 

Communal Kitchen Bathroom and Laundry Facilities

For all boarding houses, provide communal kitchen, bathroom and laundry facilities where they are easily accessible for all residents, unless these facilities are provided within each boarding room;

For development of over 12 boarding rooms without en suite bathrooms, provide separate bathroom facilities for male and female residents;

Locate and design any communal laundry room to minimise noise impact on boarding rooms and neighbouring properties; and

 

Where possible, locate clothes lines to maximise solar access while not compromising the street amenity or usability of communal open space.

All boarding rooms have been provided with kitchen laundry and bathroom facilities.

 

Adequate spaces for drying areas are available within the common open space areas of the boarding house development. 

 

Safety and Crime Prevention

 

Locate building entry points and internal entries to living areas where they are clearly visible from common spaces;

 

Locate a habitable living area (such as lounge room, kitchen, dining or bedroom) to allow general observation of the street and communal open space;

 

Separate ground level private open space from public and common areas by measures such as open fencing or low level plants; and

 

Select trees and low-lying shrubs that do not interfere with sight lines nor provide opportunities for concealment or entrapment.

Design of the boarding house incorporates adequate measures in accordance with CPTED principles.

 

Visual and Acoustic Amenity and Privacy

Indicative locations of facilities and appliances for bathrooms, kitchens and laundries must be clearly shown on the DA plans/drawings;

 

Locate kitchen, dining room, lounge room and outdoor open space adjacent to or directly accessible from each other;

       

Locate similar uses (such as bedrooms or bathrooms) back to back, to minimise internal noise transmission;

 

Provide screen fencing, plantings and acoustic barriers where practicable to screen noise and reduce visual impacts;

       

Where possible locate the main entry point at the front of the site, away from the side boundary and adjoining properties;

       

Locate communal open space, balconies and windows to bedrooms or communal areas, to minimise overlooking, privacy and acoustic impacts on adjoining properties;

 

An acoustic report prepared by a suitably qualified acoustic consultant must be submitted for new development or conversions/intensifications with an increase in resident numbers. The report must:

       

establish the existing background noise levels;

 

identify all potential noise sources from the operation of the premises, including any mechanical plant and equipment;

 

estimate the level of potential noise emission;

 

establish desirable acoustics performance criteria; and

 

recommend any mitigation measures (such as sound proofing construction and/or management practices) required to achieve relevant noise criteria.

The development will not result in any adverse visual and acoustic impacts to the neighbouring dwellings or occupants of the subject premises. The applicant has submitted an acoustic report to accompany the development application which has been reviewed by Council’s Environmental Health Officer. The development is acceptable in minimizing noise transmission to the neighbouring dwellings and will comply with the relevant noise criteria.

 

The boarding house will also provide a reasonable level of visual privacy to the neighbouring dwellings. Walkways have been screened on the eastern elevation and will not result in any overlooking impacts. The proposed screening on the eastern elevation is made up of brick screening at 1st and 2nd floor level and louvres at 3rd floor level. This satisfactorily addresses privacy.

 

In addition to the above a condition requiring all louvres to be fixed at an upward angle of 45 degrees to avoid overlooking has been recommended.

 

The proposal is considered to comply with the relevant objectives in the RDCP 2013.

 

Management Plan

Submit a Management Plan with all DAs for new and existing boarding houses, that addresses the general requirements outlined in the Management Plan section in Part B, and the following specific requirements:

 

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 and appliances for kitchens, bathrooms and laundry rooms 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.

A plan of management was submitted with the application. Adherence to this plan will be a conditional requirement of the consent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.      79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012

The site is zoned R3 Medium Density Residential under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent. See table above for compliance with development standards.

 

The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will provide for the residential development in a suitable manner that protects the amenity of the local residents.

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

Nil.

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

The proposal generally satisfies the objectives and controls of the Randwick Comprehensive DCP 2013. See table above. Where non-compliance occurs an assessment is carried out against the relevant objectives of the associated control and provided in the Council executive summary report.

 

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

Not applicable

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

 

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

 

The issues raised in the submissions have been addressed in the Council executive summary report.

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

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

 

5.      Referral Comments

 

The proposal was referred to Council’s BCA Team, Environmental Health Team and Development Engineers for comment, the following comments were made:

 

5.1   Development Engineer

An application has been received for the demolition of existing buildings and construction of a new 4 storey boarding house containing 35 boarding rooms and a manager’s room at the above site, (36 rooms in total).

 

Parking Comments

The Affordable Housing SEPP states in regulation 29(2)(e) that consent authorities must not refuse consent to development on the grounds if:

(i)       in the case of development in an accessible area-at least 0.2 parking spaces are provided for each boarding room, and

(ii)      in the case of development not in an accessible area-at least 0.4 parking spaces are provided for each boarding room, and

(iii)     in the case of any development-not more than 1 parking space is provided for each person employed in connection with the development.

 

According to the SEPP “accessible area" means land that is within:

(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990 ) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

 

The site is located within 120m of bus stops on Meeks St (Route 341), 250m of bus stops on Rainbow St (Route 357)  and approximately 410m from stops on Anzac Parade (many routes) The combination of these services meet the criteria for an assessable area hence the parking rate of 0.2 spaces per boarding room is applicable. One space is also required for the manager.

 

Parking Required           = 0.2 x 35 + 1 space for manager

                                    = 8

                                    = say 8 spaces

Parking Provided            = 8 spaces including (1 disabled space).

 

Note: one space has been identified as a small carspace and the carpark is poorly dimensioned. The quantum of parking provided is compliant and conditions have been included to ensure the parking meets the relevant standards.

 

Motorbike & Bicycle Parking

The Affordable Housing SEPP states in regulation 30(h) that consent authorities must not consent to development unless at least one parking space is provided for a bicycle and one for a motorcycle for every 5 boarding rooms.

 

As the number of boarding rooms is 35 (not including manager) this will require the provision of 7 bicycle and 7 motorbike spaces.

 

The submitted plans demonstrate compliance with this requirement and hence Development Engineering considers the motorbike and bicycle parking provision to be satisfactory and in compliance with the SEPP Affordable Housing.

 

Waste Management Comments

Council’s ‘Waste Management Guidelines for Proposed Developments’ specify a waste generation rate for boarding houses of 9L/occupant/day for normal garbage and 3L/occupant per day for recycling.

 

The boarding house comprises of 36 rooms including 1 manager’s room, 30 single rooms & 5 double rooms resulting in a maximum of 41 occupants for the building.

 

Normal Garbage (weekly collection)

Amount = 9 x 41 x 7 = 2583L

Number of bins = 2583/240 (standard MGB)= 10.8  = say 11 bins

 

Recyclables (fortnightly collection)

Amount = 3 x 41 x 14 = 1722L

Number of bins = 1722/240 = 7.2 = say 7 bins

 

Green Waste (fortnightly collection)

 

As some landscaped areas are also proposed a minimum of 2 x 240L green waste bins are also recommended.

 

Total bins required    = 11 (garbage) + 7 (recycling) + 2 (green Waste)

                                = 20 x 240L bins

 

The proposed waste storage area is undersized. Conditions requiring the bin storage area to be redesigned have been included in this report.

 

Drainage Comments

On site stormwater detention is required for this development.

 

The Planning Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Service Authority Comments

Standard service authority conditions have bene included within this report.

 

The proposed development is less than 40 rooms. No conditions relating to undergrounding of power have bene included.

 

Landscape Comments

·      Tree Comments

 

All tree references are taken from the Arboricultural Impact Assessment Report submitted with the development application, prepared by David Gowenlock of DKG Arboricultural Services and dated 17 July 2015.

The three mature Willow Leafed Peppermints (T1, T2 and T3) growing in the Bow Lane carriageway, against the rear/southern site boundary, will all need to be removed so as to accommodate the car spaces and required civil works in this same area. Conditions relating to removal of these trees have been included within this report.

 

As part of an earlier report on this application Council requested the applicant to provide exact measurements/distances from the trunks of T5 & T7 to the edges of the proposed crossing, along with any details of re-grading (if any) so that an accurate impact assessment could be made on these two important public trees. The applicant provided measurements however failed to provide any information on re-grading as required for construction of the vehicular crossing. Conditions addressing construction of the vehicular crossing and retention of trees T5 and T7 have been included within this report.

 

Tree T4 is to be retained and protected in conjunction with the proposed works. Conditions relating to retention of this tree have been included within this report.

 

Tree T19, a Willow Myrtle, on the Meeks Street verge was observed to be affected by Phelinus. Phelinus is a wood decaying fungus that always results in the death of trees and it was observed on the trees eastern leader. In the interests of public safety and the future amenity of the site and streetscape, conditions have been included requiring its removal its removal and replacement with a new tree. Removal and replacement planting are to be at the applicant’s cost.

 

Apart from the retention of T4 and the removal of T19 the recommendations of Section 6 of the Arboricultural Impact Assessment Report are generally satisfactory.

 


 

5.2   Environmental health

Proposed Development:

Proposed 4 storey, 36 room Boarding House for student accommodation, with communal areas, outdoor courtyards, car parking and bike facilities.

