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Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 14 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                    14 June 2016

 

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Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 14 June 2016 at 6:00 p.m.

 

 

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

 

Quorum:                           Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 10 May 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Development Application Reports (record of voting required)

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

D43/16     2 Pearce Street, South Coogee (DA/561/2015) - Deferred...... 1

D44/16     54 Marine Parade, Maroubra (DA/801/2015) - Deferred........ 57

D45/16     1 Daintrey Crescent, Randwick (DA/99/2016) - Deferred.... 103

D46/16     4R Coast Hospital Road, Little Bay (DA/982/2007/A).......... 201

D47/16     43 Boundary Street, Clovelly (DA/10/2016)........................ 211

D48/16     41 Cuzco Street, South Coogee (DA/237/2015/A)............... 217

D49/16     22-28 Gardeners Road, Kingsford (DA/915/2015)............... 223

D50/16     163 Arden Street, Coogee (DA/839/2015).......................... 257

D51/16     5-15 Cawood Avenue, Little Bay (DA/39/2016) (JRPP)........ 303

D52/16     51-51A Oswald Street, Randwick (DA/437/2015)................ 309

Miscellaneous Reports

Nil    

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                    14 June 2016

 

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Development Application Report No. D43/16

 

Subject:                  2 Pearce Street, South Coogee (DA/561/2015) - Deferred

Folder No:               DA/561/2015

Author:                    Frank Ko, Coordinator Fast Track      

 

Introduction

 

The application was assessed by external consultant and referred to Council for determination as one of the affected properties is owned by a Council employee.

 

The proposed development seeking consent to demolish existing structures and construct of a new part two and part three storey single residential dwelling at 2 Pearce Street, South Coogee was recommended for approval and reported to the Ordinary Council Meeting on 24 May 2016. At the meeting it was resolved:

 

“(Matson/Shurey) that this application be deferred as the main objector cannot attend tonight’s meeting due to an unforeseen family issue and lack of adequate notice.”

 

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

 

As per the resolution, the application is referred to the Planning Committee for determination.

 

Recommendation

 

A.       That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.4 of Randwick Local Environmental Plan 2012, relating to Floor Space Ratio respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Infrastructure be advised accordingly.

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/561/2015 for demolition of all structures on site and construction of new 3 storey dwelling house including new boundary fence, associate site and landscape works, at No. 2 Pearce Street, South Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

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

 

a)       The height of the driveway gate must not be more than 1.2m above the proposed driveway level. The remainder of the front fence on Pearce Street boundary must not be higher than RL35.48.

b)       The horizontal slats of the front fence and gate must be at least 30% open.

c)       The Landscape Plan by Conzept Landscape Architects, dwg no’s LPDA 15-124/1B – 3, issue B, dated 03/11/15, shall be amended to ensure consistency with the approved Architectural Plans and relevant conditions.

d)       The finished ground level of the elevated north western portion of the rear yard must not be more than RL33.69. 

e)       A privacy screen, having a height of 1.6m above floor level, must be provided to the whole length of the western edge of the rear ground floor balcony (adjacent to the BBQ area). The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

Attachment/s:

 

1.View

Execuitve Report - 2 Pearce Street, South Coogee

 

2.View

DA Compliance Report - 2 Pearce Street, South Coogee

 

 

 

 


Execuitve Report - 2 Pearce Street, South Coogee

Attachment 1

 

 

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Director City Planning Report No. CP23/16

 

Subject:                  2 Pearce Street, South Coogee (DA/561/2015)

Folder No:               DA/561/2015

Author:                    Barker Ryan Stewart, Pty Ltd      

 


Proposal:                 Demolition of all structures on site and construction of new 3 storey dwelling house including new boundary fence, associate site and landscape works (variation to floor space ratio control)

Ward:                      East Ward

Applicant:               Red Gum Town Planning Services

Owner:                    Mr T M S Foo & Mrs S S C Foo

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 Consultant and referred to Planning Committee for determination as one of the affected properties is owned by a Council employee.

1.  Proposal

 

The proposed development will include demolition of the existing dwelling and associated structures and construction of a new part two and part three storey single residential dwelling. 

 

The development will include four bedrooms, a combined kitchen/dining room and three family/lounge rooms. The upper levels both include balconies, the lower level opens onto a terrace and private open space.

 

The proposal includes a double garage to the front of the dwelling and a front fence and gate.

 

The plans have been amended in accordance with Council comments. This assessment is based on the amended plans dated 10 March 2016.

 

The applicant has revised the plans to reduce the overall FSR and height, reduce the depth of the second level balcony to minimize circulation space and increase the rear setbacks.

2.  Site

 

The site is a regular shape with a frontage of 12.19m to Pearce Street, a depth of 37.42m and has a total site area of 455.3m².

 

To the east is a single storey residential dwelling, to the west is a three storey residential flat building and a three storey dwelling and to the north are two single dwellings.

 

The area is generally characterized by large single dwellings and multi-unit developments. The site is within 2km of Coogee Beach and 4km of Randwick Junction.

 

The below photographs show the subject site and surrounding development.

 

IMG_7706

Figure 1: Subject site at 2 Pearce Street with current dwelling.

 

IMG_7704

Figure 2: Adjacent properties on Pearce Street.

Figure 3: Neighbouring properties on the western site of Pearce Street.

 

3.  Randwick Local Environmental Plan 2012 (RLEP 2012)

 

The DA requires consideration of a variation to the development standard for maximum floor space ratio.

 

The following table considers the proposed development having regard to the development standards contained in the RLEP 2012 that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning

The site is zoned R2 – Low Density Residential. The proposal is consistent with the objectives of the zone having regard to the relevant matters discussed throughout this report.

Yes

Floor Space Ratio (Maximum)

0.65:1

0.675:1

No

 

Height of Building (Maximum)

9.5m

9.5m

Yes

Development within the coastal zone

The proposal is consistent with the objectives of the clause. The development will not impact on the natural environment, views or access to or from the foreshore, or negatively impact on water quality.

 

Yes

Foreshore Scenic Protection Area

The site is within the Foreshore Scenic Protection Area. The proposal is consistent with the objectives of the clause as it:

 

-    Will not negatively impact on the natural landscape or visual qualities;

-    Does not impeded on public views;

-    Is not visible from public viewing areas, parks or the foreshore; and

-    The design contributes to the amenity of the local area.

Yes

Refer to the Clause 4.6 request to vary a development standard for justification for exceeding the FSR limit.

4.  Request to vary development standard

 

Clause 4.4 – Floor Space Ratio

The proposal contravenes the maximum floor space ratio (FSR) contained in clause 4.4 of RLEP 2012. The applicant has submitted a written request seeking to justify the contravention of the standard pursuant to Clause 4.6 of RLEP 2012.

 

The proposed variations is summarized in the table below:

 

Clause

Required

Proposed

Compliance

Variation

4.4 Floor space Ratio

0.65:1

0.675:1

No

4% (11.73m2)

 

(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 subclause (3), and

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

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

 

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

 

(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 FSR standard are set out in clause 4.4 (1) of RLEP 2012 as follows:

 

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

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

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

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

 

The applicants’ written justification is generally in accordance with the Department of Planning and Infrastructures’ Varying Development Standards: A Guide. The justification for each variation can be found in the table below.

 

The applicant’s written justification indicate the following key arguments for variation to the FSR standard

Floor Space Ratio

The following constitutes a written request for an exception to development standards under Clause 4.6.

 

Clause 4.4 Floor Space Ratio and the accompanying maps identify a maximum floor space ratio of 0.65:1 (295.945m). The total proposed calculable floor space on the site is 307.48m. Over a site area of 455.3m this represents a floor space ratio of

0.67:1. The proposed FSR exceeds the maximum by 11.73m (4%).

 

a) The objectives of the floor space ratio development standard are listed under

Clause 4.4 of Randwick LEP 2012. It is contended that strict compliance with the development standard is unreasonable or unnecessary in this circumstances of the case as addressed further below. The reasonableness or necessity for compliance

with the development standard has been assessed against each of its objectives

below:

 

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

future character of the locality,

 

As detailed further in the accompanying statement of environmental effect the application site sits within a street containing a variety of dwelling forms and types on

a lot pattern varying from approximately 300m2 up to 600m2. The built form is quite varied in terms of scale and presentation to the street with single storey cottages being observed up to three storey dwellings of considerable mass and form. The proposed new dwelling is only marginally higher than the existing dwelling on the site and is of a scale comparable to and in some instances considerably smaller than that observed in the locality.

 

Further it is noted that the operation of Clause 4.4 of Randwick LEP 2012 is somewhat inequitable in the gradations of the awarding of floor space based on lot size. The intent of the sliding scale provided in subclause 2A is to allow a reasonable intensity of development on smaller lots to allow the dwelling needs of occupants to be met yet not allow them to be unduly dominant or bulky relative to their lot size. In

doing so however the ‘steps’ provided in subclause 2A allow for example, on a lot size of 451m a total of 293m GFA whereas on a site of an indiscernibly smaller size at 449m up to 336m GFA could be provided. The application site is only just above the 450m step (at 455m) and were the site area only 6m smaller the proposal would be fully compliant with the floor space ratio control. This assists in supporting the inherent reasonableness of the proposed variation.

 

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

energy needs,

 

The proposed new dwelling has been architecturally designed to provide a high degree of modulation and visual interest. The proposal also incorporates passive solar and energy design features and includes generous floor to ceiling heights and opportunities for cross ventilation to allow for minimal reliance on mechanical ventilation and to take advantage of cooling easterly breezes in warmer months. The exceedance of the maximum floor space ratio control by a minor amount does not compromise the achievement of this objective.

 

(c) to ensure that development is compatible with the scale and character of

contributory buildings in a conservation area or near a heritage item,

 

The proposed new dwelling is not located near or within the visual catchment of any contributory buildings in a conservation area or near a heritage item. The proposed

FSR provided on the site will sit comfortably within the established scale and character of the area.

 

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

 

The proposed new dwelling will not adversely impact on the amenity of adjoining and

neighbouring land in terms of visual bulk, loss of privacy, overshadowing or loss of views. The proposal has been designed so as to provide adequate front, side, and rear setbacks, respond to the sloping topography of the site and minimise vertical projection so as to maintain key water views enjoyed by surrounding properties. The exceedance of the FSR control by 11.73m will be visually imperceptible and will not exacerbate any amenity impacts on neighbouring properties.

Planning Grounds

b) Sufficient environmental planning grounds exist to vary the FSR of the building development standard as:

·      There will not be any adverse impacts for adjoining sites as a result of this proposal and the proposal will not unacceptably increase the actual or perceived bulk or scale of the building.

·      The proposal will result in a well designed and appropriately proportioned and scaled built form. The resultant dwelling will continue to make a positive contribution to the streetscape and character of the area.

Zone objectives

With respect to the requirement for satisfaction as to whether the proposed variation

is within the public interest and 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 R2 zone objectives 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 proposal will provide for the housing needs of the community in a manner that maintains the low density character of area. The proposal will provide for an appropriate level of amenity for future and existing residents and is considered to be consistent with the zone objectives.

 

In the circumstances of the case, the variation to the development standard satisfies the objectives of the standard and the zone. The Clause 4.6 exemption demonstrates that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard. The concurrence of the Director General of the Department of Planning will be obtained by Council.

 

(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 has successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

 

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

 

(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 both the zone and the FSR standard.

 

The objectives for development within the zone in which the development is proposed to be carried out (R2 Low Density Residential zone) are:

                                                                                                           

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

·      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.

 

The objectives for the development standard are:

 

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

(b) to ensure that 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.

 

It is considered that the proposed development is consistent with the relevant objectives because it provides a well-designed, low density residential dwelling within the coastal context. The proposal will result in only a minor variation the FSR, the design is well articulated and responds the environment and the development is consistent with surrounding dwellings and the future desired character of the area. Finally, potential amenity impacts on neighbouring properties have been mitigated through the considered redesign of the proposal.

 

(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.

 

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 the maximum allowable FSR of buildings in clause 4.4 of RLEP 2012.

 

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

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. However, strict adherence to the numerical standard will be unnecessary in this case for maintaining the built forms envisaged under the LEP for the site and locality.

5.  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 Wisdom Street, Coogee

·      55 Denning Street, Coogee

 

Issues

Comments

View loss – The proposed development may result in a reduced view for neighbours to the west.

In response to submissions and the view loss assessment, Council requested the proposal be amended to reduce the potential view loss impacts for neighbours.

 

The applicant has revised the development to:

-    Reduce the rear 2nd floor balcony and associated privacy screen;

-    Reduced the FSR and height; and

-    Increase the rear setback.

 

These amendments have reduced the potential impact on the neighbouring dwellings. The view loss impact caused by the revised development is minor, refer to the view loss assessment for further detail.

 

Privacy – The rear balconies and terrace will result in overlooking into the northern properties living room and backyard. The following change should be made:

Second floor balcony

-    Reduce the size of the balcony to 2m x 5m (from 3.21m x 5.76).

-    Provide opaque balustrades.

First floor balcony

-    Provide opaque balustrades.

Rear boundary Fence

-    Provide additional screening, of 1m along the rear fence.

The proposed development’s windows and balconies are generally orientated towards the north east, over the rear neighbouring sites, towards the ocean and Coogee Beach.

 

In response to submissions and the initial assessment Council requested the proposal be amended to reduce the potential visual privacy impacts for the rear neighbour.

 

The applicant has revised the development to:

-    Increase the rear setback;

-    Reduced the depth of the 2nd floor balcony; and

-    Reduced the FSR.

 

These amendments have reduced the potential impact on the neighbouring dwellings. It is considered that the privacy impact from the revised development is reasonable. Therefore, the additional opaque balustrade is not necessary in this instance.

Height – The development exceeds the maximum height limits, while the internal heights could easily be reduced.

In response to submissions and the initial assessment Council requested the proposal be amended.

 

The proposed development now has a height of 9.5m, which is in accordance with the LEP.

 

This amendment has reduced the potential view loss and privacy impact.

 

Ground floor level – The backyard ground level is going to be raised which may impact the rear fence and reduce privacy. The submission requested an additional 1m screening above the rear fence for privacy.

 

 

Part of the rear lawn area adjacent to the north western side of the lower ground terrace (see sheet 06) is raised to RL34.16 from RL33.69 (as shown in the survey plan). This is inconsistent with the RL shown on the Landscape Plans.

 

An appropriate condition has been included to ensure the finished ground level of the elevated north western portion of the rear backyard is not higher than the existing ground level of RL33.69. Therefore, additional screening on rear fence is required.

 

Rear garage – Please provide a dilapidation report for the northern neighbours fence and western neighbours plants.

A Dilapidation Report for the boundary fences and landscaping will be required as a condition of consent.

Front Setback – the development would result in a better planning outcome if the front setback was reduced and the rear setback was increased.

In response to submissions and the initial assessment Council requested the proposal be amended to reduce the potential visual privacy impacts for the rear neighbour.

 

The proposed development has retained the 6m front setback in accordance with the Randwick DCP and increased the rear setback to 11.7m.

 

The increased setback will reduce the potential view loss and visual privacy impacts on the neighbours. A reduction of the front setback is not practical for the driveway and garage design in this instance.     

 

6.  Key issues

 

View Sharing

 

View loss assessment

 

Sharing of views is a design performance requirement in Council’s Low Density Residential Development Control Plan.

 

A view loss assessment was undertaken, the applicant provided height poles as per Council’s request. However the Surveyor verified that the height poles were higher than the proposed building. The height poles have not been relied upon for this assessment.

 

The following images and assessment are based on plans and dimensions of the proposed height and depth with a comparison between the proposal and the existing dwelling.

 

The revised proposal has an overall building height of RL42.77 and the existing dwelling has a ridge height of RL42.5, this is an increase of 0.27m. Figure 4 shows the southern elevation of the proposed dwelling and a comparison with the existing dwelling, which is indicated in grey hashing. 

 

Plan Extract - Height

Figure 4: Extract from Architectural Plans indicating height of existing and proposed dwellings

 

The revised proposal has a rear setback of 11.6m and the existing dwelling has a rear setback of approximately 16m, this is an increase of approximately 3.4m. Figure 5, shows the western elevation of the proposed dwelling in comparison to the existing dwelling, which is indicated in grey hashing. It indicates that the proposed dwelling falls short of the existing rear deck.   

 

Plan Extract - DEPTH

Figure 5: Extract from Architectural Plans indicating depth of existing and proposed dwellings

 

An assessment of the proposed development and its impact on views is carried out in accordance with the Land and Environment Court planning principle after Roseth SC pp.25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

Step 1: “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.”