 

Environmental Health comments

Acoustics

Acoustic Amenity

An acoustic report was submitted to Council prepared by acoustic Logic report prepared titled : 27 Meeks Street & 65 Willis Street Kingsford DA Acoustic Assessment dated 18.01.2016 and an amended acoustic report dated 03 March 2016 doc ref: 20160003.1/0303A/R1/JL has been reviewed as part of this proposal.

 

Acoustic recommendations as well as appropriate conditions have been included in this report.

 

Details of any plant and equipment or air conditioning have not been included in the application. Conditions have been included to ensure acoustic criteria are complied with.

 

Building requirements have been detailed in the acoustic recommendations in the following sections:

 

          5.1 Glazing for window treatments

          5.2 External walls

          5.3 External Entry Doors

          5.4 Roofing Construction

 

Operational acoustic recommendations have been detailed in the acoustic report as follows:

 

·      Outdoor courtyard not used after 9.00pm

·      Signs to be provided in communal areas reminding residents to keep noise down

·      Manager’s details to be clearly displayed on entry for any complaints

·      Management required to keep doors and windows of communal areas kept closed when in use

·      Review of external mechanical plant by acoustic consultant if proposed to ensure noise criteria compliance

·      Proposed plan of management titled “Annexure C Operational Plan of Management For Boarding House at 27 Meeks Street Kingsford” dated April 2016. The use and the operation of the boarding house accommodation in particular proposals of this size, has the potential to create offensive noise and the patrons behaviours may impact on the other users of the boarding house and/or the neighbouring residential properties at times.

·      The uses of the common areas have been recommended to be restricted for use to between 7:00am and 9:00pm daily.

 

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

 

Environmental Pollution

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

 

RECOMMENDATION

Should approval be granted to the application, conditions have been recommended in the development consent.

 

5.3   BCA Team

Proposed Development:

It is proposed to demolish the existing buildings on 2 separate properties and erect a 4 storey boarding house containing 36 rooms and under cover car /bike parking

 

Comments:

A BCA report accompanies this application with a number of alternative solutions proposed to meet the relevant Performance Requirements of the BCA. No objection seen. Suitable conditions will be recommended.

 

Recommendation:

 

Should approval be granted to the application, conditions have been recommended in the development consent.

 

6.      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

DA-002 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-003 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-004 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-005 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-007 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-150 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-151 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-152 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-170 (Issue B)

Architects Nicholas + Associated

24/03/2016

DA-171 (Issue B)

Architects Nicholas + Associated

24/03/2016

 

BASIX Certificate No.

Dated

689008M

7/12/2015

 

Amendment of Plans & Documentation

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

 

a.   All louvres on the eastern elevation at third floor level shall be fixed at an upward angle of 45 degrees.

 

b.   The central common open space area located at ground floor level shall be replaced with permeable deep soil area (i.e. lawn).

 

c.   Laundry facilities shall be provided within each boarding room.

 

d.   A clothes drying area shall be provided on the eastern side of the common open space area.

 

e.   The picket fence along the western edge of the common open space area (fronting Willis Street) at ground floor level shall be a maximum height of 1.2m and be designed so that the fence (excluding any piers or posts) is at least 30% open.

 

f.    The following windows must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·        Habitable room window on the eastern elevation of Room 112 at first floor level; and

·        Habitable room window on the eastern elevation of Room 212 at second floor level.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

Section 94A Development Contributions and revised Quantity Survey

5.       The applicant shall submit an amended Quantity Survey report that reflects the approved development, prepared by a Registered Quantity Surveyor. The report shall be submitted to Council for approval, prior to the issue of any construction certificate for the development.

 

In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, 1% of the development cost provided in the acknowledged Quantity Survey must be paid to Council.

 

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

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

 

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

 

Security Deposit

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

 

·           $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.

 

Tree Management – Tree Protection Measures

Trees external to the Development Site

8.       Prior to lodging a Construction Certificate the applicant must submit to Council for approval, and have approved, a detailed Tree Protection Management Plan documenting protection measures for all trees located on Council land and in proximity to eh development site. The trees to be fully protected include Trees T4, T5, T7, T9, T10, T14, T15 and T16 as referenced in the Arboricultural Impact Assessment Report submitted with the development application (Report titled Arboricultural Impact Assessment Report – Proposed Student Accommodation building, 65 Willis Street + 27 Meeks St, Kingsford, prepared by DKG Arboricultural Services and dated 17 July, 2015). The Tree Protection Management Plan must be prepared in full consultation with Council’s Landscape Development Officer (Ph. 93990613). Particular emphasis must be placed on retention of Trees T5 and T7 as they are located in close proximity to the proposed vehicular crossing. The approved report must be read in conjunction with “Table 6 Recommendations” taken from the Arboricultural Impact Assessment Report submitted with the development application. The Construction Certificate must reference the approved Tree Protection Management Plan and all works on and surrounding the development site must strictly comply with the recommendations of the approved Tree Protection Management Plan.

 

 

 

Trees within the Development Site

9.       Trees T17 and T18 as referenced in the Arboricultural Impact Assessment Report submitted with the development application must be retained and protected in conjunction with the proposed development. Prior to lodging a Construction Certificate the applicant must submit to Council for approval, and have approved, a detailed Tree Protection Management Plan documenting protection measures for these trees. The Construction Certificate must reference the approved Tree Protection Management Plan and all works within the development site must strictly comply with the recommendations of the approved Tree Protection Management Plan.

 

Electricity Substation

10.     The applicant must liaise with Ausgrid prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

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

 

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

 

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

 

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

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

 

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

 

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 & Fire Safety

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

 

13.     All new building work (including alterations, additions, fit-out work and fire safety works) are to be carried out in accordance with the relevant provisions of the Building Code of Australia (BCA) and details are to be included in the Construction Certificate, to the satisfaction of the Certifying Authority.

 

14.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements, to provide improved levels of fire and occupant safety in the building:

 

·      Fire safety and building upgrading works are to be implemented in accordance with the recommendations contained in the Building Code of Australia report prepared by the AED Group in Report No. 6131-Rev01 dated 29 October 2015.

 

15.     The building and fire safety upgrading works must be included in the Construction Certificate for the development and must be carried out prior to issuing of a final Occupation Certificate for the development.  Written correspondence must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Access & Facilities

16.     Access and/or facilities for people with disabilities must be provided to all new building work in accordance with any relevant provisions of the Building Code of Australia Disability (Access to Premises – Buildings) Standards 2010, to the satisfaction of the Certifying Authority.

 

BASIX Requirements

17.     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.

Traffic conditions

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

 

19.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate strict compliance with these requirements. Note: a maximum of 1 carspace can be nominated and designed as a small carspace.

 

20.     The intersection of Willis Street and Bow Lane (south-west corner of the site) must be fenced with a minimum 1.5 metre x 1.5 metre splay to the satisfaction of Council. Details must be submitted with the Construction Certificate.

 

Design Alignment levels

21.     The design alignment level (the finished level of concrete, paving or the like) at the Willis Street property boundary for driveways, access ramps and pathways or the like, must be determined by grading up at 2.5% above the back of the existing concrete footpath opposite at all points along the Willis Street site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/kerb/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 0924.

 

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

 

        Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0924.

 

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

 

·       60mm above the edge of the asphalt road pavement opposite at all points along the Bow Lane site frontage.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/kerb/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 0924.

 

24.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $3692 calculated at $52.00 (inclusive of GST) per metre of site frontage to Willis Street. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

       

Stormwater Drainage & Flood Management

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

Internal Drainage

 

27.     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) directly to the kerb and gutter or drainage system located at the front of the subject site in Willis Street.

 

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

 

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

 

d)     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.

 

e)     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.

 

f)      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.

 

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

 

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

 

i)      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.

 

j)      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.

 

k)     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).

 

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

 

m)    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.

 

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

 

o)     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.

 

p)     The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design. Mulch or bark is not to be used in on-site detention areas.

 

q)     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.

 

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

 

s)      Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

                

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

 

Waste  Management

29.     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 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.

·       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.

       

30.     The garbage room shall be sized to contain a total of 20 x 240 litre bins (comprising 11 garbage bins, 7 recycle bins and 2 green waster bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate. The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

        Landscaping & Environmental amenity:

31.     Landscaping is to be provided to the site in accordance with the following requirements:

 

Detailed landscape drawings and specifications are to be submitted to and approved by the certifying authority with the construction certificate and the landscaping is required to be implemented in accordance with the approved plans and specifications. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). If Council is not the certifying authority for the development, a copy of the approved plans and specifications are to be forwarded to Council with the construction certificate.

 

The landscaping plans/specifications are required to include the following components:

 

a)     A site plan at an appropriate scale showing: existing site boundaries; existing trees within the property (clearly identified as being retained or removed); existing street trees (clearly identified as being retained or removed); features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc.); council’s footway; existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained; proposed building envelope; proposed areas of pavement; and proposed landscaped areas.

 

b)     The position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

c)      A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

d)     A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

e)     Details of planter boxes, garden beds, soil and mulch, irrigation, landscape lighting, edging, paving, fencing, surface finishes, retaining walls, site composting, vehicle wheel-stops and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

Planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

f)      Details of Tree Protection measures, including details of compliance with relevant conditions of consent.

 

g)     Position of existing and proposed site services including water, gas, electricity, sewer, stormwater and any easements etc.

 

Any required substation shall be suitably screened from view. Details of the proposed location of any substation/s including plans, elevations and proposed screening methods are to be submitted to and approved by Council prior to issuing a construction certificate.

 

h)     Elevations and sections through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

i)      An automatic irrigation system throughout all planted areas to ensure satisfactory maintenance of the landscaping. The system shall provide full coverage to all the planted areas with no overspray onto driveways and pathways. The system shall comply with all Sydney Water requirements.

 

32.     All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as required by these conditions of development consent. Details are to be included in the relevant construction certificate and landscape plans.

 

          Tree Management

33.     The applicant must meet the full cost for removal of Trees T1, T2, T3 and T19. Prior to commencing any works on the site the applicant must contact Council’s Landscape Development Officer (93990613) to obtain Council’s quotation, terms and conditions for removal of the trees. All trees must be removed by Council’s nominated contractor prior to commencing any works on the site.

 

34.     Prior to commencing any works on the site the applicant must contact Council’s Landscape Development Officer (93990613) to obtain Council’s requirements for replacement planting along the Meeks Street site frontage. Replacement planting is required to compensate fort eh loss of Tree T19. All costs associated with the supply and planting of replacement trees is to be met by the applicant. The replacement planting must occur prior the issuing of an Occupation Certificate.

 

          Tree Protection Measures

35.     Trees T4, T5, T7, T9, T10, T14, T15 and T16 as referenced in the Arboricultural Impact Assessment Report submitted with the development application (Report titled Arboricultural Impact Assessment Report – Proposed Student Accommodation building, 65 Willis Street + 27 Meeks St, Kingsford, prepared by DKG Arboricultural Services and dated 17 July, 2015) must be retained and protected during the subject works. The approved Tree Protection Management Plan must be fully complied with at all times to Council’s satisfaction. All construction certificate plans must make reference to retention of the referenced trees and the approved Tree Protection Management Plan.

 

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

36.     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

 

Demolition Work & Removal of Asbestos Materials

37.     Demolition work must be carried out in accordance with the following requirements:

 

a)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·        A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·        Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·        A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·        A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

Construction Noise & Vibration

38.     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 provisions of the Protection of the Environment Operations Act 1997 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 and Vibration Management Plan, prepared in accordance with the DECC Construction Noise Guideline, by a suitably qualified person is to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the plan must be provided to the Council and Principal Certifying Authority prior to the commencement of site works.

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

40.     A dilapidation report 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 Site Management Plan

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

 

·           location and construction of protective 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

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Construction Traffic Management

43.     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 Willis 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.

 

44.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to:

 

a)          commencement of any site work [or]

 

b)         a construction certificate being issued for the development.

 

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.

 

45.     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.

 

Civil Works

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

 

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

 

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

 

        Public Utilities

47.     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.

 

48.     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.

 

 

Building Inspection Requirements

49.     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.

 

Excavations & Support of Adjoining Land

50.     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.

 

51.     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 are to 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.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Permitted Working Hours

52.     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 or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   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.

 

Construction Site Management

53.     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:

 

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

 

c)      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.

 

d)     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 Building Services section.

 

e)     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.

 

Details of the proposed sediment control measures are to be detailed in the site management plan which must be submitted to the Principal Certifying Authority and Council prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the plan is to be maintained on-site and be made available to Council officers upon request.

 

f)      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. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public. Temporary site fences are to 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. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

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

 

h)     A Road / Asset Opening application must be submitted to and be approved by 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.

 

All works within or upon the road reserve, footpath, nature strip or other public place are to be completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Site Signage

54.     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”.

 

Demolition Work Requirements

55.     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

56.     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

57.     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

58.     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.

 

Building Encroachments

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

 

Site Seepage & Stormwater during construction

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

 

Details must include the following information:

 

·       Site plan

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

·       Volume of water to be discharged

·       Location and size of drainage pipes

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

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

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

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

·       Details of compliance with any relevant approvals and licences

 

Road/Asset Opening Permit

61.     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

62.     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.

 

63.     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.

 

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

 

Stormwater Drainage

65.     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.

 

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

 

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

 

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

 

          Tree Removal

68.     Approval is granted for the removal of only those trees located within the area occupied by the approved works, as detailed in this development consent. These trees are T6, T8, T9, T11, T12 and T13 as referenced as referenced in the Arboricultural Impact Assessment Report submitted with the development application (Report titled Arboricultural Impact Assessment Report – Proposed Student Accommodation building, 65 Willis Street + 27 Meeks St, Kingsford, prepared by DKG Arboricultural Services and dated 17 July, 2015). Requests for the removal (or pruning) of any of the remaining trees on the site are subject to separate application under Council’s Tree Preservation Order.

 

69.     The owner/applicant is required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 


 

Occupation Certificate Requirements

70.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation 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.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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 Certificate Requirements

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

 

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

 

Noise Emissions - Certification

72.     Where plant and equipment is installed in the premises (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc), a written report or statement must be obtained from a suitably qualified and experienced consultant in Acoustics.

 

The report/statement must demonstrate and confirm that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report/statement must be provided to Council prior to the issue of an Occupation Certificate.

 

73.     Places of Shared Accommodation must comply with the Local Government (General) Regulation 2005 and the premises must be registered with the Council, and the approved registration/inspection fee is to be forwarded to Council prior to issuing an occupation certificate.

 

BASIX Requirements

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

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

a)     Construct a full width concrete heavy duty vehicular crossing and layback at kerb in Willis Street opposite the vehicular entrance to the premises.

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

c)      Remove the existing stone kerb and stone gutter along the full Willis Street site frontage and replace it with new kerb and gutter except opposite the vehicular entrance and exit points.

d)     Carry out a full depth, minimum 1.0 metre wide, road construction in front of the new kerb and gutter along the full Willis Street site frontage.

e)     Remove the existing concrete footpath and construct a new concrete footpath along the full Willis Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

f)      Construct a full width concrete heavy duty vehicular crossing and layback at kerb in Bow Lane opposite the vehicular entrance to the premises.

g)     Construct new kerb and gutter along the Bow Lane site frontage except opposite the vehicular entrance and exit points.

h)     Carry out a full depth, minimum 1.0 metre wide, road construction in front of the new kerb and gutter along the full Bow Lane site frontage.

i)      Construct a pedestrian footpath in Willis Street opposite the pedestrian entrance.

 

76.     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.

 

77.     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.

 

78.     The naturestrip 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.

 


 

Service Authorities- Sydney Water Requirements

79.     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.

 

80.     Should a mains power distribution pole be located on the same side of the street  and within 15m of the development site, the applicant must meet the full cost for Ausgrid to relocate the existing overhead power feed from the distribution pole in the street to the development site via an underground UGOH connection.

 

Stormwater Drainage

81.     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.

 

82.     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).

 

83.     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.

 

84.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional Engineer, to the satisfaction of the Principal Certifying Authority confirming that the basement tanking/waterproofing and any sub-soil drainage systems (as applicable) have been provided in accordance with the conditions of consent and relevant Standards.

 

Landscaping

85.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

Waste Management

86.     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. The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Operation of Premises

87.     All the items listed in the Plan of Management, titled “Annexure C Operational Plan of Management For Boarding House at 27 Meeks Street Kingsford” and dated April 2016, shall be implemented at all times.

 

The following occupancy rates shall apply to the ongoing use of the premises:

 

Room Number

Maximum occupancy

G01

One (1) occupant

G02

one (1) occupant

G03

Two (2) occupants

101

One (1) occupant

102

One (1) occupant

103

One (1) occupant

104

One (1) occupant

105

One (1) occupant

106

One (1) occupant

107

One (1) occupant

108

One (1) occupant

109

One (1) occupant

110

One (1) occupant

111

Two (2) occupants

112

One (1) occupant

201

One (1) occupant

202

One (1) occupant

203

One (1) occupant

204

One (1) occupant

205

One (1) occupant

206

One (1) occupant

207

One (1) occupant

208

One (1) occupant

209

One (1) occupant

210

One (1) occupant

211

Two (2) occupants

212

One (1) occupant

301

One (1) occupant

302

One (1) occupant

303

One (1) occupant

304

One (1) occupant

305

One (1) occupant

306

One (1) occupant

307

One (1) occupant

308

Two (2) occupants

Managers Room

One (1) occupant

Total

40 Occupants

 

The above occupancy rates and adopted Plan of Management shall be enforced by the appointed Manager at all times.

 

Any variation of the above occupancy rates or provisions detailed within the adopted Plan of Management shall be subject to Council approval.

 

88.     The car spaces within the development are for the exclusive use of the occupants of the building. The car spaces must not be leased to any person/company that is not an occupant of the building. 

 

Stormwater Detention/Infiltration  System

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

 

Residential Parking Permits

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

91.     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.

 

Fire Safety Statements

92.     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

93.     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.

 

94.     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.

 

95.     The windows and doors to internal communal areas are to remain closed except for entry and egress.

 

96.     No parties or amplified music in outdoor courtyard areas at any time.

 

97.     The use of all outdoor courtyard areas are restricted to:

Monday- Sunday 7:00am – 9:00pm

 

98.     Any proposed 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.

 

Details of any proposed mechanical plant shall be reviewed by a suitably qualified acoustic consultant a report of compliance shall be provided to the principle certifying authority prior to a construction certificate being issued.