 

The subject site is located within the foreshore scenic protection area. Two submissions have been received from a neighbouring property to the west in relation to view loss. Views from the subject property were investigated to determine if the proposal will result in any view loss impacts:

 

·      55 Denning Street, South Coogee

 

Council’s independent consult undertook an assessment of the view sharing impacts and the above affected property has been visited.

 

The aerial photograph in Image 3 below identifies the property whose view may be affected by the proposed development. The subject site is identified in green, the property with potential view loss impacts is identified in red and the arrows indicate the direction of the views. The blue area indicates the approximate location of the proposed dwelling based on the setback dimensions.

 

The views are obtained in a north easterly and easterly direction across the backyard and rooftop of the subject site. The views include ocean views and rooftops, the Wedding Cake and views of Coogee headland and interface with the ocean. Some of the views are partially blocked by existing development and vegetation from various levels of the building.

 

The ocean views, Coogee Headland and Wedding Cake are valued, the Wedding Cake is considered to be an iconic view within the Coogee area.

 

VIEW LOSS MAP

Figure 6: Site analysis plan identifying views currently enjoyed.

 

The existing views currently available to the neighbouring properties in question are described below:

55 Denning Street, South Coogee

No. 55 Denning Street is located to the west of the subject site. The property appears to be single storey from Denning Street, however steps down with the site containing a total of three storeys, each with balconies and large windows orientated towards the east and north east to capture views. The ground floor level at the rear has an outdoor entertainment area, while the backyard steps down another level. The views are obtained in a north easterly and easterly direction generally above the side boundary and roof top of the subject site and more easterly properties. The existing roof of the subject site is also viewed from the property.

 

Views to the north east will not be impacted by the proposed development. The views to the east will be partially obstructed by the development.

 

The property is generally orientated towards to the east, with large windows and balconies orientated to the east and north east to capture views. The outdoor areas have views to the ocean and wedding cake.

55 Denning

Figure 7: Easterly view of 55 Denning Street, South Coogee.  

 

55 Denning Street

 

Second level

Views of the ocean and Wedding Cake are obtained from the upper level living area and balcony in a standing and sitting position.

 

With consideration of the dimensions of the proposed development noted above these photographs indicate that the development will take up only part of the ocean views and that views of the Wedding Cake will not be impacted.

 

IMG_7768

Figure 8: View from the balcony facing east looking over the subject sites roof and rear yard.

 

3B

Figure 9: View from the dining room facing north east towards the wedding cake and Coogee headland and water interface.

First level

Views of the ocean are obtained from the balcony and main bedroom in a standing and sitting position.

 

The red dashed line indicates the approximate location of the rear boundary of the subject site.

 

With consideration of the dimensions of the proposed development noted above, these photographs show that although some ocean views will be impacted, significant views of the land water interface and Wedding Cake will not be impacted. 

 

IMG_7757

Figure 10: Rear view from the balcony facing east, looking over the subject sites roof and backyard.

 

IMG_7756

Figure 11: Rear view facing north east, looking over part of the subject sites backyard and other neighbouring properties roof lines. 

Ground Level

Partial views of the ocean are obtained from the eastern/rear ground level terrace in a standing and sitting position.

 

With consideration of the dimensions of the proposed development noted above these photographs show that although some ocean views will be impacted, the majority of views will be retained. (The wedding cake is out of frame to the left).

 

IMG_7758

Figure 12: View from the ground level terrace, over the subject sites rear yard and roofline to the ocean.

Lower lever backyard

Partial views of the ocean are obtained from backyard in a standing position.

 

With consideration of the dimensions of the proposed development noted above this photograph shows that although some ocean views will be impacted, significant views of the land water interface and Wedding Cake will not be impacted by the development.

 

IMG_7762

Figure 13: View from the backyard, over the subject sites rear yard to Coogee headland, the Wedding Cake (partially covered by a tree) and ocean.


Step 3: “The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

55 Denning Street, South Coogee

Viewing area

Extent of impact

Third Storey (Denning Street ground level)

The views are generally from a standing and sitting position within the living area and balcony, over the side boundary of 53 Denning Street and the rear boundary of No 55. The view is a distant sky-water interface over the roof of 2 Pearce and the Wedding Cake and Coogee Headland over 3-5 Wisdom Street. 

 

The degree of the impact is considered to be minor, given the loss over the roof top is a small portion of the view and less valuable than the wedding cake and Coogee headland.

Second Storey

The views are from a standing and sitting position from the outdoor balcony and main bedroom, over the rear boundary in a north easterly and easterly direction. The view is a sky-water interface over rooftops.

 

The degree of the impact is considered to be minor, given the loss over the roof top is a small portion of the view and less valuable than the Wedding Cake and Coogee headland. Further the view is from a bedroom and the neighbour’s side boundary. 

First/Ground Storey

The views are from a standing and sitting position from the outdoor terrace area, over the rear and side boundary in a north easterly and easterly direction. The view is a sky-water interface over the subject sites roof top and the Wedding Cake and Coogee headland further north.

 

The degree of the impact is considered to be minor to moderate, given the loss over the roof top is a small portion of the view and less valuable than the Wedding Cake and Coogee headland which will be retained.

Backyard

The views are from a standing position from the backyard, over the side boundary in a north to north easterly direction over the roof tops of 3 and 5 Wisdom Street. The view is a sky-water interface, the Wedding Cake and Coogee headland to the north.

 

The degree of the impact is considered to be minor, given the loss is a small portion of the view and less valuable than the Wedding Cake and Coogee headland which is retained. 

 

Step 4: “The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

Based on the above analysis, it is anticipated that the proposed development will not result in a significant material impact on the scenic views currently available to the property at 55 Denning Street, South Coogee. The views currently enjoyed from the property will be affected, however this impact is considered to be minor. This rating applies because the significant views of Coogee headland and the Wedding Cake will not be impacted, the impacted views are a small section of ocean and water sky interface and the views are over the neighbour’s side boundary.

 

The architectural character, size and scale of the proposed building is consistent with the surrounding locality. The bulk and scale of the proposed building is consistent with the desired future character of the locality in terms of built form.

 

The proposed development complies with the height and setback requirements for the zone. The proposal does include a minor variation to the FSR of 4%, however, this is considered to be reasonable in accordance with Clause 4.6 justification.

 

The applicant has redesigned the development to achieve an acceptable level of view sharing for both the subject site and the neighbouring property to the west. There is little opportunity to redistribute the floor space within the development in a manner that significantly improve the view impact without resulting in other amenity impacts on neighbouring properties and the subject site.

 

The proposal is considered reasonable having regard to the Tenacity principle and the view sharing objectives of the DCP 2013. Accordingly, the resultant view loss impact is justified in this regard.


Visual Privacy

 

The view sharing objective is:

 

·      To ensure development minimise overlooking or crossviewing to the neighbouring dwellings to maintain reasonable levels of privacy

 

The view sharing controls are:

 

i)        All habitable room windows must be located to minimise any direct viewing of existing habitable room windows in adjacent dwellings by one or more of the following measures:

-    Offsetting or staggering windows away from those of the adjacent buildings.

-    Setting the window sills at a minimum of 1600mm above finished floor level.

-    Installing fixed and translucent glazing up to a minimum of 1600mm above finished floor level.

-    Installing fixed privacy screens outside the windows in question.

-    Creating a recessed courtyard on the side elevations of a building measuring not less than 3m x 2m in dimensions, with windows opening towards the courtyard in lieu of the common boundary.

ii)       The windows to the living areas must be oriented away from the adjacent dwellings where possible. In this respect, they may be oriented to:

-    Front or rear of the allotment

-    Side courtyard

iii)      Focus upper floor balconies to the street or rear yard of the site. Any elevated balconies or balcony returns on the side facade must have a narrow width to minimise privacy impacts on the adjoining properties.

NOTE: ‘Living Areas’ are indoor space occupied for extended periods of time such as a living room, lounge room, dining room, family room and/or other open plan living areas.

iv)      Where a balcony, deck or terrace is likely to overlook the private open space or windows of the adjacent dwellings, privacy screens must be installed in positions suitable to mitigate the loss of privacy. Privacy screens must be permanently fixed and have a minimum height of not less than 1600mm as measured from the finished floor level. Privacy screens must achieve a minimum of 70% opaqueness and may be constructed with:

-    Translucent or obscured glazing

-    Fixed timber or metal slats mounted horizontally or vertically

-    Fixed vertical louvres with the individual blades oriented away from the private open space or windows of the adjacent dwellings

v)       Screen planting and planter boxes may be used as a supplementary device for reinforcing privacy protection. However, they must not be used as the sole privacy protection measure.

vi)      For sloping sites, any ground floor decks or terraces must step down in accordance with the landform, and avoid expansive areas of elevated outdoor recreation space.

 

The proposed development orientates the windows and balconies towards the north east to take advantage of ocean views. This will result in potential overlooking of the neighbouring site to the rear. A number of measures have been implemented to reduce the potential for overlooking.

 

The development will result in minimal habitable room to habitable room privacy impacts between neighbouring properties. The neighbour to the east has a lower ground level and windows are generally below the fence line. While there is minimal impact for rear neighbours who, together with the subject site, have a significant setback from the rear boundary.

 

The upper level balconies face the rear yard to the north east. This may result in some overlooking of the rear neighbours private open space. The proposal has been redesigned to reduce the potential for overlooking from the balconies through an increase to the rear setback and reduced balcony size. 

 

Privacy screening is provided to the western side of the balcony to improve privacy for residents and western neighbours. No privacy screening is provided to the north-east as this would reduce ocean views.

 

The outdoor terrace area is generally at ground level.

 

The proposed development was redesigned in response to Council’s concerns about the neighbours’ visual privacy. The amended design includes a reduced upper level balcony, reduced height and FSR and an increase to the rear setback. It is considered that the amended development will result in reduced overlooking and loss of privacy.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The subject site is located within the R2 Low Density Residential zone under the Randwick Local Environmental Plan 2012. The proposed development, being for a three storey residential dwellings, double garage and landscaped garden is permissible with consent in the zone.

 

Two (2) submissions were received during the exhibition period. The matters raised in the submissions related to the potential for loss of 1) views and 2) visual privacy. These matters have been addressed in the report and in the redesign of the original development.

 

The application has been assessed having regard for Section 79C (1) of the Environmental Planning and Assessment Act 1979, together with the provisions of the Randwick Local Environmental Plan and all relevant Council DCPs. Following detailed assessment is it considered that the Development Application No. DA/561/2015 may be support.

 


 

Recommendation

 

A.       That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.4 of Randwick Local Environmental Plan 2012, relating to Floor Space Ratio respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Infrastructure be advised accordingly.

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/561/2015 for demolition of all structures on site and construction of new 3 storey dwelling house including new boundary fence, associate site and landscape works, at No. 2 Pearce Street, South Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

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

 

a)       The height of the driveway gate must not be more than 1.2m above the proposed driveway level. The remainder of the front fence on Pearce Street boundary must not be higher than RL35.48.

b)       The horizontal slats of the front fence and gate must be at least 30% open.

c)       The Landscape Plan by Conzept Landscape Architects, dwg no’s LPDA 15-124/1B – 3, issue B, dated 03/11/15, shall be amended to ensure consistency with the approved Architectural Plans and relevant conditions.

d)       The finished ground level of the elevated north western portion of the rear yard must not be morer than RL33.69. 

e)       A privacy screen, having a height of 1.6m above floor level, must be provided to the whole length of the western edge of the rear ground floor balcony (adjacent to the BBQ area). The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

 

 


Attachment/s:

 

1.

DA Compliance Report - 2 Pearce Street, South Coogee

Included under separate cover

 

 


DA Compliance Report - 2 Pearce Street, South Coogee

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/561/2015

PROPERTY:     

 

2 Pearce Street, SOUTH COOGEE  NSW  2034

Proposal:

Demolition of all structures on site and construction of new 3 storey dwelling house including new boundary fence, associate site and landscape works (variation to floor space ratio control).

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.      SEPPs

 

The proposed development is BASIX compliant, in accordance with the BASIX Certificate No. 603894S­_03, dated 17 March 2016.

 

2.      Randwick LEP 2012

 

The subject site is zoned R2 Low Density Residential under Randwick LEP 2012. The proposal development is classified as a residential dwelling and is permissible in the zone. The zoning objectives are addressed as follows:

 

·      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 proposed development is generally consistent with the surrounding low density residential development. The modern design contributes to the streetscape, which is undergoing transition from the original interwar dwellings toward large single dwellings and multi-dwelling residences.

 

Due to the nature of the area, sloping site and small lots the proposal will result minor view loss and privacy issues for surrounding neighbours. It is considered that these impacts have generally been mitigated through the redesign of the building, including a reduced FSR, height and rear balcony, as well as an increased rear setback.

 

The proposed development application is recommended for approval.

 

The following Clauses of RLEP 2012 apply to the proposal:

 

 

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.65:1

0.675:1

No

 

Height of Building (Maximum)

9.5m

9.5m

Yes

A Clause 4.6 Exception to Development Standards justification was provided to address the floor space ratio variation. 

 

Two written submissions were received, the issues raised are generally addressed in this report and in more detail in the

 

3.      Randwick Comprehensive DCP

 

3.1     C1 Table:  Low Density Residential

 

Randwick Development Control Plan

 

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

 

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

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning = R2 Low Density

Yes

2

Site planning

 

 

2.3

Site coverage

 

451 to 600 sqm = 50%

 

Site = 455.3m2

Existing = 151.5m2

Proposed = 32.7% (149.3m²)

Yes

2.4

Landscaping and permeable surfaces

 

i) 451 to 600 sqm = 30%

ii)    Deep soil minimum width 900mm.

iii)   Maximise permeable surfaces to front

iv)   Retain existing or replace mature native trees

v)    Minimum 1 canopy tree (8m mature). Smaller (4m mature) If site restrictions apply.

vi)   Locating paved areas, underground services away from root zones.

Site = 455.3m2

Proposed deep soil = 136.59m2 (30%)

 

The landscaping will include a number of small shrubs and one tree.

 

Yes

2.5

Private open space (POS)

 

Dwelling POS

 

 

 

451 to 600 sqm = 7m x 7m

 

Site = 455.3m2

Existing = 160m2

Proposed = 49m2

Yes

3

Building envelope

3.1

Floor space ratio LEP 2012 = 0.65:1

Site area = 455.3m2

Proposed FSR = 0.675:1

No

3.2

Building height

 

 

 

Maximum overall height LEP 2012  = 9.5m

Existing = 8.52m

Proposed = 9.5m

Yes

 

i)   Minimum floor to ceiling height = 2.7m

ii)  Sloping sites = 8m

iii) Merit assessment if exceeded - An alternative design that variates from the above external wall height controls may be acceptable having regard to the following consideration:

-    Site topography

-    Site orientation,

-    Allotment configuration,

-    Allotment dimensions,

-    Potential impacts on the visual amenity,

-    solar access,

-    privacy and

-    views of the adjoining properties

Ceiling height

Proposed = 2.79m

 

Wall height

Existing = 4.18m (with gabled roof above)

Proposed = varies from 8m to 9.4m.

No

This variations is supported as:

-    A small portion of the wall is above the height

-    The site slopes

-    The upper level is setback

-    The wall height does not contribute to the minor view loss

-    Neighbours receive sufficient solar access

3.3

Setbacks

3.3.1

Front setbacks

i)   Average setbacks of adjoining (if none then no less than 6m) Transition area then merit assessment.

 

Minimum = 6m

Existing = 6m approx.

Proposed = 6m

Yes

 

3.3.2

Side setbacks:

Dwellings:

·      Frontage over 12m = 1200mm (Gnd & 1st floor), 1800mm above.

 

Refer to 6.3 and 7.4 for parking facilities and outbuildings

Ground & 1st Floor:

Minimum = 1200m

Existing = east 1000mm, west 2000mm

Proposed = east 1500mm, west 1200mm

 

The proposal has a 1200mm setback from the western boundary for the ground and first level above the finished ground level on the western side. 

 

Second Floor:

Minimum = 1800mm

Existing = NA

Proposed = East 3540mm

 

Yes

3.3.3

Rear setbacks

i)   Minimum 25% of allotment depth or 8m, whichever lesser.

ii)  Provide greater than aforementioned or demonstrate not required, having regard to:

-    Existing predominant rear setback line - reasonable view sharing (public and private)

-    protect the privacy and solar access

iii) Garages, carports, outbuildings, swimming or spa pools, above-ground water tanks, and unroofed decks and terraces attached to the dwelling may encroach upon the required rear setback, in so far as they comply with other relevant provisions of this DCP.

Minimum = 8m (25% = 9.35)

Existing: 16m approx.

Proposed = 11.6m

 

The development has an 11.6m setback to the rear boundary.

 

The first floor balcony has a rear setback of 7.466m and encroaches on the rear setback by approximately 0.5m.

 

This setback generally provides visual privacy for the rear neighbours and protects the western neighbour’s ocean views.

 

 

Yes

4

Building design

4.1

General

 

Respond specifically to the site characteristics and the surrounding natural and built context  -

·   articulated to enhance streetscape

·   stepping building on sloping site,

·   no side elevation greater than 12m

·   encourage innovative design

The proposed development will provide an improved streetscape through the modern design, range of materials and landscaping.

The building steps down with the sloping site.

The side walls have a maximum elevation less than 12m.

The building is modern and well designed.

Yes

4.5

Colours, Materials and Finishes

 

i)   Schedule of materials and finishes

ii)  Finishing is durable and non-reflective.

iii) Minimise expanses of rendered masonry at street frontages (except due to heritage consideration)

iv) Articulate and create visual interest by using combination of materials and finishes.

v)  Suitable for the local climatic to withstand natural weathering, ageing and deterioration.

vi) recycled and re-use sandstone

(See also section 8.3 foreshore area.)

The front façade is articulated by use of a mix of rendered masonry, glass windows, stone detail and horizontal slats.

 

The numerous windows take advantage of the sea breezes and northern aspect.

 

Yes

4.6

Earthworks

 

i)   excavation and backfilling limited to 1m, unless gradient too steep

ii)  minimum 900mm side and rear setback

iii) Step retaining walls

iv) site conditions allow for side or rear setback less than 900mm (max 2.2m)

v)  sloping sites down to street level must minimise blank retaining walls (use combination of materials, and landscaping)

vi) cut and fill for POS is terraced

where site has significant slope:

vii) adopt a split-level design

viii)  Minimise height and extent of any exposed under-croft areas.

Proposed = 0.73m

 

Part of the site will require excavation of up to 0.73m, due to the slope of the site.

 

The existing terraced wall within the backyard will be retained.

Yes

5

Amenity

5.1

Solar access and overshadowing

 

Solar access to proposed development:

 

 

 

i)   Portion of north-facing living room windows must receive a minimum of 3 hrs direct sunlight between 8am and 4pm on 21 June

ii)  POS (private open space) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.

The north facing windows will receive at least 3 hrs of sunlight during the winter months.

 

The majority of the POS will receive at least 3 hrs of direct sunlight.

Yes

 

Solar access to neighbouring development:

 

 

 

i) Portion of the north-facing living room windows must receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June.

iv) POS (private open space) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.

v)  solar panels on neighbouring dwellings, which are situated not less than 6m above ground level (existing), must retain a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. If no panels, direct sunlight must be retained to the northern, eastern and/or western roof planes (not <6m above ground) of neighbouring dwellings.

vi) Variations may acceptable be subject to:

·      Degree of meeting the FSR, height, setbacks and site coverage controls.

·      Orientation of the subject and adjoining allotments and subdivision pattern of the urban block.

·      Topography of the subject and adjoining allotments.

·      Location and level of the windows in question.

·      Shadows cast by existing buildings on the neighbouring allotments.

The proposed developments does not have a southern neighbor, and therefore will not impact the north facing windows of neighbours.

 

The POS of the western neighbour will receive some overshadowing in June during the morning hours. However this property still receives at least 3 hrs of sunlight during winter.

 

The development will not impact the solar panels on any property.


No variation is required. 

Yes

5.2

Energy Efficiency and Natural Ventilation

 

i)   Provide day light to internalised areas within the dwelling (for example, hallway, stairwell, walk-in-wardrobe and the like) and any poorly lit habitable rooms via measures such as:

·      Skylights (ventilated)

·      Clerestory windows

·      Fanlights above doorways

·      Highlight windows in internal partition walls

·      living rooms contain windows and doors opening to outdoor areas

Note: The sole reliance on skylight or clerestory window for natural lighting and ventilation is not acceptable

The open plan design provides light to the internal areas and all rooms have external windows.

 

 

Yes

5.3

Visual Privacy

 

Windows

 

 

 

i)   minimise any direct viewing habitable of proposed and neighbours habitable room windows by one or more of the following measures:

-    windows are offset or staggered

-    minimum 1600mm window sills

-    Install fixed and translucent glazing up 1600mm minimum effective sill.

-    Install fixed privacy screens to windows.

-    Creating a recessed courtyard (minimum 3m x 2m).

ii)  orientate living and dining windows away from similar opposite (that is front or rear or side courtyard

The eastern dwelling is single storey, with windows below the fence line, it is not anticipated that there will be any privacy impact on this neighbour.

 

The western neighbours are setback between 13m and 18m from the common boundary. Few windows are located on the western façade. The full length staircase window is unlikely to generate a privacy issue given it is not a habitable room. The western façade is unlikely to generate a privacy issue.

 

The northern neighbours are setback from the common boundary. The development is unlikely to generate any internal privacy impacts.

Yes

 

Balcony

 

 

 

i) Upper floor balconies to street or rear yard of the site. (wrap around balcony to have a narrow width at side)

ii)  Privacy screens

iii) minimise overlooking of POS via privacy screens (fixed, minimum of 1600mm high and achieve minimum of 70% opaqueness (glass, timber or metal slats and louvers)

iv) Supplementary privacy devices:  Screen planting and planter boxes Not sole privacy protection measure)

v)  For sloping sites, step down and avoid large areas of ground floor decks or terraces.

 

 

The balconies are orientated towards the rear boundary. A privacy screen will be installed along the western boundary of the rear second level balcony.

 

The applicant has revised the plans to reduce the depth the second level balcony to minimize circulation space and increased the rear setbacks.

 

The applicant revised the plans to open the first level balcony barbeque area which is located near to the western boundary. Given users of the barbeque area will be facing west this area may result in a privacy impact. An appropriate condition has been included to screen views into the western property.

 

The first floor balcony provides views towards the northern and eastern properties. It should be noted that given the slope of the area there is an element of mutual overlooking between many of the properties and there are other balconies that look onto the backyard of the properties on Wisdom Street. Therefore, additional privacy screening is not necessary in this case.

 

The proposed development wire balustrades, which are considered reasonable given other measures have been undertaken to reduce the potential for overlooking of neighbouring properties.

 

No

 

An appropriate condition has been included. 

5.4

Acoustic Privacy

 

i)   noise sources not located adjacent to adjoining dwellings bedroom windows

Attached dual occupancies

ii)  Reduce noise transmission between dwellings by:

-    Locate noise-generating areas and quiet areas adjacent to each other.

-    Locate less sensitive areas adjacent to the party wall to serve as noise buffer.

The balconies and POS are located to the rear and will not generate any unreasonable acoustic impacts for neighbours.

Yes

5.5

Safety and Security

 

i)   dwellings main entry on front elevation (unless narrow site)

ii)  Street numbering at front near entry.

iii) 1 habitable room window (glazed area min 2 square metres) overlooking the street or a public place.

iv) Front fences, parking facilities and landscaping does not to obstruct casual surveillance (maintain safe access)

The main entrance and parking are within the front setback. The habitable rooms have windows facing the street and north east. The primary living areas are generally located above the fence height which will ensure surveillance.

Yes

5.6

View Sharing

 

i)   Reasonably maintain existing view corridors or vistas from the neighbouring dwellings, streets and public open space areas.

ii)  retaining existing views from the living areas are a priority over low use rooms

iii) retaining views for the public domain takes priority over views for the private properties

iv) fence design and plant selection must minimise obstruction of views

v)  Adopt a balanced approach to privacy protection and view sharing

vi) Demonstrate any steps or measures adopted to mitigate potential view loss impacts in the DA.

(certified height poles used)

A submission was received stating that the development would result in a negative impact on the western neighbor’s views.

 

An initial view loss assessment was undertaken. As a result, the applicant was requested to reduce the impacts of view loss. The amendments included a reduction to the depth of the second storey balcony, reduced height and an increase to the rear setback.

 

A view loss assessment was undertaken in accordance with the Tenacity principles. The view loss assessment indicated that the potential view loss will be minor.

 

Yes

6

Car Parking and Access

6.1

Location of Parking Facilities:

 

 

 

i)   Maximum 1 vehicular access

iii) Locate behind front façade, within the dwelling or positioned to the side of the dwelling.

Note: See 6.2 parking facilities forward of the front façade alignment may be considered.

iv) Double width if:

-    Frontage >12m,

-    Consistent with pattern in the street;

-    Landscaping provided in the front yard.

v)  Minimise excavation for basement garages and scale of the front elevation

vi) Avoid long driveways (impermeable surfaces)

The development includes a double garage which is permissible with a frontage over 12m.

 

The garage is at ground level with an 8.57m setback.

Yes

6.2

Parking Facilities forward of front façade alignment (if other options not available)

 

i)   - An uncovered single car space

-    A single carport (max. external width of not more than 3m and

-    Landscaping incorporated in site frontage

ii)  Regardless of the site’s frontage width, the provision of garages (single or double width) within the front setback areas may only be considered where:

-    There is no alternative, feasible location for accommodating car parking;

iii) Regardless of site’s frontage, the forward parking structures are only considered where:

-    no alternative or feasible location

-    Significant slope down to street level

-    does not adversely affect the visual amenity of the street and the surrounding areas;

-    does not pose risk to pedestrian safety and

-    does not require significant contributory landscape elements (such as rock outcrop or sandstone retaining walls)

The garage is setback 8.7m behind the boundary line.

The fence steps down with the site slope. The sliding gate will be located along the front boundary for privacy and vehicular access.

 

 

Yes

6.3

Setbacks of Parking Facilities

 

i)   Garages and carports comply with Sub-Section 3.3 Setbacks.

ii)  1m rear lane setback

iii) Nil side setback where:

-    nil side setback on adjoining property;

-    streetscape compatibility;

-    safe for drivers and pedestrians; and

-    Amalgamated driveway crossing

 

The garage has a setback greater than 6m.

Yes

6.4

Driveway Configuration

 

Maximum driveway width:

-    Single driveway – 3m

-    Double driveway – 5m

Must taper driveway width at street boundary and at property boundary

 

The crossover and gate have a width of 3m.

The onsite driveway has a width of approximately 6.2m.

No

6.5

Garage Configuration

 

i)   recessed behind front of dwelling

ii)  The maximum garage width (door and piers or columns):

-    Single garage – 3m

-    Double garage – 6m

iii) 5.4m minimum length of a garage

iv) 2.6m max wall height of detached garages

v)  recess garage door 200mm to 300mm behind walls (articulation)

vi) 600mm max. parapet wall or bulkhead

vii) minimum clearance 2.2m AS2890.1

The garage car parking area has a width of 6.35m, which is greater than the 6m maximum.

 

This variation is considered reasonable given it is minor, the garage is setback behind the building line and garage includes a workshop.

 

The internal length is 5.7m.

No

 

These variations are considered to be minor and are not visible from the street.

7

Fencing and Ancillary Development

7.1

General - Fencing

 

i)   Use durable materials

ii)  sandstone not rendered or painted

iii) don’t use steel post and chain wire, barbed wire or dangerous materials

iv) Avoid expansive surfaces of blank rendered masonry to street

Materials include rendered masonry and slatted timber.

Yes

7.2

Front Fencing

 

i)   1200mm max. (Solid portion not exceeding 600mm), except for piers.

     -  1800mm max. provided upper two-thirds partially open (30% min), except for piers.

ii)  light weight materials used for open design and evenly distributed

iii) 1800mm max solid front fence permitted in the following scenarios:

-    Site faces arterial road

-    Secondary street frontage (corner allotments) and fence is behind the alignment of the primary street façade (tapered down to fence height at front alignment).

-    avoid continuous blank walls (using a combination of materials, finishes and details, and/or incorporate landscaping (such as cascading plants))

iv) 150mm allowance (above 1800mm) for stepped sites

v)  Natural stone, face bricks and timber are preferred. Cast or wrought iron pickets may be used if compatible

vi) Avoid roofed entry portal, unless complementary to established fencing pattern in heritage streetscapes.

vii) Gates must not open over public land.

viii)  The fence must align with the front property boundary or the predominant fence setback line along the street.

ix) Splay fence adjacent to the driveway to improve driver and pedestrian sightlines.

The fence will be constructed of rendered masonry and a horizontal slatted gate. The slats appear to be light weight.

 

Due to the sloping site, at some points the fence is higher than 1800mm.

 

An appropriate condition has been included to limit the fence and gate height to retain continuity along the streets front fences and to improve the fences’ interface with number 4 Pearce Street.

 

 

No

 

An appropriate condition has been included. 

7.3

Side and rear fencing

 

i)   1800mm maximum height (from existing ground level). Sloping sites step fence down (max. 2.2m).

ii)  Fence may exceed max. if level difference between sites

iii) Tapper down to front fence height once past the front façade alignment.

iv) Both sides treated and finished.

Consent not sought under this DA for side/rear fencing.

N/A

7.6

Air conditioning equipment

 

i)   Minimise visibility from street.

ii)  Avoid locating on the street or laneway elevation of buildings.

iii) Screen roof mounted A/C from view by parapet walls, or within the roof form.

iv) Locate to minimise noise impacts on bedroom areas of adjoining dwellings.

The air conditioning unit is located on the western side of the dwelling away from neighbouring dwellings.

Yes

7.8

Clothes Drying Facilities

 

i)   Located behind the front alignment and not be prominently visible from the street

Located within the backyard.

Yes

8

Area Specific Controls

8.3

Foreshore Scenic Protection Area

 

i)   Consider visual presentation to the surrounding public domain, including streets, lanes, parks, reserves, foreshore walkways and coastal areas. All elevations visible from the public domain must be articulated.

ii)  Integrated outbuildings and ancillary structures with the dwelling design (coherent architecture).

iii) Colour scheme complement natural elements in the coastal areas (light toned neutral hues).

iv) Must not use high reflective glass

v)  Use durable materials suited to coast

vi) Use appropriate plant species

vii) Provide deep soil areas around buildings

viii)  Screen coping, swimming and spas from view from the public domain.

ix) Integrate rock outcrops, shelves and large boulders into the landscape design

x)  Any retaining walls within the foreshore area (that is, encroaching upon the Foreshore Building Line) must be constructed or clad with sandstone.

The proposed development will improve the streetscape and will not be visible from the reserves or the coastal walk.

 

The colour and materials are consistent with the coastal location.

 

The landscaping includes a mix of native and exotic plants.

 

Deep soil planting will be provided in the front setback, with impervious areas along the side boundary.

Yes

 

79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

The provisions of the applicable environmental planning instruments have been addressed in the body of this report and the executive summary.

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

N/A

 

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

The proposed development has been assessed and determined to be generally consistent with the provisions of the DCP.

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

N/A

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 below.

 

The proposed development is consistent with the dominant residential character in the locality. The proposal would not considered 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

 

Two submissions were received, the issues raised in the submissions have been addressed in this report and in the Development Application 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.

 

4.      Referral Comments

 

Development Engineer Comments

 

An amended application has been received for the demolition of all structures on site and construction of new 3 storey dwelling house including new boundary fence, associate site and landscape works (variation to floor space ratio control).at the above site.

 

This report is based on the following plans and documentation:

·      Amended Architectural Plans by CD Studio dated 10th March 2016;

·      Statement of Environmental Effects by Redgum Town Planning Services;

·      Detail & Level Survey by Cooper and Richards dated 21st February 2015;

·      Amended Driveway Details by Nasseri Associates stamped by Council 11th February 2016;

·      Landscape Plans by Conzept Landscape Architects, dwg no’s LPDA 15-124/1B – 3, issue B, dated 03/11/15.

 

General Comments

The on-going issues with the driveway access have now been resolved. There are now no objections to the proposal subject to the comments and conditions provided in this report.

 

Parking Comments

Parking Provision

Under Part B7 of Council’s DCP 2013 the proposed 4 bedroom residence is required to provide a minimum of 2 off-street carspaces. The submitted plans demonstrate compliance with this requirement.

 

Vehicular Access

The applicant was required to provide amended/additional information in the form of additional plans & long-sections to indicate the extent of required works on Council’s verge and to demonstrate that adequate vehicle access can be achieved into the proposed garages without scraping.

 

The steep grade in Pearce Street, proposed new stairs on Council’s footpath and a steep internal driveway in combination required careful design to ensure adequate vehicle access can be achieved while also maintaining pedestrian access across the site frontage. After a number of iterations the latest set of plans are now considered satisfactory.