 

99.     All the acoustic treatments and recommendations contained in the acoustic report prepared by Acoustic Logic titled: 27 Meeks Street & 65 Willis Street Kingsford DA Acoustic Assessment dated 18.01.2016 and an amended acoustic report dated 03 March 2016 doc ref: 20160003.1/0303A/R1/JL , dated 3 March 2016 November 2015 section 3 shall be incorporated to ensure that a reasonable level of amenity is achieved.

 

100.    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.

 

101.    The plan of management titled “ Operational Plan of Management For Boarding House at 27 Meeks Street Kingsford” dated April 2016 shall be implemented at all times

 

102.    The manager of the boarding house accommodation must be a responsible person over the age of 18 years.

 

103.    The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of the manager’s name and after hours contact number.

 

104.    Each occupant shall be furnished with a set of house rules (i.e. the Plan of Management) and that no variation shall be permitted without the further approval of Council.

 

105.    The manager shall maintain a record of all residents with details of their names, length of stay & number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

106.    All residents in the boarding house accommodation are to sign a lease or licence agreeing to comply with the Plan of Management (PoM) for the boarding house, with the length of the lease to be determined by the management. 

 

 

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

 

108.    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.

 

109.    The individual rooms, common areas, shared facilities and yard are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

 

110.    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.

 

111.    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.

 

Waste Management

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

 

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

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

Plant & Equipment

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

 

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

 

Air Conditioners

114.    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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A3      In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

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

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

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

 

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

 

A8      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.

 

A9      Demolition work and removal of asbestos materials:

 

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

 

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

 

A10    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A11    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.


A12    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.

A13    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.

A14    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.


Ordinary Council                                                                                                         28 June 2016

 

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Director City Planning Report No. CP36/16

 

Subject:                  2 Wolseley Road, Maroubra (DA/160/2011/B) - Deferred

Folder No:               DA/160/2011/B

Author:                    Louis Coorey, Senior Environmental Planning Officer      

 

Proposal:                 Section 96 application seeks to modify the original determination and the previous section 96 application by revising the staircase layout and seeking a roof terrace

Ward:                      East Ward

Applicant:               X.Pace Design Group Pty Ltd

Owner:                    Mrs K T Davies & Mr L A Davies

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

Introduction

 

Council at its Ordinary meeting held on 26 April 2016, considered an assessment report recommending approval to a section 96 application seeking consent for a roof terrace to service the top apartment in the approved building. Council officers, subject to a reduction in size and increased setback, recommended the application for approval.

 

At this meeting, Council resolved:

 

“(Andrews/Stavrinos) that the application be deferred for mediation between the applicant and the objectors.”

 

In response to the above resolution mediation was held on 2 June 2016 to consider the roof terrace.

 

The mediation outcome reads as follows:

 

1.     The project architect proposed to move the usable area of the terrace by 2m to the north. The trafficable area would remain 4m in width. The access walkway from the stairs would be 2m longer.

2.     The objectors agreed that, in the event that the terrace were to be approved then the proposal by the architect would be an improved outcome, but they still object to any roof terrace.

3.     The architect agreed to consider amending the balustrade design for the stair access to the terrace in order to attempt to reduce overshadowing impact at 9am to the north facing kitchen window of Unit 7 at 4 Wolseley Road.

 

Issues

 

The mediation outcome  on 2 June 2016 reads as follows:

 

1.  The project architect proposed to move the usable area of the terrace by 2m to the north. The trafficable area would remain 4m in width. The access walkway from the stairs would be 2m longer.

2.  The objectors agreed that, in the event that the terrace were to be approved then the proposal by the architect would be an improved outcome, but they still object to any roof terrace.

3.  The architect agreed to consider amending the balustrade design for the stair access to the terrace in order to attempt to reduce overshadowing impact at 9am to the north facing kitchen window of Unit 7 at 4 Wolseley Road.

 

Each of the key outcomes is followed by an assessment:

 

The project architect proposed to move the usable area of the terrace by 2m to the north. The trafficable area would remain 4m in width. The access walkway from the stairs would be 2m longer.

 

 

Figure 1: Plan excerpt of roof terrace inclusive of the 2m shift northward as a result of the mediated outcome – shown by orange arrow.

 

Comment: There are no objections to the 2m shift of the roof terrace further north and a proposed condition will require this. In relation to views, having regard to the assessment carried out in the attached report, it is not considered that relocating the terrace further north by 2m will result in any unreasonable loss of views from the neighbouring properties.

 

The objectors agreed that, in the event that the terrace were to be approved then the proposal by the architect would be an improved outcome, but they still object to any roof terrace.

 

Comment: The continued objections to the proposed terrace are noted and considered to have been suitably addressed through this report and the original recommendation made by Council inclusive of amendments to conditions. The key issues raised in submissions received by Council relate to visual and acoustic privacy and overshadowing. The proposed roof terrace, inclusive of its relocation 2m further north and originally conditioned reduction in area, will achieve a suitable outcome in relation to protection of neighbour’s amenity.

 

The architect agreed to consider amending the balustrade design for the stair access to the terrace in order to attempt to reduce overshadowing impact at 9am to the north facing kitchen window of Unit 7 at 4 Wolseley Road.

 

Comment: No amendments are recommended to the balustrade on the basis that the additional overshadowing occurs during a small part of the day where the sun is at a relatively shallow angle. As the sun rises there will be greater retention of solar access to the majority of the north facing windows of the southern neighbouring apartments. In addition, the proposed balustrade height is well below the 12m maximum heights standard in the RLEP and also below the 10.5m external wall height control under the RDCP. In addition, the use of clear glazing will still permit solar access to penetrate through to the north facing windows of the upper level apartments within No. 4 Wolseley Road.

 

Having regard to the mediated outcomes, it is considered that point 1 which requires the terrace to be relocated 2m further to the north is supported and a condition is proposed to be included to that effect. In relation to point 2 the objectors’ continued objections have been suitably addressed and the proposed terrace is considered to be an adequate form of development. The proposal is therefore recommended for approval subject to conditions. In relation to point 3, it is not considered that a redesign of the balustrade is warranted on the basis that the use of clear glazing will still allow for solar access and the overshadowing occurs only during a small part of the day. In addition, the development displays a good level of compliance with the relevant controls and objectives of the zone, and relevant standards and controls in Councils RDCP and the Apartment Design Guide.

 

Submission:

 

A submission was also received from the owner of 5/4 Wolseley Road, which is assessed below.

 

5/4 Wolseley Road, Maroubra

Issue: Locating the roof top terrace to the northern side of the building will be a more skillful design

 

Comment: Noted, the mediated outcome locates the terrace 2m further to the north and further away from the affected unit.

 

Issue: An outdoor terrace without solid walls will result in significant noise impacting on living and sleeping areas of apartment.

 

Comment: Although the original assessment considered the visual and acoustic privacy of neighbouring properties would be adequately protected through a conditioned increase in separation and reduced size of the trafficable roof terrace, the mediated outcome for an additional 2m setback from the southern neighbour would result in greater levels of visual and acoustic protection. A suitable condition is proposed incorporating the additional 2m setback.

 

Issue: The roof terrace further reduces solar access to less than 2 and ¼ hours to living room.

 

Comment: The proposed balustrade along the southern elevation uses clear glazing ensure negligible loss of solar access to the north facing living room windows of 4 Wolseley Road apartments. In addition, the balustrades, which are required to provide a barrier above the sliding glass panels below, only run along a small section of the southern elevation where the majority of the development has southern side setbacks that are well above the minimum required under the RDCP. In addition, the balustrade height is below the 10.5m maximum wall height control under the Randwick Development Control Plan.

 

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

 

Changes to the design of the terrace will result in greater protection of the southern neighbour’s amenity in terms of visual and acoustic privacy. There are no unreasonable or significant adverse impacts on the neighbour’s amenity in relation to overshadowing or views. The relocated terrace will also continue to satisfy the zone objective which seeks to ensure that development is consistent with the desired streetscape character.

 

The application is referred back to Council inclusive of the amendments to the non-standard conditions listed below.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify No. 160/2011 by revising the staircase layout and seeking a roof terrace at No. 2 Wolseley Road Coogee, in the following manner:

 

·             Amend Condition No. 1 to read:

1.       The development must be implemented substantially in accordance with the plans numbered 1.01, 1.02, 1.03, 2.01, 3.01 and 3.02 all revision A and all dated 28/09/11, the landscape plan LP-DA-01 Revision C dated 29/09/11, the application form and on any supporting information received with the   application, as amended by the following section 96 applications:

 

·             The Section 96 “A” plans numbered 1.01 and 2.01 all revision B and plan numbered 1.02 revision A, all dated 19/09/14 and received by Council on 24 September 2014,

 

·             The Section 96 “B” plans titled basement plan, ground level plan, Level 1 plan, Level 2 plan, Level 3 plan, all dated 31.07.2015, plan number 1.00, 3.01 & 3.02 all received by Council on 3 August 2015; Roof Level_Revision A, dated 17.06.2016 and received by Council on 17 June 2016

 

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

 

·             Add the following conditions:

 

Amendment of Plans & Documentation

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

 

a        The elevation plans (1.00, 3.01 & 3.02) shall be amended to reflect the relocated and reduced area of the roof terrace shown in plan labelled Roof Level Revision A, dated 17.06.2016 and received by Council on 17 June 2016.