 

The submitted plans and long-sections indicate that the proposal will now comply with Council’s minimum standard however to achieve this, the proposed garage was required to be raised to a minimum of RL 33.52 AHD. Detailed plans for the works on Council footpath will be required for the Civil Works application.

 

The proposed garage and driveway now complies with the minimum requirements of Australian Standard 2890.1:2004 and no further objections are raised subject to the full implementation of the conditions provided in this report.

 

Drainage Comments

It was previously advised that the submitted drainage plans by Nasseri And Associates were not supported due to concerns over the depth of sandstone bedrock associated with a proposed infiltration system in the rear yard.

 

The depth of the sandstone bedrock within the site had not been established and given that there is a substantial drop between the subject site and the neighbouring properties to the east fronting Crana Avenue, there was potential that stormwater directed into the ground at the rear of 2 Pearce Street may re-emerge at the rear of the dwellings along Crana Street, particularly if rock is near the surface in these lower areas where the ground has been excavated.

 

To address this issue the applicant has submitted a geotechnical report submitted 2nd December 2015 which has established the nature of the sub-surface conditions. The geotechnical investigation indicates that the depth of the bedrock in the rear yards of the properties along Crana Avenue is sufficient to accommodate infiltration.  It is also noted that the infiltration area will only accept surface runoff while roof water will be discharged to Pearce Street.

 

Landscape Comments

The inspection of 28 April 2016 revealed an absence of any significant vegetation that would be affected by this application, so conditions allow their removal where necessary, subject to full implementation of the proposed landscape plans.

Undergrounding of power lines to site

At the ordinary Council meeting on the 27th May 2014 it was resolved that;

 

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.

 

The subject is located within 15m of a power pole on the same side of the street hence the above clause is applicable. A suitable condition has been included in this report.

 

5.      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

Sheet 01 – Rev 12(b)

CD Studio

10/03/2016

Sheet 04 – Rev 12(b)

CD Studio

10/03/2016

Sheet 05 – Rev 12(b)

CD Studio

10/03/2016

Sheet 06 – Rev 12(b)

CD Studio

10/03/2016

Sheet 07 – Rev 12(b)

CD Studio

10/03/2016

Sheet 08 – Rev 12(b)

CD Studio

10/03/2016

Sheet 09 – Rev 12(b)

CD Studio

10/03/2016

Sheet 10 – Rev 12(b)

CD Studio

10/03/2016

Sheet 11 – Rev 12(b)

CD Studio

10/03/2016

Sheet 12 – Rev 12(b)

CD Studio

10/03/2016

Sheet 13 – Rev 12(b)

CD Studio

10/03/2016

Sheets 1 to 4 – Amended driveway details – Issue A

Nasseri Associates

11/02/2016

 

BASIX Certificate No.

Dated

Certificate No.: 603894S­_03

17/03/2016

 

 

Amendment of Plans & Documentation

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

 

a)       The height of the driveway gate must not be more than 1.2m above the proposed driveway level. The remainder of the front fence on Pearce Street boundary must not be higher than RL35.48.

b)       The horizontal slats of the front fence and gate must be at least 30% open.

c)       The Landscape Plan by Conzept Landscape Architects, dwg no’s LPDA 15-124/1B – 3, issue B, dated 03/11/15, shall be amended to ensure consistency with the approved Architectural Plans and relevant conditions.

d)       The finished ground level of the elevated north western portion of the rear yard must not be morer than RL33.69. 

e)       A privacy screen, having a height of 1.6m above floor level, must be provided to the whole length of the western edge of the rear ground floor balcony (adjacent to the BBQ area). The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

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

 

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

 

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

 

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,158,600.00 the following applicable monetary levy must be paid to Council: $11,586.

 

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment. Please contact Council on telephone 9399 0999 or 1300 722 542 for the indexed contribution amount prior to payment.

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

7.       The following 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:

 

·      $3000.00     -       Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia

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

 

Design Alignment levels

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

     

          Vehicular Access 

 

·       RL 35.20 (AHD) – Western Edge

 

·       RL 34.90 (AHD) – Eastern Edge

 

 

Pedestrian Access

 

·       Match the back of the existing Footpath

 

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

 

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

 

11.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $634 calculated at $52.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

12.     The internal access driveway must be designed and constructed in accordance with the driveway long-sections by Nasseri & Associates (Job No. D3087 sheets 1 to 3 dated 11/02/2016) stamped by Council 11th February 2016 and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

14.     Detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

15.     A site stormwater drainage system is to be provided in accordance with the following requirements (as applicable):

 

a)     The stormwater drainage system must be designed and constructed to satisfy the relevant requirements in the Building Code of Australia,

b)     Roof stormwater must be directed to a suitably designed and constructed rainwater tank, as required in the relevant BASIX Certificate for the dwelling,

 

c)      The overflow from the rainwater tank and other surface stormwater must be directed (via a sediment/silt arrestor pit) to:

 

i.    Council’s kerb & gutter in Pearce street

 

ii.   Council’s kerb and gutter (or underground drainage system) via a private drainage easement/s to; or

 

iii.  A suitably sized infiltration area to the satisfaction of the Certifying Authority.  As a guide, infiltration areas which do not have a formal overflow to the street should be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

 

iv.   To Pearce St via a pump-out system

 

d)     The design and construction of the infiltration areas must be appropriate having regard to the site and ground characteristics.

 

A suitable geotechnical investigation is required to be carried out by a professional engineer to determine the suitability of the ground for infiltration and the design of the proposed infiltration system,

 

Infiltration will not be appropriate if the site is subject to rock and/or a water table within 2 metres of the base of the infiltration area, or the ground conditions comprise low permeability soils such as clay.

 

e)     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.

 

Pump-out systems must be provided with two pumps and be installed, 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,

 

f)      Any pump-out water must pass through a stilling pit  prior to being discharged by gravity to the kerb and gutter,

 

g)     Details of the design and construction of the stormwater drainage system, sediment site arrestor pit/s and infiltration area/s must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

16.     Sediment/silt arrestor pit/s are to be provided within the site at or near the street boundary prior to stormwater being discharged from the site or into any infiltration areas. The sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements, to the satisfaction of the principal certifying authority:

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

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

·       A minimum of 4 x 90 mm diameter weep holes 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 located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

·       The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·       A sign adjacent to this pit stating that:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

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

 

 

Building & Design

17.     The external walls of the dwelling must be located not less than 1200mm from the site boundary.

 

18.     Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 450mm.

 

Landscaping

19.       The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Landscape Plans by Conzept Landscape Architects, dwg no’s LPDA 15-124/1B – 3, issue B, dated 03/11/15 (as amended by condition 2c).

 

New Street Tree

20.       The applicant must submit a payment of $107.25 (including GST) to cover the costs for Council to supply, plant and maintain 1 x 25 litre street tree, Banksia integrifolia (Coastal Banksia) on the Pearce Street verge, an equal distance between the proposed vehicle crossing and western site boundary.

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

22.     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

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

 

·          excavations for new 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, fence, retaining wall or other substantial structure located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

25.     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

26.     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.

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Public Utilities

28.     A Public Utility Impact Assessment must be carried out to identify 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.

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

33.     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

34.     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

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

37.     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.

 

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

 

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

 

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

 

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

 

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

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

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

·      as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

Tree Management

42.     Approval is granted for the removal of all existing vegetation within the site due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

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

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

 

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

 

BASIX Requirements

44.     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

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

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

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

c)       Re/construct a 1.3m wide concrete footpath as required across the full site frontage including new stairs and handrails as required, Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

d)       Construct any new retaining walls on Council verge, as required.

 

                NOTE: All work to Council’s requirements and satisfaction.

 

46.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

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

 

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

 

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

 

Stormwater Drainage

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

Notes:

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

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

 

49.     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 and extent of any infiltration area  with finished surface levels;

·          Finished site contours at 0.2 metre intervals;

·          Volume of storage available in any infiltration areas;

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

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

 

50.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development consent.

 

The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

Ausgrid

51.     The applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Pearce Street and the development site, to an underground (UGOH) connection.

 

Landscaping

52.       Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Landscape Plans by Conzept Landscape Architects, dwg no’s LPDA 15-124/1B – 3, issue B, dated 03/11/15.

 

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

 

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

 

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.

 

Use of premises

55.     The premises must only be used as a single residential dwelling and must not be used for dual or multi-occupancy purposes.

 

External Lighting

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

 

Plant & Equipment

57.     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

58.     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

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

 

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

 

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

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

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

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

 

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

 

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

 

A10    Demolition work and removal of asbestos materials:

 

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

 

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

 

A11    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A12    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.

A13    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.

 

A14    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A15    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.

 

 


Planning Committee                                                                                                    14 June 2016

 

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Development Application Report No. D44/16

 

Subject:                  54 Marine Parade, Maroubra
(DA/801/2015) - Deferred

Folder No:               DA/801/2015

Author:                    Christopher Gorton, Assessment Officer      

 

Proposal:                 Construction of roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014

Ward:                      Central Ward

Applicant:               Mkd Architects Pty Ltd

Owner:                    Ideal Marine Pty Ltd

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

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North

 

Locality Plan

 

Introduction:

 

A development application (DA) seeking consent to construct a roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014 at 54 Marine Parade, Maroubra was recommended for approval and reported to the Planning Committee on 8 March 2016. At the meeting it was resolved:

 

“(Moore/Bowen) that the application be deferred for mediation”

 

Mediation was held on 21 April 2016, at which the following outcome was recorded:

 

·      The parties have agreed as per annexure No 1/A;

·      It is agreed that there is a visual privacy impact on No 52 Marine Parade;

·      Parties agree for an on-site inspection assisted by plans that further analyze sightlines;

·      Parties will report back to the mediator;

·      All parties present agreed with conditions as per annexure No1 subject to Council’s planners agreement, the objectors are willing to withdraw their objection; and

·      The applicant will contact the owners of No 21 Wilson Street.

 

Issues

 

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

 

1.     A minimum 400mm pebble wide border is to be provided on the full lengths of the north, east and southern perimeters of the roof deck to ensure that a person utilising the roof deck stands a minimum 400mm from the balustrade. This amendment shall be shown on the plans approved by Randwick City Council (should approval be granted by Council)

 

Planners Comment

The applicant submitted amended plans on the 5/5/2016, which detailed a 400mm wide pebble boarder in accordance with the above agreed mediation outcome. This is considered to be an acceptable outcome and will not result in any planning related issues. The provided amended plan has been referenced in the recommended conditions.

 

2.     The roof deck shall be used by a maximum of only 10 persons at any one time.

 

Planners Comment

The agreed upon maximum patronage of the roof top terrace area is considered reasonable. A condition of consent restricting the maximum number of persons allowed on the roof deck at any one time to 10 has been recommended in the development consent and in the Strata by-laws.

 

3.     The hours of use/operation of the roof deck are to be limited to 7:00am to 9:00pm during winter and 7:00am to 10:00pm for the rest of the year. Extended hours of operation are allowed on New Year’s Eve and the following day.

 

Planners Comment

The hours of operation proposed and agreed upon during the mediation process is considered acceptable, a condition of consent has been recommended in the operation section of the development consent and in the Strata by-laws.

 

4.     Access to the roof deck shall be limited to a “hatch opening” (as shown in Photo “A”). This amendments shall be shown on the plans approved by Randwick City Council (should approval be granted by Council)

 

Figure 1: Roof Hatch to be utilised (Photo “A”)

 

Planners Comment

The applicant submitted amended plans on the 5/5/2016 which detailed the roof hatch in as shown in figure 1 above. The roof hatch has been provided with a 1m high balustrade for safety purposes. It is considered that the amended plans satisfactorily reflect the mediation outcome agreed too.

 

5.     There shall be no cooking facilities, permanent barbeques, shelters, structures, sail cloths (or the like), running water or roof/cover on the proposed deck.

 

Planners Comment

It is considered acceptable to restrict the installation of fixed structures such as

Permanent cooking facilities, shelters, sail cloths roof/covers or the like. An appropriate condition has been recommended in the development consent.

 

6.     Any lighting on the roof deck shall be no higher than 350mm above the floor level of the roof deck. Any lighting shall not be directed towards adjoining properties.

 

Planners Comment

This mediation outcome is considered acceptable a standard condition has been included in the development consent ensuring that any lighting installed on the roof does not cause nuisance to adjoining properties and is installed no higher than 350mm above roof level.

 

7.     No planter box shall be constructed on the southern edge of the roof deck. There shall also be no hedge or other vegetation planted along the southern edge of the roof deck.

 

 

Planners Comment

This mediation outcome is considered acceptable a condition has been included in the development consent ensuring that no planter box or vegetation is to be installed/ planted along the southern edge of the roof deck.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/801/2015 for the construction of a roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014, at No. 54-56 Marine Parade, Maroubra, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

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

A-1.02 (issue E)

Mkdarchitects

05/05/2016

A-1.03 (issue E)

Mkdarchitects

05/05/2016

A-2.01 (issue A)

Mkdarchitects

30/10/2015

A-2.02 (issue E)

Mkdarchitects

05/05/2016

A-3.01 (issue E)

Mkdarchitects

05/05/2016

A-3.02 (issue E)

Mkdarchitects

05/05/2016

A-3.03 (issue E)

Mkdarchitects

05/05/2016

A-3.04 (issue E)

Mkdarchitects

05/05/2016

A-3.05 (issue E)

Mkdarchitects

05/05/2016

 

Amendment of Plans & Documentation

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

 

a.   No cooking facilities (i.e. barbeques), shelters, temporary or fixed structures or running water are to be placed or installed on the roof terrace area.

 

b.   No planter box, hedge or other vegetation is allowed to be planted or installed on the southern edge of the roof deck.

 

c.   External lighting to the roof terrace area must not be located higher than 350mm above the finished level of the roof terrace area.

 

d.   This Development consent amends, where relevant the conditions issued under DA/277/2014 inclusive of modifications.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Stormwater Drainage

6.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

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

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

8.       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.

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

10.     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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Public Safety & Site Management

14.     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.

 

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

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

 

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

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

16.     External lighting must be designed to minimise light-spill beyond the property boundary or cause a public nuisance. Any lighting shall not be directed towards adjoining properties.

 

Hours of Operation

17.     The use of the roof terrace area shall be limited to the following:

 

·      June – August (inclusive): 7:00am – 9:00pm;

·      September – May (inclusive): 7:00am – 10:00pm

·      December 31st : 7:00am – January 1st 1:00am

 

The above requirement must be incorporated in the relevant strata scheme as a by-law.

 

18.     The roof terrace area must not be used/occupied by more than 10 persons at any one time. This requirement must be incorporated in the relevant strata scheme as a by-law.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10    Demolition work and removal of asbestos materials:

 

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

 

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

 

A11    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A12    Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

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

 

 

 

 

Attachment/s:

 

1.View

DA Executive Report - 54 Marine Parade, Maroubra

 

2.View

DA Compliance Report - 54-56 Marine Parade, Maroubra

 

 

 

 


DA Executive Report - 54 Marine Parade, Maroubra

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D23/16

 

Subject:                  54 Marine Parade, Maroubra
(DA/801/2015)

Folder No:               DA/801/2015

Author:                    Christopher Gorton, Assessment Officer      

 


Proposal:                 Construction of roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014

Ward:                      Central Ward

Applicant:               Mkd Architects Pty Ltd

Owner:                    Ideal Marine Pty Ltd

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee for determination as the proposal involves a request for an exception to the height of buildings development standard by greater than 10%.

 

 

 

 

1.     Proposal

 

The proposal is for the construction of roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014. The proposal incorporates an internal stairwell and 1.6m high balustrades.

 

Figure 1: Proposed rooftop terrace

 

2.     Site

 

The site is located on the western side of Marine Parade. The land has a frontage of 24.385m to Marine Parade; a total site area of 1625m² and the site is relatively flat. The site is landlocked to the north south and west.

 

An approved 4 storey (with basement car park) development is partially constructed and is present on site. To the north are several 3 storey multi-unit developments, to the south is a two storey dwelling house and 4 storey multi-unit developments. To the west are several two storey dwelling houses and attached dual occupancies.

 

The locality is occupied by a mixture of housing options, comprising of dwelling houses, dual occupancies and multi-unit developments.

 

Figure 2: Subject site

 

Figure 3: Subject Site

 

3      Exception to Development Standard

 

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

 

The proposal contravenes the building height development standard of Clause 4.6: Height of Buildings, contained within the RLEP 2012. The applicant has submitted a written justification that seeks to justify the contravention of the standard pursuant to Clause 4.6. The variation is addressed as follows:

 

Maximum Building Height Control

Clause 4.3(2) states that the maximum height of buildings on the subject site is 12m. The proposal is inclusive of a building height of 14.15m.

 

The proposed variation is summarized in the table below:

 

Clause

Required

Proposed

Compliance

Variation

 

4.3 (2)

Height of buildings

12m

14.15

No- Clause 4.6 variation submitted

17.9% (2.15m) variation.

 

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

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

 

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

 

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

 

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

 

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

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

 

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

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

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

 

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

 

Assessing officer’s comment:

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

 

·           It is acknowledged that the proposal is substantially setback from the property boundaries in an attempt to reduce its perceived mass from the adjoining properties and streetscape; however the proposed 1.6m high balustrades are considered excessive and unnecessary. As such a condition has been recommended to reduce the balustrades to the minimum BCA compliant height of 1m. At a height of 1m, the balustrades will almost be totally hidden from view as a result of the large setbacks from the edges of the building; in addition any visible portion of the balustrade will be indiscernible from the built form.

 

The proposed stairwell sits 2.6m above the existing roof form, again this height is considered unnecessary and can be reduced to minimise any perceivable bulk resulting from the structure. A condition has been recommended reducing the stairwell height by 300mm;

 

·           It is considered that the proposal subject to recommended conditions will not result in a visually obtrusive or dominant element when viewing the development as a whole. It is substantially setback from the edges of the building and will not be perceived as obtrusive elements within the architectural character of the development of the streetscape character.

 

Figure 4: Red Square shows proposed stairwell location (including recommended 300mm reduction

 

·           It is not considered the proposed roof terrace will result in any significant adverse impacts on the amenity of the immediately surrounding developments in terms of visual bulk, loss of privacy, overshadowing or views.

 

The setback assists with preventing overlooking to the immediately adjoining northern, western and southern neighbours. There is existing mutual overlooking between the subject site (particular the top floor unit of the subjects site with No.60-62 Marine Parade to the south and the northern adjacent rooftop terrace). Visual privacy of properties within the immediate vicinity is protected by the separation distance from the proposed rooftop terrace and the affected windows and balconies.

 

Figure 5: View to the south west

As seen in figure 5 above, the roof top terrace is separated by approximately 24m from the affected windows at No. 60–62 Marine Parade and the internal setback from the building edge prevents downward overlooking to the adjoining properties rear private open space.

 

Figure 6: Top – View from proposed rooftop deck, Bottom – View from existing approved 4th floor window.

 

As seen in figure 6 above, there will be mutual overlooking to the north between the proposed rooftop terrace and the adjoining rooftop terrace, the mutual overlooking already exists between the approved 4th floor windows and the existing roof top terrace at No. 52 Marine Parade.

 

·           As stated previously the proposed structures (subject to recommended conditions) will not be discernible when looking at the development from the streetscape or the foreshore area. 

 

Figure 7: View from public reserve to the south-east of the site (stairwell highlighted in red)

·          

As seen in figures 4 and 7 previously the stairwell structure (which is the element that protrudes above the roof line the most) is indiscernible from the foreshore area and streetscape and will not result in a structure that is visually bulky.

 

Figure 8: red line indicates 1m high balustrade

 

As seen in figure 8 above a 1m high clear balustrade (indicated by the red line) which is what has been recommended as part of this report will be unobtrusive when viewing the development and will not add any significant visual bulk to the development.

 

·           As seen in figure 9 and 10 below (submitted plans), the proposal will not result in any significant visual bulk and scale being added to the existing building.

 

Figure 9: Front Elevation on the left and rear elevation on the right

 

 

Figure 10: North Elevation on top and South elevation on the bottom

 

It is considered that approval of this development would not compromise the integrity of LEP 2012.

 

The proposed variation of Clause 4.3 is in this case considered to be well founded and proposed development is considered to have merit.

 

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

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

 

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

 

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

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

 

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

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

·      To enable other land uses that 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.

 

It is considered that the proposed development is consistent with the objectives that are relevant because it has been designed to not be non-obtrusive and indiscernible from the public domain and will not adversely impact the amenity of the surrounding properties.

 

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

 

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

 

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

 

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

 

Comments:

Pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed to the granting of development consent to the development that contravenes the development standard for heights of buildings within clause 4.3 of RLEP 2012.

 

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

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary in this case, for a roof top terrace for exclusive use of unit L3-01, the proposal does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

4.     Submissions

 

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

 

·      62 Marine Parade, Maroubra (No unit number provided)

·      1 Wilson Street, Maroubra

·      40 Marine Parade, Maroubra

·      21 Wilson Street, Maroubra

·      6 Wilson Street, Maroubra

·      27 Banks Street, Maroubra

·      15 B Wilson Street, Maroubra

·      2-4 Wilson Street, Maroubra

·      Wilson Street, Maroubra (No house number provided)

·      2/62 Marine Parade, Maroubra

·      10/62 Marine Parade, Maroubra

·      62 Marine Parade, Maroubra (No unit number provided)

·      8/50 Marine Parade, Maroubra

·      50 Marine Parade, Maroubra (Strata Managers)

·      23 Banks Street, Maroubra

·      12/62 Marine Parade, Maroubra

·      8 Wilson Street, Maroubra

·      25 Banks Street, Maroubra

·      3/52 Marine Parade, Maroubra

·      15a Wilson Street, Maroubra

·      15 Wilson Street, Maroubra

·      52 Marine Parade, Maroubra (On behalf of the building)

·      1/52 Marine Parade, Maroubra

·      12/44 Marine Parade, Maroubra

·      14/44 Marine Parade, Maroubra

·      20/44 Marine Parade, Maroubra

 

The issues raised in the above objections are as follows:

 

·      The proposal does not comply with the Randwick LEP 2012:

Planners Comment

The proposal is considered to meet the relevant objectives and controls within the RLEP 2012. It is acknowledged that the proposal exceeds the maximum allowable Building Height for the site, however it is considered that the submitted Clause 4.6 Exception to Development Standard details is justified and that the strict adherence to the numerical standard will not be necessary in this case as the proposal meets the objectives of the RLEP 2012 and will not adversely impact on the adjoining properties or streetscape.

 

·      The building size is out of character with the surrounding area:

Planners Comment

The subject application is for the rooftop terrace/viewing deck and as such the assessment pertains to the proposed additions only. The proposed rooftop terrace and associated balustrade and stairwell subject to recommended conditions will be indiscernible when viewed from the streetscape and public domain. The increase setbacks of the structures from the side boundaries and streetscape means that they barely visible and will not result in significant additional bulk being attributed to the approved development. The proposal is considered to be acceptable with regards to its sitting within the streetscape and will not result in adverse impacts on the adjoining properties or the streetscape character.

 

·      The proposal does not comply with the maximum height control outlined in the RLEP 2012:

Planners Comment

It is acknowledged that the proposal exceeds the maximum height control outlined in the RLEP 2012; however a Clause 4.6 exception to development standards has been submitted. See discussion above.

 

·      The proposal will set an undesirable and unnecessary precedent for the area:

Planners Comment

The proposal is considered acceptable and meets the relevant objectives and controls in the RLEP 2012 and RDCP 2013. The proposal is not considered to set an undesirable precedent in the area, any applications lodged to council are subject to assessment under the relevant heads of consideration of Section 79C of the Ep&A Act.

 

·      The proposal seems to avert the usual planning controls:

Planners Comment

The subject application has been lodged as an amending Development Application, the proposal whilst exceeding the Maximum Building Height control outlined in the RLEP 2012, has been accompanied by a Clause 4.6 exception to development standard. Correct procedure has been followed and the proposal is subject to assessment against the relevant controls and objectives of the RLEP 2012 and RDCP 2013.

 

·      The proposal will result in adverse overshadowing:

Planners Comment

The proposal will not result in any additional overshadowing on the adjoining property. The proposed shadowing will fall over the approved developments roof form; this is a direct result of the stairwell being setback substantially from the edges of the approved development. In addition to the above a condition has been recommended reducing the height of the stair well by 300mm.

 

·      Will adversely affect the privacy of the surrounding properties:

Planners Comment

The proposed rooftop terrace is substantially setback from the edges of the approved development reducing the potential for overlooking to occur, in addition the proposal is substantially separated from adjacent and windows preventing direct overlooking. See Discussion in Key Issues section below for breakdown of RDCP 2013 privacy controls.

 

·      Will result in a development that exceeds the F.S.R of the site:

Planners Comment

The proposed rooftop terrace will not result in any additional G.F.A on site. The proposal will retain the approved F.S.R of the previous development.

 

·      Concerns raised with regards to not being notified of the development:

Planners Comment

The proposal was notified in accordance with the Randwick Development Control Plan 2013 – Public Notification. The extent of the properties notified is consistent with the requirements of Council’s DCP.

 

·      The proposal will not meet the objectives of Clause 6.7 relating to the Foreshore scenic protection area in which the site is located:

Planners Comment

The subject site is located within the RLEP 2012 identified Foreshore Scenic Protection Area, the proposed roof top terrace, including the balustrade and associated stairs will have minor visibility from the foreshore area, they are considered minor protruding elements and will not adversely affect the foreshore scenic protection area. Notwithstanding the above a condition has been recommended to reduce the height of the balustrade to the BCA minimum of 1m and reduce the stairwell height by 300mm, this will further result in the structures being indiscernible when viewed from the surrounding foreshore area. It is considered that the proposal meets the relevant objectives of Clause 6.7 of the RLEP 2012.

 

·      Notification plans and submitted documentation are insufficient to properly assess the impacts:

Planners Comment

Documentation placed on Council’s Online DA Tracking system is limited to the included Statement of Environmental Effects (SEE), notification plans, shadow diagrams and development application form/checklist. There is a working file available at Council offices which contains a copy of all documentation submitted. It is considered that the documentation submitted with the application is sufficient and an accurate and thorough assessment can be carried out.

 

·      Concerns with regards to acoustic privacy, recommends that Council require an acoustic report be submitted:

Planners Comment

The subject site is zoned R3 Medium Density Residential, the approved RFB is a permissible use within the zone, the proposed rooftop terrace is only accessible from one unit. It is considered that an Acoustic Report is unnecessary and the proposal will not result in any significant adverse acoustic impacts on the surrounding properties.

 

4.     Key Issues

 

4.1   Roof Design & Visual Privacy

Clause 4.2 of Part C2 of the RDCP 2013 relates to roof design; it states the following in relation to rooftop terraces:

 

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.

 

Planners Comment

 

·      It should be noted that there is existing mutual overlooking between the top floor northern windows of the subject site and the immediately adjoining rooftop terrace to the north, as well as distant overlooking (24m approximate separation) between the top floor southern windows and the northern windows of No. 60-62 Marine Parade.

 

The proposed rooftop terrace will not result in an increased impact on these properties, with building separation and increased setbacks from the subject developments edges helping to mitigate the potential impacts. The proposed rooftop terrace is setback substantially from the edges of the subject building to prevent downward overlooking into the adjoining properties rear private open space; this can be seen in figures 11-13 below.

 

Figure 11: View to the north from the edge of the rooftop terrace

 

Figure 12: View to the south-west from the edge of the rooftop terrace

 

 

 

Figure 13: View to the south from the edge of the rooftop terrace

 

It is considered that the roof top terrace will not result in any significant increase in privacy impacts on the surrounding properties.

 

·      The rooftop terrace is only accessible from the top floor unit L3-01 and will not be utilised as a communal open space. It is considered that there will be no adverse noise impacts on the adjoining properties as the proposed rooftop terrace is for the singular residential use.

·      The proposed stairwell which has been recommended to be reduced in height by 300mm will not detract from the architectural character of the building. It has been substantially setback from the streetscape and side boundaries to reduce its visibility; it will be indiscernible when viewing the development from the streetscape and foreshore area. As seen in figure 12 the staircase element of the development will remain visually subservient to the development and will not be a dominating element within the design.

 

Figure 14: Red indicates stairwell – Photo taken from south-east of the development in foreshore reserve

·      There are no shading devices or privacy screens proposed as part of this development application.

 

It is considered that the proposed rooftop terrace meets the relevant objectives and controls with regards to Clause 4.2 of Part C2 of the RDCP 2013.

 

4.2   Visual Privacy

Clause 5.3 of the RDCP 2013 relates to visual privacy, the objectives of this clause are:

 

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

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

 

As discussed previously the proposed rooftop terrace has been substantially setback from the edges of the subject development to prevent downward overlooking into the primary POS of the adjoining and surrounding properties. In addition to this there is substantial separation between the proposed development and surrounding sites to assist with the prevention of direct overlooking. Previous figures 5,6,11,12 and 13 all detailed the views obtained from the proposed rooftop terrace, as seen in these figures the proposed development has been well considered and designed to minimise the potential for adverse visual privacy impacts from occurring.

 

The proposal maintains the existing levels of amenity for the surrounding properties, the proposal is considered to meet the relevant objectives and controls in the RDCP 2013.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and will not result in any significant or unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality. The proposal remains within the bounds of the objectives of the Medium density zone and the Medium Density Residential DCP.

 

The application is recommended for approval, subject to the below recommended conditions.

 


 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/801/2015 for the construction of a roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014, at No. 54-56 Marine Parade, Maroubra, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

        Non-standard conditions

 

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

A-2.01

Mkdarchitects

30/10/2015

A-2.02

Mkdarchitects

30/10/2015

A-3.01

Mkdarchitects

30/10/2015

A-3.02

Mkdarchitects

30/10/2015

A-3.03

Mkdarchitects

30/10/2015

 

Amendment of Plans & Documentation

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

 

a.  The 1.6m glass balustrades surrounding the ‘view decking’ shall be reduced to a maximum height of 1m, measured from the finished roof level.

b. The height of the stair well shall be reduced by 300mm to a maximum height of RL35.400.

c.  This Development Consent amends, where relevant the conditions issued under DA/277/2014 inclusive of the modifications.

 

 


Attachment/s:

 

1.

DA Compliance Report - DA/801/2015 - 54-56 Marine Parade, Maroubra

Included under separate cover

 

 


DA Compliance Report - 54-56 Marine Parade, Maroubra

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/801/2015

PROPERTY:     

 

54-56 Marine Parade, MAROUBRA NSW 2035

Proposal:

Construction of roof level viewing deck above unit L3-01 by amending approved development consent DA/277/2014.

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 Environmental Planning Policy 71 – Coastal Protection

 

SEPP 71 aims to protect and manage the natural, cultural, recreational and economic attributes of the New South Wales coast through protecting and improving public access to coastal areas, protecting and preserving Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, protecting the visual amenity of the and protecting sensitive coastal environments.

 

As per the NSW Coastal Protection Act, 1979 – Coastal Zone Map (Sheet 17) the subject site is located adjacent to a coastal protection zone, however it does not fall within the area identified under SEPP 71 as a Coastal Zone; as such SEPP 71 is not applicable to the subject application.

 

SEPP Building Sustainability Index (BASIX) 2004

The application is accompanied by a BASIX which satisfies the requirements of the SEPP in relation to potable water consumption, energy efficiency and thermal comfort.

 

2.      Randwick LEP 2012

 

The subject site is zoned Medium Density R3 under Randwick LEP 2012. The proposal development is classified as a Residential Flat Building 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 following Clauses of RLEP 2012 apply to the proposal:

 

Clause 4.3 – Height of Buildings

 

The objectives of Clause 4.3 of the RLEP 2012 are as follows:

 

·       To ensure that the size and scale of development is compatible with the desired future character of the locality,

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

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

 

The proposal results in a development which exceeds the maximum allowable building height by 2.15m. A Clause 4.6 exemption to development standards has been submitted with the subject development application. See Business paper for full discussion of non-compliance.

 

Clause 6.7 – Foreshore Scenic Protection Area

 

The objectives of Clause 6.7 of the RLEP 2012 are as follows:

 

·      To recognise, protect and enhance the natural, visual and environmental qualities of the scenic areas of the coastline,

·     To protect and improve visually prominent areas adjoining the coastal foreshore,

·     To protect significant public views to and from the coast,

 

The subject site is located within the RLEP 2012 identified Foreshore Scenic Protection Area, the proposed roof top terrace and associated stairs are visible from the foreshore area, however they are considered minor protruding elements and will not adversely affect the foreshore scenic protection area. Notwithstanding the above a condition has been recommended to reduce the height of the balustrade to the BCA minimum and reduce the stairwell height by 300mm, this will further result in the structures being indiscernible when viewed from the surrounding foreshore area. It is considered that the proposal meets the relevant objectives of Clause 6.7 of the RLEP 2012.