 

b.       No umbrellas or awning structures are permitted on the roof terrace.

 

Attachment/s:

 

1.View

Executive report 2 Worseley Road, Coogee - 26 April, 2016

 

 

 


Executive report 2 Worseley Road, Coogee - 26 April, 2016

Attachment 1

 

 

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Director City Planning Report No. CP20/16

 

Subject:                  2 Wolseley Road, Coogee (DA/160/2011/B)

Folder No:               DA/160/2011/B

Author:                    Louis Coorey, Senior Environmental Planning Officer      

 


Proposal:                 Section 96 application seeks to modify the original determination and the previous section 96 application by revising the staircase layout and seeking a roof terrace

Ward:                      East Ward

Applicant:               X.Pace Design Group Pty Ltd

Owner:                    Elena Nova Pty Ltd

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to Council as the original consent was determined by the Land and Environment Court on 9 December 2011.

 

 

 

 

Proposal

 

The Section 96 application seeks to modify the original determination and the previous section 96 application by revising the staircase layout and seeking a roof terrace measuring 25sqm.

Site history:

 

DA/160/2011

Development consent was provided by the Land and environment Court on 9 December 2011 for demolition of the existing building and construction of a part three part four level flat building comprising the following:

 

·      Basement level containing parking for 6 cars.

·      Ground floor consisting of foyer, garbage room; Plant Room and storage;

·      Level 1 consisting of one 3 bedroom unit with en-suite and study;

·      Level 2 consisting of one 3 bedroom unit with en-suite and study;

·      Level 3 consisting of one 3 bedroom unit with en-suite and study;

 

Figure 1: The proposed roof terrace is shown shaded apricot, it aligns with the roof of the neighbouring flat building to the south at No. 4 Wolseley Road.

 

DA/160/2011/A

Development consent was issued on 25 November 2014 at the Ordinary Council meeting for section 96 (AA) application to extend the size of the basement area, adding new mezzanine level in the void area above the basement level and various internal alterations

 

Site

 

The subject site is located on the western side of Wolseley Road, Coogee, between Neptune Street to the North and Oberon Street to the south. The site is legally identified as Lot 1 in DP 320504 and has an area of 490.7m2. It forms a regular rectangle with a width of 14.635m and a depth of 33.53m. It falls relatively steeply, at almost 5m to the street frontage along Wolseley Road.

 

At present, the site is occupied by a two storey brick dwelling with a tile roof. There is minimal vegetation on the site. To the rear is located a two storey residential flat building with an access handle running along the northern boundary of the subject site adjoining Neptune Park. To the south is a 3 storey residential flat building at No 4, and a 5 storey residential flat building at Nos. 6-8. To the north, is Neptune Park and across Wolseley Road is Grant Reserve and beyond that, Coogee Beach and the Pacific Ocean.

 

eview51266

Aerial view of the subject site

 

Street view of subject site and adjoining properties to the south at No. 2A Wolseley Road and No. and west. The adjoining land to the north is an access corridor to the rear apartment building at No. 2A Wolseley Road, Neptune Park shown and opposite side of the road is Trenerry Reserve.

 

 

 

Section 96 of the Environmental Planning and Assessment Act

 

Under the provisions of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the proposal remains substantially the same Development. In this respect, it is considered that the proposed changes will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was granted. The scope of modifications will remain consistent with the original consent.

 

Submissions

 

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

 

1/4 Wolseley Road Coogee

Issue

Comment

Causes additional overshadowing

The proposed development does not result in any significant overshadowing to the neighbouring properties.

Visual privacy impact

The terrace is well setback from the rear boundary and sufficiently setback from the southern elevation of the approved development to ensure no direct sightlines.

Acoustic privacy impact

The conditioned reduction in the size of the trafficable area and increased setback from the southern elevation will assist with minimising acoustic impacts.

Additional height

The balustrade of the terrace (to RL30.045) will have a maximum height of 10.65m above ground level existing (taken from RL19.35 shown on site analysis plan approved in the original application). The height of the terrace balustrade complies with the RLEP standard.

The modification will prolong the construction period

Suitable conditions have already been imposed on the original determination to ensure the site is appropriately managed in order to minimise the adverse impacts on the neighbouring properties during construction.

Several amendments represent a further example of stretching guidelines without due consideration for neighbours.

The proposed modifications remain substantially within the scope of the original development and therefore are able to be considered against the provisions of the relevant standards and controls that apply. This includes an assessment of the impacts from the proposed development on the streetscape and the amenity of neighbouring properties which are contained in the discussions in the key issues section of this report.

 

3/4 Wolseley Road Coogee

Issue

Comment

Causes additional size and non-provision of privacy screens is difficult to enforce

The size of the terrace has been reduced as a condition of consent and the resultant size will not result in any significant adverse impacts on the streetscape in relation to scale.

In relation to the provision of privacy screens, there are no privacy screens being installed as part of the application and it is considered that subject to compliance with the condition there is sufficient separation for the purposes of both visual and acoustic privacy protection.

Causes additional noise

The proposed development does not result in any significant overshadowing to the neighbouring properties.

 

Unidentified address

Issue

Comment

As a visually prime position, the design of all buildings on this site should be exemplary. The buildings should 'address' all aspects well from the north, south, east and west. Can you insist that an internationally recognised prize winning architect be commissioned?

The provisions of SEPP 65 required that the development be designed by a registered architect. This matter has been satisfied.

 

Key Issues

 

Building height

The RLEP standard is that the maximum height of the development not exceeds 12m and the RDCP control is that the maximum wall height be limited to a maximum of 10.5m above ground level (existing). The proposed balustrade will have a height of 10.25m (RL30.045) above the ground level (existing) - RL19.795 interpolated form the sections provided in the original application.

 

Roof design and visual and acoustic privacy

The proposed roof terrace is permissible under Cl 4.2vii) in Part C2 of the RDCP relating to Medium density development approved on site. The key objectives and controls are stated as follows:

 

Objectives

 

·      To ensure roof design integrates with the overall form, proportions and façade composition of the building.

·      To ensure any recreational use of the roof integrates with the built form and does not cause unreasonable privacy and noise impacts on the surrounding residences.

 

Control:

“vii) Terraces, decks or trafficable outdoor spaces on the roof may be considered only if:

 

·      There are no direct sightlines to the habitable room windows and private and communal open space of the adjoining residences.

·      The size and location of terrace or deck will not result in unreasonable noise impacts on the adjoining residences.

·      Any stairway and associated roof do not detract from the architectural character of the building, and are positioned to minimise direct and oblique views from the street.

·      Any shading devices, privacy screens and planters do not adversely increase the visual bulk of the building.”

 

Ø No 2A Wolseley Road (rear of the site)

The proposed roof terrace will have a direct sightline to the habitable room windows of the flat building to the rear at No. 2A Wolseley Road. However for the purposes of visual privacy protection the proposed roof terrace is approximately 18m away from the neighbouring properties habitable room windows which is considered to be suitable separation for the purposes of privacy protection as referenced by Part 2F of the Apartment design guide requirements issued by the DPE.

 

Ø No 4 Wolseley Road (south of the site)

Living room

The proposed roof terrace is within 12m of the adjoining flat building at No. 4 Wolseley Road however the trafficable area is approximately 3.2m from the approved southern elevation which restricts the ability for a direct overlooking into this neighbour’s living room window as shown in figure 2 below. However the proposed terrace will have an outlook into this apartments bedroom window as assessed below.

 

Figure 2: Plan excerpt showing the 1.65m high sightlines above the living room window header of No. 4 Wolseley Road.

 

Bedroom

 

The proposed terrace will have an outlook within 12m of the north facing bedroom window of the upper level flat at No. 4 Wolseley Road which is due to the shorter setback from the southern eastern elevation of the approved development. In order to ensure no direct sightlines into this bedroom window a condition is included requiring a reduction in the trafficable area to a maximum of 4m wide by  2.5m deep as shown in figure 3 below. The reduced area ensures a sufficient setback from the south eastern elevation of the approved development whereby sightlines are generally restricted to those above the bedroom windows header from 1.5m sightline.

Figure 3: Plan excerpt roof terrace shows in red arrow the sightlines from the roof terrace into the bedroom of No. 4 Wolseley Road. Also shown is the reduction in the trafficable area of the roof terrace to maximum depth of 2.5m to the blue lines and the resultant 4m setback from the south eastern elevation.

 

Acoustic privacy

 

The objectives for acoustic privacy in Part C2 of the RDCP are stated as follows:

 

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

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

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

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

 

The proposed roof terrace as conditioned to be reduced in area in combination with the increased setbacks from the southern elevations reduces both the capacity for large groups of people to be entertained within this area and the potential for sleep disturbance.

 

View assessment

 

The applicant has used photos taken from units 9 & 10 of No. 251-261 Oberon Street during the assessment of the original application for the purposes of a view loss assessment of the proposed development. The photos below show that the iconic views of Wedding Cake Island are being retained from the high use living rooms and balconies of these neighbouring apartments. The view loss is minor and it is considered that the proposed development satisfies the matters required to be considered as set out in the planning principle for view sharing by the Land and Environment Court in the case of Wehbe v Pittwater Council [2007] NSWLEC 827. The applicant also addresses the views loss likely to occur from unit 5/6 Wolseley Road as acceptable. It is noted that no submission have been received from these unit owners.