 

RLEP 2012 Compliance Table

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.9:1

No Change

Yes

Height of Building (Maximum)

12m

14.15m

No, See Business paper.

 

3.      Randwick Comprehensive DCP

 

3.2     C2 Table: Medium Density Residential

 

Randwick Development Control Plan

 

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

 

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

 

C2

Medium Density Residential

3

Building Envelope

3.2

Building height

 

The maximum building height for the subject site is 12m, identified under the RLEP 2012 building height map.

14.5m

No, See Business paper.

4

Building Design

4.2

Roof design

 

 (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.

The proposed rooftop terrace is considered to meet the relevant controls and objectives. It will not result in adverse impacts on the amenity of the adjoining properties or the character of the streetscape.

Complies, See discussion in Business Paper

5

Amenity

5.1

Solar access and overshadowing

 

Solar access for surrounding development

 

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

 

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

 

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

The proposed development will not result in any adverse overshadowing as any additional shadowing will fall over the roof form of the subject site.

Complies

5.3

Visual privacy

 

 (i)  Locate windows and balconies of habitable rooms to minimise overlooking of windows or glassed doors in adjoining dwellings.

(ii)  Orient balconies to front and rear boundaries or courtyards as much as possible. Avoid orienting balconies to any habitable room windows on the side elevations of the adjoining residences.

(iii) Orient buildings on narrow sites to the front and rear of the lot, utilising the street width and rear garden depth to increase the separation distance.

(iv) Locate and design areas of private open space to ensure a high level of user privacy. Landscaping, screen planting, fences, shading devices and screens are used to prevent overlooking and improve privacy.

(v)  Incorporate materials and design of privacy screens including:

-    Translucent glazing

-    Fixed timber or metal slats

-    Fixed vertical louvres with the individual blades oriented away from the private open space or windows of the adjacent dwellings

-    Screen planting and planter boxes as a supplementary device for reinforcing privacy protection

 

The proposed development will not result in significant additional adverse impacts on the adjoining properties.

Complies, See discussion in Business Paper

5.4

Acoustic privacy

 

 (i)  Design the building and layout to minimise transmission of noise between buildings and dwellings.

(ii)  Separate “quiet areas” such as bedrooms from common recreation areas, parking areas, vehicle access ways and other noise generating activities.

(iii) Utilise appropriate measures to maximise acoustic privacy such as:

-    Double glazing

-    Operable screened balconies

-    Walls to courtyards

-    Sealing of entry doors

 

The proposed roof top terrace comprises of a stairwell which services only one apartment. The rooftop terrace will not accessible from other apartments within the building and will not be utilised as communal open space.

 

It is consistent with other roof top terraces within the vicinity and will not result in adverse acoustic impacts on the adjoining properties.

Complies

5.5

View sharing

 

 (i)    The location and design of buildings must reasonably maintain existing view corridors and vistas to significant elements from the streets, public open spaces and neighbouring dwellings.

(ii)    In assessing potential view loss impacts on the neighbouring dwellings, retaining existing views from the living areas should be given a priority over those obtained from the bedrooms and non-habitable rooms.

(iii)   Where a design causes conflicts between retaining views for the public domain and private properties, priority must be given to view retention for the public domain.

(iv)   The design of fences and selection of plant species must minimise obstruction of views from the neighbouring residences and the public domain.  

(v)    Adopt a balanced approach to privacy protection and view sharing, and avoid the creation of long and massive blade walls or screens that obstruct views from the neighbouring dwellings and the public domain.

(vi)   Clearly demonstrate any steps or measures adopted to mitigate potential view loss impacts in the development application.

The proposal will not result in any additional view impacts on the adjoining properties as it sits above the roof line of the surrounding developments.

Complies

 

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

 

Clause 4.3 – Height of Buildings

 

The objectives of Clause 4.3 of the RLEP 2012 are as follows:

 

·       To ensure that the size and scale of development is compatible with the desired future character of the locality,

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

·       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.

 

Clause 6.7 – Foreshore Scenic Protection Area

 

The objectives of Clause 6.7 of the RLEP 2012 are as follows:

 

·      To recognise, protect and enhance the natural, visual and environmental qualities of the scenic areas of the coastline,

·     To protect and improve visually prominent areas adjoining the coastal foreshore,

·     To protect significant public views to and from the coast,

 

The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will provide the housing needs of the community whilst enhancing the aesthetic character and protecting 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.

 

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 have been addressed in this report.

 

The proposed development is consistent with the dominant residential character in the locality. The proposal will 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 business paper.

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

 

No referral was required.

 

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

A-2.01

Mkdarchitects

30/10/2015

A-2.02

Mkdarchitects

30/10/2015

A-3.01

Mkdarchitects

30/10/2015

A-3.02

Mkdarchitects

30/10/2015

A-3.03

Mkdarchitects

30/10/2015

 

Amendment of Plans & Documentation

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

 

a.   The 1.6m glass balustrades surrounding the ‘view decking’ shall be reduced to a maximum height of 1m, measured from the finished roof level.

 

b.   The height of the stair well shall be reduced by 300mm to a maximum height of RL35.400.

 

c.    This Development consent amends, where relevant the conditions issued under DA/277/2014 inclusive of modifications.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia

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

 

Stormwater Drainage

6.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

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

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

8.       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.

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

10.     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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

Demolition Work Requirements

14.     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

15.     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

16.     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

17.     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.

 

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

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

 

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

 

OPERATIONAL CONDITIONS

 

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

 

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

 

External Lighting

19.     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.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10    Demolition work and removal of asbestos materials:

 

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

 

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

 

A11    Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A12    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.

 

 


Planning Committee                                                                                                    14 June 2016

 

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Development Application Report No. D45/16

 

Subject:                  1 Daintrey Crescent, Randwick (DA/99/2016) - Deferred

Folder No:               DA/99/2016

Author:                    Louis Coorey, Senior Environmental Planning Officer      

 

 

Introduction

 

Council at its Ordinary meeting held on 24 May 2016, considered an assessment report recommending approval to a development application seeking consent for a new residential flat building. At this meeting, Council resolved:

 

“(Matson/Shurey) that this application be deferred to invite the applicant to submit amended plans to allow Council officers to assess the amended configuration of the parking in the basement, in order to preserve the jacaranda tree on the northern boundary, and for a new landscaping plan addressing the restricted height of the new tree to be planted on the frontage of the site.”

 

In response to the above resolution the Applicant submitted an Arborist report to Council which considered the option of retention of the jacaranda tree based on an amended basement car park design.

 

Issues

 

The Applicant prepared two options for the redesign of the basement in an attempt to accommodate the subject tree which are depicted below.

 

 

 

 

Councils Landscape Officer has reviewed the Arborist report in light of the amended designs and provided the following comments:

 

“I concur with all points in the attached Arboricultural Impact Assessment Report by Jacksons Nature Works dated 27/5/16.

 

The stand of native trees (T1-3) around the northeast corner of the site cannot be retained due to the significant lowering of levels that will be undertaken in this same area.

 

Neither option 1 or 2 will be enough to ensure the safe retention of the Jacaranda (T5) given the major encroachments that would result both above and below ground, all of which would have a major & negative impact on the tree. They never survive long-term once they’ve been ‘boxed-in’.

 

Council doesn’t require retention/transplanting of the Kentia Palm (7A) given the low success rate & long turn-around time of the process, but there are no objections should the applicant wish to proceed on this basis.”

 

It would appear that jacaranda tree cannot be retained without a further significant redesign of the basement of the building and at its levels above.

 

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

 

As the jacaranda tree the subject of Council’s deferral motion cannot be retained within the scope of the amendments that the Applicant has considered, the application is referred back to Council in its original form for determination.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 99/2016 for demolition of existing structures, construction of a 4 storey residential flat building with 10 dwellings with semi-basement car parking for 11 vehicles, at No. 1 Daintrey Crescent, Randwick, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

a.     Privacy screens having a height of 1.6m above floor level must be provided to northern side of balconies located at the northern eastern corners of the site at first and second floor levels. The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screens must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

b.     The mansard roof form shall be setback a further 500mm from the western (front) elevation.

c.      An area within the rear yard measuring a minimum of 4m from the rear boundary shall be dedicated as communal open space. This area shall be appropriately screened to ensure that suitable privacy is provided to the ground level two-bedroom apartment at the rear.

d.     The louvres to the northern and southern sides of the central breezeway shall be at least 50% open.

e.     A planter box having a depth of 900mm shall be installed along the entire northern edge of the terrace adjacent to the northern side of the living room at third floor level. This condition has been included to minimise the privacy impact on the neighbouring property at No. 5 Daintrey Crescent.

f.      The depth of the rear eastern facing balconies at first and second floor levels shall be reduced by 500mm.

g.     No consent is granted for fencing to the side and rear boundaries. Any new fencing shall be subject to a separate development application unless the fence design meets the Exempt and Complying development criteria specified under the SEPP Exempt and Complying Codes 2008.

 

Details showing compliance with this condition shall be submitted to Council’s Manager Development Assessment for approval prior to a construction certificate being issued for the development.

 

 

Attachment/s:

 

1.View

Arborist Report from Ross Jackson dated 27 May 2016

 

2.View

DA Executive report - 1 Daintrey Crescent, Randwick

 

3.View

DA Compliance Report

 

 

 

 


Arborist Report from Ross Jackson dated 27 May 2016

Attachment 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DA Executive report - 1 Daintrey Crescent, Randwick

Attachment 2

 

 

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Director City Planning Report No. CP25/16

 

Subject:                  1 Daintrey Crescent, Randwick (DA/99/2016)

Folder No:               DA/99/2016

Author:                    Louis Coorey, Senior Environmental Planning Officer      

 


Proposal:                 Demolition of existing structures, construction of a 4 storey residential flat building with 10 dwellings with semi-basement car parking for 11 vehicles (Heritage Conservation Area)

Ward:                      East Ward

Applicant:               Mkd Architects Pty Ltd

Owner:                    Mr P Pires and Mrs A Pires

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Ordinary Council meeting as the development has a cost of works greater than $2million.

 

Proposal

 

The proposal involves the demolition of existing structures and construction of a 4 storey residential flat building comprising 10 dwellings and semi-basement car parking for 11 vehicles.

 

Amended plans were received by Council on 31 March 2016, amending the layout of landscaping in front of the building; increasing the depth of the rear balconies and reconfiguring the pedestrian entry. These amendments do not result in any additional impact on the neighbouring properties with the exception of the increase in balcony depth; a condition is included requiring the increase in balcony depths to essentially be removed requiring a 500mm reduction in the depth of the east facing balconies at first and second floor level.

 

Site

 

The site is located at the eastern side of Daintrey Crescent in Randwick. The site is located within the Spot Heritage Conservation area. Daintrey Crescent wraps around in a loop starting from the western end of St Pauls Street and returning to St Pauls Street towards the east.

 

The subject site sits above street level with a sloping grass verge rising to the elevated ground level within the site. The site is rectangular in shape with a western frontage of 19.65m and a side boundary depth of 30.51m to the south and 30.81m to the north and a total site area of 604.4sqm. The southern side adjoins a four storey flat building whose address is identified as No. 65 St Pauls Street. The northern side boundary adjoins the rear boundaries of Properties identified as No. 3 and 5 Daintrey Crescent. The rear boundary has a width of 19.74m and adjoins the rear of a development at No. 11 Daintrey Crescent. The rear yard of the site is approximately 2m above the land levels of the neighbouring properties.

 

Photos of the subject site and adjoining development to the south at No. 65 St Pauls Street as well as an Aerial image of the site and surrounding properties are provided as follows:

 

Photo of subject site.

 

Photo showing the elevated rear yard of the subject site.

 

Neighbouring residential flat building to the south at No. 65 St Pauls Street. The stairs at left lead into the clothes line area referenced in this report.

 

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:

 

3 Daintrey Crescent, Randwick

 

Issue: The glazing along the northern elevation is substantial and will result in adverse overlooking into our rear yard arear at No. 3 Daintrey Crescent

 

Comment: The glazing elements along the northern side include narrow slim windows, ground level sliding doors, and upper level (level three) sliding door to a terrace and bedroom window. The central component that extends from ground to the third floor level is a louvred breezeway corridor and does not contain glazing.

 

In relation to the ground level sliding doors, there are no privacy concerns as a standard 1.8m high side fence would provide reasonable privacy screening.

 

The slim windows to the kitchen do not result in any privacy concerns due to their narrow height.

 

In relation to the third floor level bedroom window and terrace, there is adequate vertical distance from the neighbour’s northern elevation and their rear yard areas for the purposes of privacy protection – however it is noted that a condition is included requiring a planter box at the northern side of this balcony to restrict sightlines from this balcony into the habitable room windows of the dwelling at No. 5 Daintrey Crescent. In relation to the privacy impacts from the other north-eastern corner balconies at first and second floor level, a condition is included requiring a 1.6m high privacy screen along the northern side of these balconies to adequately restrict sightlines.

 

In relation to the breezeway attached to the lobby from ground to third floor level, there are no major concerns with the privacy impact as they are low use transient areas which do not lend themselves for the purposes of entertainment.

 

Issue: Concerned with the loss of mature trees within the subject site and those located at street level which contribute to privacy and amenity.

 

Comment: Acknowledged. However it is considered that suitable privacy measures have been employed within the development and appropriate conditions have been recommend in this report to ensure reasonable privacy protection of neighbouring properties. In terms of the contribution to general amenity, the applicant has provided a landscape plan that is considered suitable for this purpose. It is also considered that the earthworks carried out within the rear yard will be more beneficial in terms of privacy and amenity of neighbouring properties, both reducing the necessity for significantly sized retaining walls along the boundaries of the rear yard. The Olive tree is not covered by Councils Tree Preservation Order and therefore may be removed without consent.

 

9 Daintrey Crescent, Randwick NSW 2031

 

Issue: loss privacy and overshadowing and concerned with the loss of vegetation

 

Comment: The proposal will not result in any additional mid-winter overshadowing in to the objectors property as it is located at the north-eastern side of the subject site. In relation to privacy, the balconies are 6m from the corner boundary shared with this neighbour’s property providing sufficient separation. In relation to the loss of vegetation see comments above.

 

3/65 St Pauls Street, Randwick NSW 2031

 

Issue: The proposed development will have significant overshadowing on the balconies attached to units 7 to 12.

 

Comment: There will be additional overshadowing to the southern property and to their balcony areas however these balconies face west and will receive the 3hrs minimum. It is further noted that the additional overshadowing is largely unavoidable and a consequence of the orientation of the site rather than an inappropriate form of development for the site having regard to the context of the surrounding area and the scale of development envisaged and guided by the Apartment Design Guide, Council’s standards in the RLEP and objectives and controls in the RDCP.

 

Issue: The applicant is trying to put too much into too small a space resulting in an excessive scale

 

Comment: The proposed development displays a high level of compliance with the relevant controls applicable to this form of medium density development. The non-compliances have been adequately assessed in this planning report. The development as a whole is considered to be appropriately planned taking into account the size of the site and context of surrounding developments. The overall scale of the development as conditioned for the mansard to be setback further from the front elevation will achieve an appropriately scaled development for the site and surrounding area. It is also noted that the only windows on the northern elevation of this residential flat building serves a bathroom and not a living room.

 

Issue: The close proximity and height will mean that the residents within the development will have direct views into the apartments of existing residents.

 

Comment: The proposed development as designed and conditioned will not result in any unreasonable or significant privacy impacts on the residents within No. 65 St Pauls Street.

 

Impact: The proposed development will result in excessive noise impacts

 

Comment: The proposed development has been designed to have the majority of balconies face the front and rear of the building and the sizes of these balconies are not considered of a size that would contribute to significant noise impacts.

 

Issue: The development does not provide a realistic amount of parking

 

Comment: the proposed development provides compliant levels of car parking spaces, bicycle and motor cycle spaces in accordance with Part B7 of the RDCP 2013.

 

9/65 St Pauls Street Randwick NSW 2031

 

Issue: The excavation of the grass hill in front of the site will detrimentally affect the streetscape

 

Comment: The grass verge in front of the site is not considered to contribute positively to the aesthetic quality of the site and the character of the streetscape.

 

Issue: Excessive scale within the site and results in a terrible precedent.

 

Comment: The overall scale of the development as conditioned is considered to be acceptable having regard to the relevant matters for consideration in the assessment of the application. In particular, the proposed development provides a density and building envelope that is compliant with Councils RLEP and the majority of controls under RDCP 2013 regarding medium density residential development.

 

Issue: increased demand for on street parking

 

Comment: see comments above.

 

Issue: Significant blocking of sunlight and lack of privacy

 

Comment: See comments made in this report relating to orientation and solar access and privacy.

 

Key Issues

 

Earthworks (Cl. 6.2 of the RLEP 2012 & Part C2 of the RDCP 2013)

 

Depth of excavation

 

The basement level is at street level and considered an adequate outcome having regard to the relevant objectives. The proposed lowering of the rear yard by 2m is significant. It is considered that this is adequate because the lower rear yard level will be closer to and more consistent with the finished lower ground levels on neighbouring properties at Nos. 5, 9, 11 Daintrey Crescent and Nos. 67-69 St Pauls Road. This is considered a better planning outcome.

 

 

 

Loss of trees

 

The excavation within the rear yard means two mature trees will be removed. Although the loss of these two mature trees is unfortunate, it is considered that the outcome will be beneficial to the surrounding area as the lowering land levels closer to those on surrounding properties which will have the effect of lowering the height of the existing high retaining walls and fencing opposite neighbouring properties to the rear and parts of the side boundary.

 

Stability:

 

Appropriate conditions are included to ensure the neighbouring land and structures are adequately supported.

 

State Environmental Planning Policy 65 – Design Quality Residential Flat Buildings (Apartment Design Guide)

 

SEPP No. 65 aims to promote quality design of Residential Flat Buildings. The proposal is subject to the policy as it involves the development of a residential flat building being 3 storeys and more in height. Council’s Design Review Panel has considered the proposal and the Panel’s comments are included in a Section of the DA Compliance report. An assessment has been carried out in accordance with Part 3: Siting the Development and Part 4: Designing the Building of the Apartment Design Guide (ADG) against the design criteria requirements. The key non-compliance to the design criteria includes a merits based assessment as per the design guidance of the Apartment Design Guide (included in this Council meeting report below). These include controls relating to communal open space, and visual privacy.

 

Orientation – solar access (Part 3B-2 of ADG and Part C2 of RDCP 2013)

 

This part of the ADG and the RDCP 2013 is included as a key issue in this Council meeting report as the required 6m side setback for the purposes of solar access to neighbouring properties has been raised in submissions received by Council. The proposed development is only 3.5m from the southern side boundary which does not meet the minimum 6m control in the ADG; however it does meet the minimum side setback control in the RDCP 2013 under Part C2 – Medium Density residential development for a site of this width.

 

The ADG requires a minimum of two hours of direct solar access be provided to the affected neighbours (Living areas, private open space and communal open space) between the hours of 9am – 3pm, mid-winter. The proposed development does not reduce solar access to these areas of the neighbouring property to the south at No. 65 St Pauls Street. The areas affected by the proposed development include north facing bathroom windows and two clothes lines located between the northern elevation and the boundary shared with the subject site. Parts of the clothes line area will receive two hours of direct sunlight in the afternoon period. The neighbour’s private open space in the front of their building in the form of balconies will also receive the minimum two hours of solar access.

 

Therefore in terms of solar access, the proposed development is considered acceptable having regard to the ADG and RDCP side setback controls. Also, the east-west orientation of the site and the lower land level of the neighbouring property to the south means that southern neighbouring properties are highly vulnerable to overshadowing. The demonstrated high level of compliance with the site planning and envelope controls in the RDCP 2013 means that the additional overshadowing is largely an unavoidable consequence of the site conditions rather than a result of inappropriate site planning or envelope. It is also noted that any further setback from the southern side boundary would severely compromise the development potential of the subject site as well as detract from the spatial setting of the development and presentation along the street.

 

Overall, the proposal is considered to be consistent with the design guidance for 3B-2 Orientation.

 

Communal Open Space (Part 3D-1 of ADG and Part C2 of the RDCP 2013)

 

The SEPP 65: Design Quality of Residential Apartment Development policy requires consideration of the Apartment Design Guide (ADG) which also requires that communal open space be provided with a minimum of 25% of the site. The Council controls also require that communal open space for residential flat buildings is of a sufficient contiguous area (with minimum depth of 2m) and not divided up for allocation of individual units. The proposal does not comply with the ADG or Council controls providing only 5.6% communal space at the southern side (with a depth of 1.8m) and south-eastern corner of the site (compliant depth).

 

In the ADG, the design guidance for communal open space indicates that it may be difficult for developments on smaller allotments to provide a compliant area for communal open space. Given the generous allotment size and width it is considered that the proposed smaller communal open space area is inadequate in servicing the occupants within the building and additional communal open space is capable of being accommodated within the rear yard. Therefore it is recommended that a condition is included requiring the rear permeable area measuring 4m from the rear boundary for the full length of the rear yard to be allocated as communal open space. This will increase the communal open space to 20%. Whilst this is still less than the 25% required in the ADG, it is considered acceptable having regard to the design guidance provided in the ADG as each apartment is provided with separate private open space and the provision of any additional communal open space would unfairly compromise other parts of the development.

 

In addition to the above, as this required communal open space area is adjacent to two bedroom ground level apartment at the rear, the condition shall also make provisions for a strategically located privacy screening between these two areas.

 

Overall, it is considered that the allocation of additional area for communal open space ensure compliance with the design guidance provided for in the ADG as well as Council controls for providing a reasonably sized communal area within the site that also receives reasonable levels of solar access.

 

Visual Privacy (3F-1 of ADG)

 

In order to achieve appropriate levels of visual privacy, the ADG requires a minimum building separation of 6 metres from habitable rooms (inclusive of balconies) to the side boundaries and 3 metres from non-habitable rooms for buildings up to 4 storeys in height.

 

Windows

 

The proposed highlight windows on the southern elevation do not pose any unreasonable privacy impacts on the neighbouring properties.

The proposed windows on the northern elevation are sling windows of narrow height and don’t afford any substantial privacy impacts.

The windows on the eastern elevation are suitably setback from the rear boundary and the neighbouring property.

 

 

Balconies

 

The proposed balconies (at first and second floor level) located at the northeastern corner of the development are only 3m from the northern side boundary shared with Nos. 3 and 5 Daintrey Crescent and well within the ADG required 6m side setback.

 

As these first and second floor balconies form the principle private open space for the apartments it is reasonable to require additional privacy protection measures. A condition is included requiring 1.6m high screen to be appropriately designed and located at the northern side boundary of these balconies. This condition appropriately minimises direct sightlines and is consistent with Councils objectives for Medium Density Residential development under Part C2 of the RDCP 2013.

 

It is noted that no screen is required for the northern side upper level 3 balcony as it is conditioned to be provided with a 900mm planter box along the northern side of the terrace ensuring adequate separation from the neighbouring properties in regard to the ADG requirements.

 

The east facing balconies to bedrooms have been increased in depth from 500mm to 1000mm. As these balconies have not been notified a condition has been included requiring them to reduce in depth to a maximum of 500mm.

 

Randwick Development Control Plan

 

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

 

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

 

Roof design (Part 4.2 of the RDCP 2013 and Clause 5.10 of the RLEP 2012)

 

The proposed development has a mansard roof form, which contains greater massing than a conventional hipped or gable roof form. The massing and scale of the roof is also exaggerated by it being in close proximity to the perimeter of the building at the front.

 

Council’s Heritage planner indicates that relative to the scale and massing of the neighbouring properties along Daintrey Crescent that the scale should be reduced. In this respect, in discussions with the Heritage planner, it is considered suitable that the mansard roof be required to be setback an additional 500mm from the front elevation.

 

The only projecting feature of the roof is the lift overrun which is limited to only a small part of the development and will not present an obtrusive element from the street therefore this element is excluded from the condition above.

 

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 non-compliances occur are adequately addressed in the assessment of the application and will not result in any unreasonable or significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

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

 


 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 99/2016 for demolition of existing structures, construction of a 4 storey residential flat building with 10 dwellings with semi-basement car parking for 11 vehicles, at No. 1 Daintrey Crescent, Randwick, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

a.     Privacy screens having a height of 1.6m above floor level must be provided to northern side of balconies located at the northern eastern corners of the site at first and second floor levels. The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screens must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

b.     The mansard roof form shall be setback a further 500mm from the western (front) elevation.

c.      An area within the rear yard measuring a minimum of 4m from the rear boundary shall be dedicated as communal open space. This area shall be appropriately screened to ensure that suitable privacy is provided to the ground level two-bedroom apartment at the rear.

d.     The louvres to the northern and southern sides of the central breezeway shall be at least 50% open.

e.     A planter box having a depth of 900mm shall be installed along the entire northern edge of the terrace adjacent to the northern side of the living room at third floor level. This condition has been included to minimise the privacy impact on the neighbouring property at No. 5 Daintrey Crescent.

f.      The depth of the rear eastern facing balconies at first and second floor levels shall be reduced by 500mm.

g.     No consent is granted for fencing to the side and rear boundaries. Any new fencing shall be subject to a separate development application unless the fence design meets the Exempt and Complying development criteria specified under the SEPP Exempt and Complying Codes 2008.

 

Details showing compliance with this condition shall be submitted to Council’s Manager Development Assessment for approval prior to a construction certificate being issued for the development.

 

 


Attachment/s:

 

1.

DA Compliance Report - 1 Daintrey Crescent, Randwick

Included under separate cover

 

 


DA Compliance Report

Attachment 3

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/99/2016

PROPERTY:     

 

1 Daintrey Crescent, RANDWICK  NSW  2031

Proposal:

Demolition of existing structures, construction of a 4 storey residential flat building with 10 dwellings with semi-basement car parking for 11 vehicles.

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.      State Environmental Planning Policies –

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

SEPP 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. To assist in considering these matters, the SEPP requires consideration of a report on a preliminary investigation where a rezoning/development allows a change of use that may increase the risk to health or the environment from contamination.

 

A preliminary contamination assessment report was not provided, however it is not considered that the premises have been used for any potentially contaminating activities. It is considered that the site could be made suitable for the proposed development.

 

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The applicant has submitted a BASIX certificate. The plans have been checked with regard to this certificate and they are generally consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX.

 

State Environmental Planning Policy 65 – Design Quality Residential Flat Buildings

 

SEPP No. 65 aims to promote quality design of Residential Flat Buildings. The proposal is subject to the policy as it involves the development of a residential flat building being 3 storeys and more in height. Council’s Design Review Panel has considered the proposal. The Panel’s comments are included in this report. An assessment has been carried out in accordance with Part 3: Siting the Development and Part 4: Designing the Building of the Apartment Design Guide against the design criteria requirements below. Any non-compliance to the design criteria includes a merits based assessment (included in the Council meeting report) as per the design guidance of the Apartment Design Guide.

 

Clause

Requirement

Proposal

Compliance

Part 3: Siting the Development

3A-1

Site Analysis

 

 

 

Each element in the Site Analysis Checklist should be addressed

 

 

3B-1

Orientation

 

 

 

Buildings along the street frontage define the street, by facing it and incorporating direct access from the street (see figure 3B.1)

The proposed development will maintain direct access from Daintrey Crescent

Yes

 

Where the street frontage is to the east or west, rear buildings should be orientated to the north

Only one built form is proposed. Notwithstanding, the proposed development has been designed with balconies facing north. Although a condition requires screening this is only to 1.6m in height to the northern side of balconies at first and second floor level. The screens will not exclude solar access to compliant levels.

Yes.

 

Where the street frontage is to the north or south, overshadowing to the south should be minimised and buildings behind the street frontage should be orientated to the east and west as per figure 3B.2 in the ADG guidelines document.

N/A.

N/A.

3B-2

Orientation

 

 

 

Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access

Solar access will be retained for at least two hours for each apartment.

Yes

 

Solar access to living rooms, balconies and private open

Spaces* of neighbours should be considered

The southern neighbour’s northern elevation at 65 St Pauls Street contains a frosted awning window that appears connected to a bathroom based on the approved plans for the flat building and not living room. This treatment to this window would not allow for direct solar access through it but rather light.

The open area adjacent contains an open area with two clotheslines and not private open space. There will be solar access to this area in the afternoon period. It is noted that the private open space at the rear of the flat building is set well below the land level further north within the site which also contains an outbuilding housing storage or other which in essence already overshadows their private open space.

Yes

 

Where an adjoining property does not currently receive the required hours of solar access, the proposed building ensures solar access to neighbouring properties* is not reduced by more than 20%

See comment above

Yes

 

If the proposal will significantly reduce the solar access of neighbours*, building separation should be increased beyond minimums contained in section 3F Visual privacy

See comments above

Yes.

 

Overshadowing should be minimised to the south or downhill by increased upper level setbacks to neighbour’s*

The proposal will provide a southern side setback of 3.5m, which complies with the Part C2 RDCP 2013 controls. In addition, the mansard element has a southern side setback of around 4.2m, which is greater than the minimum.  

Yes Appropriate southern side setback

 

It is optimal to orientate buildings at 90 degrees to the boundary with neighbouring properties to minimise overshadowing and privacy impacts, particularly where minimum setbacks are used and where buildings are higher than the adjoining development

The building is orientated 90 degrees from the property boundary and will comply with the objectives of the ADG requirements having regard to privacy

Complies.

 

A minimum of 4 hours of solar access should be retained to

Solar collectors on neighbouring buildings

The building will not impact potential solar collectors of the neighbouring building to less than 4 hours.

Complies.

3D-1

Communal and Public Open Space

 

 

 

Communal open space has a minimum area equal to

25% of the site (see figure 3D.3)

The proposed development has two sections of common open space at the southern side of the site and at the rear totalling around 34sqm. A portion of the communal area has a depth of only 1.8m and does not meet the minimum dimensions in part C2 of Councils RDCP 2013. The eastern end of the area at the rear of the site has a minimum dimension of 3.35m (x 5.35m)

 

The total area measures around 34sqm, or 5.7% of the total site area, which is substantially below the 25% minimum under the ADG.

Does not comply. Refer to Key Issues section in Council report

Comment: A condition is included requiring the rear permeable area to be allocated as communal open space. This area measures around 4m by 18.7m (allowing for a privacy screen buffer from the ground level apartment), which in combination with the other areas accounts for 20% of the site area. Although this area is still below the 25% it will nevertheless provide a suitable area of open space and the development contains areas of private open space for each apartment that are generally above the minimum required under the ADG. Further it is not considered that any additional area can be provided without substantially impacting on the development which has a site coverage and open space area that is generally compliant with controls in the ADG and Councils RDCP 2013.

 

Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)

The communal open space located on the eastern and southern side of the site will retain direct solar access between the hours of 9am – 12noon and comply with the ADG requirements. 

Complies.

3E-1

Deep Soil Zones

 

 

 

Deep soil zones are to meet the following minimum requirements:

 

Site area

Minimum Dimensions

Deep Soil Zone (% of site area)

<650m2

-

7%

650-1500m2

3m

>1500m2

6m

>1500m2 with sig. existing tree cover

6m

151sqm (25%)

Complies.

3F-1

Visual Privacy

 

 

 

Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

 

Building height

Habitable rooms and balconies

Non-habitable rooms

Up to 12m (4 storeys)

6m

3m

Up to 25m (5-8 storeys)

9m

4.5m

>25m (9+ storeys)

12m

6m

 

Note: Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties.

 

Northern side:

 

Highlight windows don’t pose any unreasonable privacy impact;

 

Balconies:

 

The 1st and 2nd floor balconies located at the north-eastern corner of the development are only 3.1m from the northern side boundary. In order to restrict direct overlooking a condition is required for a 1.6m high screen along the northern side of these balconies.

 

 

The rear east facing balconies at first and second floor level are less than 6m from the rear. It is noted that the applicant increased the depth of these east facing balconies moving them closer to the northern side boundary by around 500mm in response to the DRP comments. However, it is not considered necessary as there are main balconies that meet the minimum area required and it is considered more appropriate to more generally align these balconies with the main built form which is 3.5m from this side boundary. Therefore a condition is included requiring these balconies to be reduced in depth to a maximum of 500mm.

 

Gallery/breezeway space is a transient area servicing at most three apartments and not considered an area, which would pose any unreasonable privacy impacts. In addition, this area has screening which would assist with restricting sightlines towards the rear elevation of the flat building opposite at No. 3 and 5 Daintrey Crescent.

 

 

Southern side:

 

Highlight windows don’t pose any unreasonable privacy impacts

 

Gallery/breezeway space is 3.5 metres setback from the side boundary however they are opposite treated north facing bathroom windows on the building opposite and don’t pose any privacy impacts. See also comments above relating to transient nature of the use of breezeway space.