Sitting view from balcony of Unit 9/251-261 Oberon Street

 

Standing view from living room of Unit 9/251-261 Oberon Street. Red outline shows the approved development and the blue outline shows the proposed roof terrace.

Standing view from Unit 10/251-261 Oberon Street. Red outline shows the approved development and the blue outline shows the proposed roof terrace.

 

Having regard to the planning principle for view sharing, the views obtained from these apartments are of the ocean, an iconic view of Wedding Cake Island and the horizon view. These views are obtained from high use living and private open space areas. The extent of impact is minor and the likely impact will be reduced by the requirement for a reduction in the trafficable area of the roof terrace to 4m by 2.5m. The proposed roof terrace inclusive of balustrade will generally be consistent with the relevant controls and objectives in the RLEP and the RDCP having particular regard to building height, visual and acoustic privacy and solar access to neighbouring properties.

 

Overall, the proposed development is considered to be an appropriate form of development having regard to view sharing.

 

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 section 96 application has been assessed against relevant RLEP 2012 standards and Part C2 Medium Density Residential of the Randwick DCP 2013 and is considered to be acceptable subject to conditions being included. Approval of the section 96 modifications is recommended as it will be in line with the objectives of the abovementioned documents and will not result in any significant and unreasonable environmental impact on neighbouring properties in terms of overshadowing, views, site planning and privacy (as conditioned).

 

It is therefore considered that the proposed development is reasonable, subject to the recommended conditions attached to the DA compliance report.

 


 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify No. 160/2011 by revising the staircase layout and seeking a roof terrace at No. 2 Wolseley Road Coogee, in the following manner:

 

·             Amend Condition 1 to read:

1.       The development must be implemented substantially in accordance with the plans numbered 1.01, 1.02, 1.03, 2.01, 3.01 and 3.02 all revision A and all dated 28/09/11, the landscape plan LP-DA-01 Revision C dated 29/09/11, the application form and on any supporting information received with the   application, as amended by the following section 96 applications:

 

·             The Section 96 “A” plans numbered 1.01 and 2.01 all revision B and plan numbered 1.02 revision A, all dated 19/09/14 and received by Council on 24 September 2014,

 

·             The Section 96 “B” plans titled basement plan, ground level plan, Level 1 plan, Level 2 plan, Level 3 plan, Roof plan, all dated 31.07.2015, plan number 1.00, 3.02 all received by Council on 3 August 2015.

 

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

 

·             Add the following conditions:

 

Amendment of Plans & Documentation

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

 

a        The roof terrace shall be reduced in depth to a maximum depth of 2.5m as measured from the northern end of the terrace and reduced in width to a maximum width of 4m as measured from the western side of the terrace. Details showing compliance with this condition shall be submitted to Councils Manager of Development Assessment for approval prior to a Construction Certificate being issued for the section 96 modifications. Please note an access corridor from the amended stair layout to the amended trafficable roof terrace area is restricted to a maximum width of 1m.

 

b.       No umbrellas or awning structures are permitted on the roof terrace.

 


Attachment/s:

 

Nil

 


Ordinary Council                                                                                                         28 June 2016

 

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Director City Planning Report No. CP37/16

 

Subject:                  20 Chapman Avenue, Maroubra (DA/253/2016)

Folder No:               DA/253/2016

Author:                    Planning Ingenuity, Pty Ltd      

 

Proposal:                 Alterations and additions to the existing semi-detached dwelling house

Ward:                      Central Ward

Applicant:               Ms M V Decelis

Owner:                    Ms M V Decelis

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

 

Development Application Executive summary report

 

This application was assessed by external planning consultant and is referred to Council for determination as the architect is related to a Ranwick City Councillor and that Councillor also lives in Chapman Avenue.

 

Proposal

 

The proposal includes alterations and additions to an existing semi-detached dwelling house. A ground floor rear addition is proposed for a living room, and internal alterations to the kitchen. On the first floor, the existing study is to be made a bathroom.

 

Site

 

The site is located on the north-eastern side of Chapman Avenue. It has a site area of 241m2 and is relatively flat. Currently existing on the site is a two storey semi-detached dwelling as shown in Figure 1.

 

Figure 1: Existing development

 

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.

 

Key Issues

 

1.      Randwick LEP 2012

 

The subject site is zoned R3 Medium Density Residential under Randwick LEP 2012. The proposal development is classified as an alteration and addition and is permissible in the zone. The zoning objectives are addressed as follows:

 

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

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

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

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

·      To protect the amenity of residents.

·      To encourage housing affordability.

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

 

The proposal involves an extension of the rear living area to align with the adjoining semi and internal alterations to the first floor. The proposal meets the objectives of the zone by providing housing in a suitable form to the character and built form of the locality.

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.9:1

0.55:1

Yes

Height of Building (Maximum)

12m

8.2m

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant LEP and DCP controls, It will not have any adverse impact on the surrounding natural or built environment and is worthy of support.

 

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. 253/2016 for alterations and additions to the existing semi-detached dwelling house, at No. 20 Chapman Avenue, Maroubra, subject to the standard conditions contained in the development application compliance report.

 

 

Attachment/s:

 

1.

DA Compliance Report - 20 Chapman Avenue, Maroubra

Included under separate cover

  


Ordinary Council                                                                                                         28 June 2016

 

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Director City Planning Report No. CP38/16

 

Subject:                  21 Meehan Street, Matraville (DA/863/2015)

Folder No:               DA/863/2015

Author:                    Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                 Demolition of the existing dwelling, construction of part 2/part 3 storey attached dual occupancy with garages to front, swimming pools to rear and associated works (variation to floor space ratio control)

Ward:                      South Ward

Applicant:               Mrs B Surbevski

Owner:                    21 Meehan Street Pty Ltd

Summary

Recommendation:   Refusal

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application were assessed by external planning consultant and referred to Council for determination as an adjoining property owner is a Randwick City Council employee.

 

1.   Proposal

 

The proposal is for:

·      demolition of the existing dwelling house;

·      removal of existing vegetation;

·      minor earthworks;

·      construction of a part two and three storey attached dual occupancy; and

·      associated landscaping and site works.

 

A description of each dwelling by level is provided in Table 1. The proposal is illustrated in Figures 2 and 3.

 

Table 1: Proposed Uses by Level

Level

Use

Gross Floor Area (GFA)

Lower Ground Floor

gym/storage area

toilet

laundry

rainwater tank

swimming pool (rear yard)

 

42 sqm

Ground

master bedroom plus ensuite

3 x bedrooms

bathroom and toilet

single garage (front façade)

 

83 sqm

First Floor

open plan lounge/dining/kitchen

rear balcony

front entry porch

 

79 sqm

TOTAL

 

204 sqm

(for each dwelling)

 

 

Dwelling BGarageFront Entry PorchDwelling A

Figure 2 – Southwest (street) Elevation

 

Lower Ground LevelRear First Floor BalconyFront Entry Porch

Figure 3 – Southeast (side elevation)

 

2.   Background

 

On 9 February 2016, Council requested the applicant provide additional information in relation to tree removal, the driveway gradient, solar access, justification for the non-compliance with FSR development standard, potential privacy issues, gross floor area and landscape.

 

On 20 April 2016, the applicant submitted a response to Council’s additional information request. The only change to the proposal included a reduction to the gradient of the internal driveway to comply with Council maximum 7.15 per cent requirement, which resulted in the overall building height being increased by 200 mm.

 

3.   Site

 

The site is located on the eastern side of Meehan Street, approximately 60 m north of its intersection with Hillary Avenue, Matraville. The site has an area of 589 sqm with a frontage of 13 m to Meehan Street. It slopes down from Meehan Street to the rear boundary, representing a change in level of approximately 4 m. The site contains a two storey brick and fibro dwelling house with an elevated ground floor at the rear (refer to Figures 4 and 5).

 

The site is located in a residential area predominately characterised by one and two storey detached dwelling houses. The dwelling types vary from modern to older style residential development. Adjoining to the north is a part one and two storey brick dwelling house with a pitched tile roof (19 Meehan Street). Adjoining to the south is a part one and two storey brick and clad dwelling house with a pitched tile roof (23 Meehan Street). The properties adjoining the rear boundary contain dwelling houses addressing Anzac Parade.

 

Figure 4 – Existing dwelling house viewed from the street

 

Figure 5 – Existing dwelling house viewed from the rear yard

 


 

4.   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). The following submissions were received as a result of the notification process:

 

·      19 Meehan Street, Matraville

·      1157 Anzac Parade, Matraville

·      34 Hillary Parade, Matraville

 

The key concerns raised are summarized as follows:

 

Issues

Comments

19 Meehan Street

·       Loss of trees and resultant impacts on privacy, animal/bird habitat, soil erosion

·       Privacy impacts from windows on the northern side of the dwelling

·       Block cooling winds

·       Adverse impact on solar access

·       Loss of views

·       Noise pollution from air conditioner

·       Impact on street parking

 

Council’s Landscape Officer has advised that the trees to be removed are not endemic coastal species, and are not significant enough to warrant their retention.

 

Refer to Section 4 of this report in relation to privacy impacts.

 

The proposal is not likely to result in adverse ventilation impacts given the adequate building separation provided between the dwellings on the adjoining properties.

 

The subject site is located to the south of No. 19 Meehan Street, resulting in no overshadowing impacts to that property.

 

The loss of distant ocean views across the side boundary to the southeast would have a negligible impact. Refer to Section 4 of this report.

 

The potential noise impacts from air conditioners can be addressed by way of a condition.

 

The proposal includes two car spaces for each dwelling which complies with Council’s parking controls. The proposal is therefore acceptable in terms of car parking.

 

34 Hillary Parade

·       Negative impact on the amenity of the rear yard due to loss of privacy from the proposed balconies

·       The first level balconies should be no higher than the balcony on the existing house

 

 

 

Refer to Section 4 of this report In relation to privacy impacts.

 

1157 Anzac Parade

·       The excessive size of the rear balconies does not comply with Council’s controls and result in privacy impacts (visual and aural)

·       The balconies should be reduced in size to avoid adverse impacts in terms of loss of privacy, noise and visual bulk

·       Hedge planting should be provided along the rear boundary to provide privacy screening without affecting availability of light

·       Light spill

·       Potential noise impacts from pool plant and air conditioning units

·       Basement would be used for living space and not storage resulting in a non-compliance with Council’s FSR control

·       Estimated cost of the building at $495,000 including two swimming pools is inaccurate and reflects a substandard design

·       Impacts from asbestos during demolition

·       The excavation for the swimming pool is likely to be greater than 1.5 m and requires a geo-technical report.

·       Lack of details regarding the swimming pool in terms of lighting, drainage, flooding, fencing and tree overhangs

 

 

The potential privacy impacts associated with the rear first floor balconies is addressed in Section 4 of this report.

 

Any potential light spill to the adjoining properties can be addressed by condition.

 

The potential noise impacts from pool plant and air conditioners can be addressed by condition.

 

The non-compliance with the FSR is addressed in Section 4 in this report.

 

The applicant appears to have underestimated the cost of the development. The provision of an Registered  Quantity Surveyor’s Cost Report can be addressed by condition.

 

The potential risk associated with the demolition and removal of any asbestos on the site can be addressed by condition.

 

Council’s Development Engineer raised no concerns with the proposed excavation. 

 

 

5.   Key Issues

 

5.1   Non-compliance with the maximum FSR Control

The proposal contravenes the floor space ratio (FSR) development standard of Clause 4.4: Floor Space Ratio, contained within the Randwick Local Environmental Plan 2012 (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 applicant contends the proposal would have a total gross floor area (GFA) of 353 sqm, resulting in an FSR of 0.59:1. However, the GFA plans submitted with the application exclude the gym/storage area at the rear lower ground floor. Whilst partly below existing ground level, the gym/storage area does not constitute a ‘basement’ as defined in RLEP 2012 (i.e. the ceiling is more than 1 m above the existing ground level). Therefore the lower ground floor at the rear of each dwelling is included in the calculation of GFA, resulting in a total GFA of 408 sqm, which represents an FSR of 0.69:1. The proposed variation is summarized in the table below:

 

Clause

Required

Proposed

Compliance

Variation

4.4 (2)

Floor Space Ratio

0.5:1

0.69:1

No - Clause 4.6 variation submitted

118 sqm gross floor area or 40 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.

 

In summary, the applicant’s written request states that compliance is unreasonable and unnecessary because:

·      it provides a size and scale consistent with the desired future character of the locality as reflected by the maximum FSR of 0.65:1 for dwellings on similar sized allotments in the R2 zone;

·      it conforms to energy efficiency and thermal comfort requirements under the BASIX SEPP;

·      it is well articulated and incorporates a variety of materials and finishes providing an attractive presentation;

·      it does not adversely impact the amenity of adjoining properties in terms of visual bulk, loss of privacy, overshadowing or views;

·      it complies with the maximum building height envelope controls.

 

Assessing officer’s comment:

The applicant’s written request does not provide an acceptable justification because:

·      the proposal represents a significant variation of 40 per cent above the maximum FSR permitted for an attached dual occupancy, and also exceeds the maximum FSR permitted for single dwellings in the locality on similar sized lots, and therefore would not be consistent with the desired future character of the locality in terms of bulk and scale;

·      the form and massing of the development does not step down in response to the topography of the site;

·      the design lacks suitable articulation along the side elevations, resulting in unreasonable impacts upon the adjoining dwellings in terms of visual amenity;

·      the proposal exceeds the maximum 8 m external wall height control under RDCP 2013 at the eastern end of the development;

·      it would result in unreasonable privacy impacts to the adjoining properties.

 

The justification for the proposed contravention of Clause 4.4 Floor Space Ratio is not considered to be well founded and does not 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 applicant’s written request identifies an energy efficient design and the lack amenity impacts on the surrounding area as environmental planning grounds to justify contravention of the development standard. Compliance with the energy efficiency and thermal targets under the BASIX SEPP is a mandatory requirement and does not adequately justify why contravention of the development standard would be acceptable in this particular circumstance. Also, the proposal would result in unreasonable impacts upon the adjoining dwellings in terms of privacy and visual amenity. The applicant has provided insufficient environmental planning grounds to justify contravention of 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 inconsistent 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.

 

The contravention of the development standard represents an overdevelopment of the site, and it would be inconsistent with the desired future character of the area and have an unacceptable impact on the amenity of residents. The proposed development is therefore not in the public interest because it is inconsistent 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.

 

The applicant’s written request fails to adequately demonstrate that strict compliance with the development standard is unreasonable and unnecessary, and there is insufficient justification as to why contravention of the development standard would be acceptable in this particular circumstance. On that basis the applicant’s written request seeking an exception to the development standard is not supported.

 

5.2   Visual Privacy

The potential visual privacy impacts are addressed as follows:

 

First floor rear balcony

The proposed rear facing balconies form an extension to the internal living area and are likely to be areas of high usage by the future occupants. The proposed balconies would be elevated 5 m above the existing ground level with a depth of nearly 3m, resulting in direct views into the rear yard of the adjoining properties.

 

The applicant contends that the privacy impacts would be adequately mitigated by the privacy screens along the side elevations and provision of landscaping along the rear boundary.

 

The privacy screens would mitigate direct overlooking but also would exacerbate an already bulky built form when viewed from the adjoining properties. Notwithstanding the proposal’s general compliance with the setback controls in RDCP 2013, the potential privacy impacts are considered to be a result of the poor design, and could be addressed by an alternative design, which would maintain the amenity for future occupants and reduce potential privacy impacts to the adjoining properties. Also, landscaping should not be relied on as the sole protection against overlooking the adjoining property to the east. The proposal is therefore not supported on the basis of the unreasonable privacy impacts on adjoining properties. 

 

5.3   View Impact

Concern was raised by the owner/occupiers at the adjoining property to the north (No. 19 Meehan Street) in relation to the loss of distant oceans views to the south-east from the rear first floor balcony.

The general principle relating to view sharing identified in Tenacity Consulting v Warringah Council (2004) established a four-step process for considering the impact of a development on views.

1.  An assessment of the value of views to be affected by reference to their nature, extent and completeness.

2.  A consideration of how views are obtained and what part of the property the views are obtained from.

3.  A qualitative assessment of the extent of the impact in terms of severity particularly as to whether that impact is negligible minor, moderate, severe or devastating.

4.  An assessment of the reasonableness of the proposal causing the impact particularly in terms of compliance with applicable planning controls and whether a different or complying design must produce a better result. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable.

These view sharing principles are referred to for assessing the potential view impacts associated with the proposal. The rear first floor balcony extends off the primary internal living space for the dwelling at 19 Meehan Street. It currently has distant filtered and interrupted views of Malabar Headland and National Park to the east, and the ocean to the southeast (refer to Figure 6).

 

The proposed development would extend approximately 5 m beyond the rear alignment of the existing dwelling house on the subject site. Therefore, the distant oceans views across the side boundary to the southeast would be removed. However, the existing view constitutes a very narrow corridor through intervening vegetation and is barely discernible. The view is generally restricted to glimpses of the ocean and given the distance separation it is considered to be low value.

 

In this circumstance the extent of the view impact is negligible especially given the views to the east of Malabar Headland and the National Park are retained.

 

Distant ocean views to the southeast are currently available through the intervening vegetation

Figure 6 – View to the southeast from rear first floor balcony at No. 19 Meehan Street across the rear yard of the subject site

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal results in a significant contravention to the FSR development standard under RLEP 2012. The applicant’s written request for an exception to the FSR development standard is not well founded. The building design fails to respond to the topography of the site. The design also lacks suitable articulation to minimize the apparent mass of the building when viewed from the adjoining properties. The proposal would result in an unreasonable impact on the privacy and visual amenity of the adjoining properties and is not supported in its current form.

 

Recommendation

 

A.     That Council not support 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 does not comply with the objectives of the above clause, and will adversely affect the amenity of the adjoining properties, and that the Department of Planning & Environment be advised accordingly.