 

 

Yes

 

 

 

 

 

No, does not comply. See key issues section of the Council meeting report

 

 

 

 

 

 

See comment at left

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes see comment at left

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes, see comment at left

 

 

 

3J-1

Bicycle and Car Parking

 

 

 

For development in the following locations:

·      on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

·      on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

 

The minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less.

 

The car parking needs for a development must be

provided off street

6 spaces are provided.

6 spaces are required under the Randwick Development Control Plan 2013 for Vehicular Parking Rates.

 

The proposed development provides 11 spaces and requires 11 spaces.

 

One motorcycle space is provided and one is required.

 

Yes

Part 4: Designing the Building

4A

Solar and Daylight Access

 

 

 

Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

All apartments will receive the minimum of two hours of direct sunlight between the hours of 9am – 3pm on the 21 June.

Yes 

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

All of the apartments will receive direct sunlight between the hours of 9am – 3pm on the 21 June.

Yes

4B

Natural Ventilation

 

 

 

At least 60% of apartments are naturally cross-ventilated in the first nine storeys of the building.

All apartments (100%) will receive cross ventilation achieved by including an opening adjacent to the common entryways.

Yes

 

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line

The depth of the units at ground, first and second floor level measure between 6m and 8m. The upper level three-bedroom apartment has a depth of around 13m.

Yes.

4C

Ceiling Heights

 

 

 

Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

 

Minimum Ceiling height for apartment and mixed use buildings

Habitable rooms

2.7m

Non-habitable

2.4m

For 2 storey apartments

2.7m for main living area floor; 2.4m for second floor where its area does not exceed 50% of the apartment area

Attic spaces

1.8m at edge of room with a 30 degree minimum ceiling slope

If located in mixed used areas

3.3m for ground and first floor to promote future flexibility of use.

 

These minimums do not preclude higher ceilings if desired.

 

2.7 metre floor to ceiling heights

Yes

4D

Apartment Size and Layout

 

 

 

Apartments are required to have the following minimum internal areas:

 

Apartment Type

Minimum Internal Area

Studio

35m2

1 bedroom

50m2

2 bedroom

70m2

3bedroom

90m2

 

 

 

 

Studio Units: 38sqm

2 bedroom: 83sqm

3 bedroom: 94sqm

 

 

 

 

Yes.

 

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms

All habitable rooms comprise of a window opening and will not comprise less than 10% of the floor area of the room.

Yes.

 

Habitable room depths are limited to a maximum of

2.5 x the ceiling height

Complies.

Yes.

 

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window

Open plan layouts are located within an 8 metres depth of a habitable room window

Yes.

 

Master bedrooms have a minimum area of 10m2 and other bedrooms 9m2 (excluding wardrobe space)

Bedrooms will achieve the minimum area requirements in 9m2 and 10m2, respectively.

Yes

 

Bedrooms have a minimum dimension of 3m (excluding wardrobe space)

All bedrooms have a minimum dimension of 3 metres.

Yes.

 

Living rooms or combined living/dining rooms have a minimum width of:

·      3.6m for studio and 1 bedroom apartments

·      4m for 2 and 3 bedroom apartments

The studio apartments will consist of a width of 3.6 metres and the 2-bedroom apartment has a width of 6 metres.

Yes.

 

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts

The proposed apartment widths are 6.3m (studio) and 7.7m (two bed)

Yes.

4E

Private open space and balconies

 

 

 

All apartments are required to have primary balconies as follows:

 

Dwelling Type

Minimum Area

Minimum Depth

Studio Apt.

4m2

-

1 bed Apt.

8m2

2m

2 bed Apt.

10m2

2m

3+ bed Apt.

12m2

2.4m

 

The minimum balcony depth to be counted as contributing to the balcony area is 1m.

·      The studio apartments have POS measuring 10.44sq

·      The two-bedroom apartments have areas greater than the minimum

·      The three bedroom apartment has a POS of 17sqm

·      The ground level apartments provide an area of at least 15sqm with a minimum depth of 2 metres at ground level.

Yes.

 

For apartments at ground level or on a podium or similar structure, a private open space is provided

instead of a balcony. It must have a minimum area of 15m2 and a minimum depth of 3m

The ground floor terraces comprises of sizable courtyards in excess of 15sqm and 3m depths.

Yes.

4F

Common Circulation and Spaces

 

 

 

The maximum number of apartments off a circulation core on a single level is eight

Each core will provide entry to a maximum of 3 apartments.

Yes.

 

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40

The development is less than 10 storeys in height. Not applicable.

N/A.

4G

Storage

 

 

 

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

 

Dwelling Type 

Storage Size Volume

Studio

4m3

1 bedroom

6m3

2 bedroom

8m3

3bedroom

10m3

 

At least 50% of the required storage is to be located within the apartment

The subject site includes ample space to provide storage within each apartment.

Yes.

 

Key Issues – see Council meeting report:

 

Design review panel -see section below

 

2.      Randwick LEP 2012

 

The subject site is zoned R3 under Randwick LEP 2012. The proposal development is classified as a residential flat building and is permissible in the zone. The zoning objectives are addressed as follows:

 

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

0.89:1

Yes

Height of Building (Maximum)

12m

11.97m to lift overrun

Yes

Earthworks

Provisions under Clause 6.2

Substantial excavation is sought for the basement and rear yard level

See key issues section of Council meeting report.

 

 

Heritage conservation

Provisions under Clause 5.10

Councils Heritage planner has provided comments and recommends a reduction in the scale of the development.

Yes subject to condition requiring an increase in the front setback of the upper Mansard roof level by 500mm to reduce the scale of the development.

 

3.      Randwick Comprehensive DCP

 

Randwick Development Control Plan

 

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

 

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

 

B6 Recycling and Waste Management

 

DCP Clause

Control

Proposal

Compliance

4.

On-Going Operation

 

 

 

(iv) Locate and design the waste storage facilities to visually and physically complement the design of the development. Avoid locating waste storage facilities between the front alignment of a building and the street where possible.

 Basement level

Yes

 

(v)  Locate the waste storage facilities to minimise odour and acoustic impacts on the habitable rooms of the proposed development, adjoining and neighbouring properties.

Basement level with mechanical ventilation

Yes

 

(vi) Screen the waste storage facilities through fencing and/or landscaping where possible to minimise visual impacts on neighbouring properties and the public domain.

 

 

Yes

 

(vii)  Ensure the waste storage facilities are easily accessible for all users and waste collection personnel and have step-free and unobstructed access to the collection point(s).

 

 

Yes

 

(viii)Provide sufficient storage space within each dwelling / unit to hold a single day’s waste and to enable source separation.

 

 

Yes

 

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

 

 

Yes

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

Car parking requirements:

1space per 2 studios

1 space per 1-bedroom unit (over 40m2)

1.2 spaces per 2-bedroom unit

1.5 spaces per 3- or more bedroom unit

1 visitor space per 4 dwellings

 

11 space provided for 11 required

Yes

 

Motor cycle requirements:

5% of car parking requirement

 

One provided and one required

Yes

4.

Bicycles

 

Residents:

1 bike space per 2 units

Visitors:

1 per 10 units

 6 provided and 6 required

Yes

C2

Medium Density Residential

2

Site Planning

2.1

Site Layout Options

Site layout and location of buildings must be based on a detailed site analysis and have regard to the site planning guidelines for:

·      Two block / courtyard example

·      T-shape example

·      U-shape example

·      Conventional example

Conventional

Yes

2.2

Landscaped open space and deep soil area

2.2.1

Landscaped open space

 

A minimum of 50% of the site area (300.3m2) is to be landscaped open space.

 

50%

Yes

2.2.2

Deep soil area

 

(i)   A minimum of 25% of the site area (150m2) should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting.

25%

Yes

 

(ii)  Deep soil areas must be located at ground level, be permeable, capable for the growth of vegetation and large trees and must not be built upon, occupied by spa or swimming pools or covered by impervious surfaces such as concrete, decks, terraces, outbuildings or other structures.

 

Yes

 

(iii) Deep soil areas are to have soft landscaping comprising a variety of trees, shrubs and understory planting.

 

Yes

 

(iv) Deep soil areas cannot be located on structures or facilities such as basements, retaining walls, floor slabs, rainwater tanks or in planter boxes.

 

Yes

 

(v)  Deep soil zones shall be contiguous with the deep soil zones of adjacent properties.

 

Yes

2.3

Private and communal open space

2.3.1

Private open space

 

Private open space is to be:

(i)   Directly accessible from the living area of the dwelling.

(ii)  Open to a northerly aspect where possible so as to maximise solar access.

(iii) Be designed to provide adequate privacy for residents and where possible can also contribute to passive surveillance of common areas.

 

Yes

 

For residential flat buildings:

(vi) Each dwelling has access to an area of private open space in the form of a courtyard, balcony, deck or roof garden, accessible from with the dwelling.

(vii)  Private open space for apartments has a minimum area of 8m2 and a minimum dimension of 2m.

See ADG requirements for minimum areas of private open space.

Yes

2.3.2

Communal open space

 

 

 

Communal open space for residential flat building is to be:

(a)  Of a sufficient contiguous area, and not divided up for allocation to individual units.

(b)  Designed for passive surveillance.

(c)  Well oriented with a preferred northerly aspect to maximise solar access.

(d)  adequately landscaped for privacy screening and visual amenity.

(e)  Designed for a variety of recreation uses and incorporate recreation facilities such as playground equipment, seating and shade structures.

A portion of the communal open space has dimensions of 1.8m at the southern side of the site.

No, see key issues section in Council report.

3

Building Envelope

3.1

Floor space ratio

 

0.9:1

 

 

 

 

0.89:1

Yes

3.2

Building height

 

12m

 

 

 

 

 

11.97m to lift overrun

Yes

3.3

Building depth

 

For residential flat buildings, the preferred maximum building depth (from window to window line) is between 10m and 14m.

Any greater depth must demonstrate that the design solution provides good internal amenity such as via cross-over, double-height or corner dwellings / units.

 

17m total

Yes

3.4

Setbacks

3.4.1

Front setback

(i)     The front setback on the primary and secondary property frontages must be consistent with the prevailing setback line along the street.

Notwithstanding the above, the front setback generally must be no less than 3m in all circumstances to allow for suitable landscaped areas to building entries.

(ii)    Where a development is proposed in an area identified as being under transition in the site analysis, the front setback will be determined on a merit basis.

(iii)   The front setback areas must be free of structures, such as swimming pools, above-ground rainwater tanks and outbuildings.

(iv)   The entire front setback must incorporate landscape planting, with the exception of driveways and pathways.

The front setback as amended is considered suitable for the site ensuring more open spaces in the front street level entry to basement.

 

The proposed development provides varying front setbacks of 3.9m to the front planter at elevated ground level, 5.4m to the front balcony/roof line at first floor level and 7.3m to the front building line. The proposed front setbacks are considered appropriate for the site having regard to the average setbacks between the secondary side setback of the building at No. 3 Daintrey Crescent and the front setback of No. 65 St Paul’s Road.  

Yes

3.4.2

Side setback

 

Residential flat building

 

(i)     Comply with the minimum side setback requirements stated below:

-    18m> site frontage width<20m: 3.5m

(ii)    Incorporate additional side setbacks to the building over and above the above minimum standards, in order to:

-    Create articulations to the building facades.

-    Reserve open space areas and provide opportunities for landscaping.

-    Provide building separation.

-    Improve visual amenity and outlook from the development and adjoining residences.

-    Provide visual and acoustic privacy for the development and the adjoining residences.

-    Ensure solar access and natural ventilation for the development and the adjoining residences.

(iii)   A fire protection statement must be submitted where windows are proposed on the external walls of a residential flat building within 3m of the common boundaries. The statement must outline design and construction measures that will enable operation of the windows (where required) whilst still being capable of complying with the relevant provisions of the BCA.

 

 

3.5m side setbacks; the only component that extends beyond the side setback control are the northern side of the balconies at first, second floor level.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional side setbacks are not considered necessary for the purposes of solar access, privacy or visual amenity of the neighbouring properties.

 

 

 

 

 

 

 

 

3.4.3

Rear setback

 

For residential flat buildings, provide a minimum rear setback of 15% (4.62m) of allotment depth or 5m, whichever is the greater.

6m

Yes

4

Building Design

4.1

Building façade

 

 

(i)     Buildings must be designed to address all street and laneway frontages.

(ii)    Buildings must be oriented so that the front wall alignments are parallel with the street property boundary or the street layout.

(iii)   Articulate facades to reflect the function of the building, present a human scale, and contribute to the proportions and visual character of the street.

(iv)   Avoid massive or continuous unrelieved blank walls. This may be achieved by dividing building elevations into sections, bays or modules of not more than 10m in length, and stagger the wall planes.

(vi)   Conceal building services and pipes within the balcony slabs.

 

Building is considered to be well designed 

 

 

It is oriented to the street

 

It contains good levels of articulation and provides walls of appropriate length.

Yes

4.2

Roof design

 

 (i)    Design the roof form, in terms of massing, pitch, profile and silhouette to relate to the three dimensional form (size and scale) and façade composition of the building.

(ii)    Design the roof form to respond to the orientation of the site, such as eaves and skillion roofs to respond to sun access.

(iii)   Use a similar roof pitch to adjacent buildings, particularly if there is consistency of roof forms across the streetscape.

(iv)   Articulate or divide the mass of the roof structures on larger buildings into distinctive sections to minimise the visual bulk and relate to any context of similar building forms.

(v)    Any services and equipment, such as plant, machinery, ventilation stacks, exhaust ducts, lift overrun and the like, must be contained within the roof form or screened behind parapet walls so that they are not readily visible from the public domain.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(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.

(viii) The provision of landscape planting on the roof (that is, “green roof”) is encouraged. Any green roof must be designed by a qualified landscape architect or designer with details shown on a landscape plan.

 

The proposed mansard roof form is located in close proximity to the elevations below. Whilst there is some articulation provided by the openings it is considered that the bulk and scale along the street could be reduced the requiring a further setback of  setback of 500mm from the front. Council’s Heritage Planner indicates that this will be suitable outcome.

 

The only projecting feature of the roof is the lift overrun. This aspect is limited to only a small part of the development and will not present an obtrusive element from the street or neighbouring properties.

 

The majority of the trafficable balconies on the top level are considered to be appropriately sited and will have a suitable separation from neighbouring properties private open spaces and habitable room windows.

 

 

 

 

 

 

The roof level contains suitable landscaping elements.

 

Yes, subject to condition.

4.3

Habitable roof space

 

Habitable roof space may be considered, provided it meets the following:

-    Optimises dwelling mix and layout, and assists to achieve dual aspect or cross over units with good natural ventilation.

-    Has a maximum floor space of 65% of the storey immediately below.

-    Wholly contain habitable areas within the roof space.

-    When viewed from the surrounding public and private domain, the roof form has the appearance of a roof. A continuous flat roof with habitable space within it will not satisfy this requirement.

-    Design windows to habitable roof space as an integrated element of the roof.

-    Submit computer generated perspectives or photomontages showing the front and rear elevations of the development.

 

 

 

The top level provides a three bedroom apartment that is distinct from the studio and two bedroom apartments below.

 

The floor area is contained within the roof form – as noted an increase in the setback from the front and side elevations will assist with reducing the scale of the development.

 

The windows are setback from the main roof elements

A photomontage has been submitted with the application.

The floor are of the upper roof level is 62% of the floor area below.

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

4.4

External wall height and ceiling height

 

(ii)  Where the site is subject to a 9.5m building height limit under the LEP, a maximum external wall height of 8m applies.

 The proposed development has a wall height that varies across the site depending on the ground level (existing) adjacent to it. A plan excerpt below indicates the wall heights at key points of the development.

 

 

 

 

 

(iii) The minimum ceiling height is to be 2.7m for all habitable rooms.

 

Yes

4.5

Pedestrian Entry

 

 (i)    Separate and clearly distinguish between pedestrian pathways and vehicular access. 

As amended the pedestrian entry is now more prevalent from the street level assisting with security.

Yes

 

(ii)    Present new development to the street in the following manner:

-    Locate building entries so that they relate to the pedestrian access network and desired lines.

-    Design the entry as a clearly identifiable element in the façade composition.

-    Integrate pedestrian access ramps into the overall building and landscape design.

-    For residential flat buildings, provide direct entries to the individual dwellings within a development from the street where possible.

-    Design mailboxes so that they are convenient to residents, do not clutter the appearance of the development at street frontage and are preferably integrated into a wall adjacent to the primary entry (and at 90 degrees to the street rather than along the front boundary).

-    Provide weather protection for building entries.

 

Postal services and mailboxes

(i)     Mailboxes are provided in accordance with the delivery requirements of Australia Post.