 

B.     That Council, as the consent authority, refuse its consent under Section 80 of the Environmental Planning and Assessment Act 1979 as amended, to Development Application No. 863/2015 in relation to the demolition of the existing dwelling and construction of a part 2 and 3 storey attached dual occupancy at 21 Meehan Street, Randwick for the following reasons:

 

1.     The proposal fails to satisfy the relevant objectives of R2 – Low Density zone under Randwick Local Environmental Plan 2012 in relation to the desired future character of the locality and the protection of residential amenity.

 

2.     The proposal exceeds the maximum floor space ratio of 0.5:1 specified in Clause 4.4 of Randwick Local Environmental Plan 2012 and the Clause 4.6 variation to the development standard is not well founded.

 

3.     The proposal fails to satisfy the relevant objectives of Building Design under Part C1 of the Randwick Comprehensive Development Control Plan 2013 in that the form and massing does not respond to the topography of the site and the design lacks suitable articulation resulting in unreasonable impacts upon the adjoining dwellings in terms of visual amenity.

 

4.     The proposal exceeds the maximum external wall height control under Part C1 of the Randwick Comprehensive Development Control Plan 2013.

 

5.     The proposal does not satisfy the visual privacy requirements under Part C1 of the Randwick Comprehensive Development Control Plan 2013 because it would result in unreasonable privacy impacts to the adjoining properties.

 

Attachment/s:

 

1.

DA Compliance Report - 21 Meehan Street, Matraville

Included under separate cover

 

 

 


Ordinary Council                                                                                                         28 June 2016

 

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Director City Planning Report No. CP39/16

 

Subject:                  608-610 Bunnerong Road, Matraville (DA/245/2016)

Folder No:               DA/245/2016

Author:                    Plandev Pty Ltd, Thomas Mithen      

 

Proposal:                 Subdivide the site into two Torrens Title lots (variation to minimum subdivision lot size control)

Ward:                      South Ward

Applicant:               Solutions Zane Land Use Planning Services

Owner:                    Ms J Cahill, Ms C M Cahill & Mr N K Snodgrass

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 external planning consultant and referred to Council for determination as the applicant was a Randwick City Council Planning Officer and the proposal has a variation to a development standard of greater than 105.


 

1.       Proposal

 

The proposal is for subdivision of the subject site into two torrens title lots comprising:

 

·      Lot A – 221.5 sqm

·      Lot B – 224 sqm

 

Refer to the proposed plan of subdivision in Figure 1.

 

Figure 1Proposed plan of subdivision

 

2.       Site

 

The subject site is located on the western side of Bunnerong Road approximately 25 m south of its intersection with Partanna Avenue at 608-610 Bunnerong Road, Matraville.

 

The site is legally described as Lot 112 DP 16138.

The site has an area of 433.6 sqm and a frontage of 12.19 m to Bunnerong Road and a boundary depth of approximately 35 m. The subdivision pattern in the immediate area is predominately characterised by 12 m wide allotments (refer to Figure 2).

 

The existing lot was created in 1929 as part of a wider subdivision of the surrounding land into 213 allotments. Council’s records indicate there was an application approved in 1930 for the construction of two shops and two dwellings on the subject site (BA/185/1930). No plans of the original construction are available within Council’s records.

 

Figure 2Existing subdivision pattern in the locality

 

The site contains a pair of two storey semi-detached premises with a shared dividing wall.

 

Proposed Lot A (No. 608) contains a residence currently being renovated in accordance with DA/91/2015. Proposed Lot B (No. 610) is currently used as a shop and dwelling.

 

Both premises have separate pedestrian access at the Bunnerong Road frontage of the site (refer to Figure 3).

 

 

 

 

 

 

 

608610

Figure 3Existing building on the site

 

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.

 

4.       Key Issues

 

4.1   Non-compliance with the minimum subdivision lot size

The proposal contravenes the minimum subdivision lot size development standard of Clause 4.1: Minimum Lot Size contained within the Randwick Local Environmental Plan 2012 (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:

 

Minimum Subdivision Lot Size Development Standard

Clause 4.1 states that the minimum lot size on the subject site is 400 sqm. The proposed subdivision would result in two lots with an area of 221.5 sqm and 224 sqm, which are less than the minimum lot size standard.  The proposed variation is summarized in the table below:

 

Clause

Required

Proposed

Compliance

Variation

4.1

Minimum Lot Size

400 sqm

221.5 sqm

(Lot A)

 

224 sqm

(Lot B)

No - Clause 4.6 variation submitted

178.5 sqm  (Lot A) (44.6%)

 

176 sqm (Lot B) (44%)

 

(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 minimum lot size standard are set out in clause 4.4(1) of RLEP 2012 as follows:

 

(a)      to minimise any likely adverse impact of subdivision and development on the amenity of neighbouring properties,

(b)   to ensure that lot sizes allow development to be sited to protect natural or cultural features, including heritage items, and to retain special features such as trees and views,

(c)    to ensure that lot sizes are able to accommodate development that is suitable for its purpose.

 

In summary, the applicant’s written request states that compliance is unreasonable and unnecessary because:

 

·      there would be no impact on amenity surrounding properties;

·      it represents a logical separation of both premises;

·      both premises have been physically divided since original construction;

·      it would retain the historical and cultural significance of the existing built form shops and dwellings;

·      it would provide a lot size suitable for the purpose;

·      it would be consistent with the prevailing character of semi-detached built forms in the area; and

·      there would be change to the existing appearance or function of the site.

 

Assessing officer’s comment:

The applicant’s written request provides an acceptable justification on the basis that the site accommodates two separate building entities, which have been divided since original construction. The proposed subdivision represents a logical division of the two buildings on the site. Despite the non-compliance with Council’s minimum subdivision lot size development standard, the proposal would not result in any change to the existing built form or the function of the site. Also, the proposed subdivision does not involve any physical works resulting in no impact on the amenity of surrounding properties.

 

The proposed contravention of Clause 4.1 Minimum Subdivision Lot Size 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 applicant’s written request identifies the compliance with relevant DCP controls and the lack of amenity impacts as environmental planning grounds to justify contravention of the development standard. The applicant also submitted aerial photos of the site with the development application dating back to 1943. These photos indicate that the original development was constructed and occupied as two separate entities, as evidenced by the central dividing wall between the two original shops and dwellings.

 

Whilst the property is rated as one entity by Council, it is addressed as 608 and 610 Bunnerong Rd in acknowledgement of the historical separation of the premises. Also, the essential services are provided separately to both premises. On that basis there are sufficient environmental planning grounds to justify contravention of the development standard in this particular circumstance. 

 

(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 minimum subdivision lot size 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: continue to provide residential accommodation on the site; not alter the existing built form or appearance of the site; not result in any material impact on the amenity of residents; encourage housing affordability by providing two separate dwellings, which can be sold as individual residences; and retain the existing shop premises at 610, which is used for small-scale business purposes.

 

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 minimum subdivision lot size within clause 4.1 of RLEP 2012.

 

Variation from the adherence to the numerical minimum subdivision lot size 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 contravention 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 would not alter the existing built form or the functions of the site. Furthermore, there would be no impact on the amenity of the surrounding residential area.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

Conclusion

 

The site accommodates two separate building entities, which have been divided since original construction. The proposed subdivision represents a logical division of the two buildings on the site.

 

Despite the non-compliance with Council’s minimum subdivision lot size development standard, the proposal would not result in any change to the existing built form or the function of the site. The proposed subdivision does not involve any physical works resulting in no impact on the amenity of surrounding properties.

 

The particular circumstances applying to the site would also ensure the proposed subdivision does not set an undesirable precedent for other similar sized residential sites in the locality.

 

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 4.1 minimum subdivision lot size of Randwick Local Environmental Plan 2012, relating to 608-610 Bunnerong Road, Matraville respectively, on the grounds that the proposed development complies with the objectives of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning & 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, to Development Application No. 245/2016 for subdivision of the property at No. 608-610 Bunnerong Road, Matraville into two torrens title lots, subject to the following standard conditions contained in the development application compliance report.

 

Attachment/s:

 

1.

DA Compliance Report - 608-610 Bunnerong Road, Matraville

Included under separate cover

 

 

 


Ordinary Council                                                                                                         28 June 2016

 

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Director City Planning Report No. CP40/16

 

Subject:                  Report for variation to Development Standard under State Environmental Planning Policy No. 1 (SEPP 1) and Clause 4.6 between 13 May - 15 June 2016

Folder No:               F2008/00122

Author:                    Kerry Kyriacou, Acting Director City Planning       

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of variations to development Standard. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under SEPP1 and Clause 4.6;

 

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP1 and Clause 4.6 to be determined by full council (rather than the general manager or nominated staff member);

 

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP1 and Clause 4.6;

 

4)     Making the register of development applications determined with variations in standards under SEPP 1 and Clause 4.6 available to the public on council’s website.

 

This report is in response to point 3) above. A table is attached to this report detailing all SEPP1s and Clause 4.6 exceptions approved in the period between 13 May, 2016 to 15 June, 2016 – six (6) were approved during this period by Planning Committee Meeting, Ordinary council Meeting or under Delegation Authority.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:     New and existing development is managed by a robust framework.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP1 objections and Clause 4.6 exceptions. This report is in response to one of those.

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1.View

Clause 4.6 Register - 13 May to 16 June 2016