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Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 26 July 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                                    26 July 2016

 

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Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 26 July 2016 at 6:00pm

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 28 June 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Privacy warning;

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

Audio/video recording of meetings prohibited without permission;

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

Address of Council by Members of the Public

Mayoral Minutes

MM21/16  Waiving of Fees - Sydney Sixers Cricket Team........................................... 1   

Urgent Business

 

 

 

 


 

Director City Planning Reports(record of voting required)

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

CP45/16   20 Wentworth Street, RANDWICK (DA/194/2016) (Deferred).................. 3

CP46/16   29 Dolphin Street, RANDWICK (DA/333/2015) (Deferred)..................... 55

CP47/16   1/54A Bream Street, Coogee (DA/140/2016)........................................ 163

CP48/16   29 Baird Avenue, Matraville (DA/142/2016).......................................... 175

CP49/16   6 McMaster Place, Little Bay (DA/34/2016)............................................ 185

CP50/16   46 Torrington Road, Maroubra (DA/77/2013/B)..................................... 191

General Manager's Reports

GM13/16  Light Rail Project: Updates on Light Rail Support Plan, Purchase of 1-11 Rainbow Street Kingsford, Public Domain Improvements and Trees ....... 199

GM14/16  Recognition of Simeon Pearce................................................................ 233

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF24/16   Investment Report - June 2016 ............................................................ 235

GF25/16   2015-16 Draft Financial Statements...................................................... 245  

Petitions

Motion Pursuant to Notice

NM33/16   Notice of Motion from Cr Matson - Proposal for joint WestConnex legal action.................................................................................................... 261

NM34/16   Notice of Motion from Cr Matson - Draft amending LEP to heritage list 48 Dudley Street Coogee .......................................................................... 263  

Closed Session (record of voting required)

CS10/16   Tender for Installation of Vehicle Signage No. T2016-22

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

  

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                                                    26 July 2016

 

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Mayoral Minute No. MM21/16

 

Subject:                    Waiving of Fees - Sydney Sixers Cricket Team

Folder No:                F2016/00096

Author:                     The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Council has received a submission from Mr Dominic Remond, General Manager, Sydney Sixers Cricket Team. Mr Remond is requesting the waiving of fees to host a cricket clinic on Sunday 9 October 2016 at Coogee Beach.                  

 

Issues

 

Mr Remond has advised “The Sixers fan engagement program takes the Club into local communities within the catchment area to help build the profile of cricket at the grassroots level.  The aim is to encourage kids to play cricket as well as encouraging people to engage with the Sixers by bringing the fun, entertainment and excitement of match day to a local level”.

 

The cricket clinic will host 100 kids and include activities for the whole community from 10:00 am to 1:00 pm on Sunday 9 October 2016 at Coogee Beach.  This activity is a free event.

 

The fees associated with this event are as follows:

 

Application Fee:                                                            $  174.00

Low Impact Event:                                                        $1,949.00

Total:                                                                          $2,123.00

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $2,123.00 and this will be funded from the 2016-17 Contingency Fund.

 

Conclusion

 

This event will provide local residents and visitors alike an opportunity to experience and get up close with the Sydney Sixers in their local area. 

 

It is considered that the event will provide community benefit and it is recommended that the Sydney Sixes be supported as a local sporting team.

 

Recommendation

 

That:

 

a)     Council vote $2,123.00 to cover the fees associated with hosting the Sydney Sixers Event to be held on Sunday 9 October, 2016 and funds be allocated from the 2016-17 Contingency Fund;

 

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

 

c)     the Mayor or the Mayor’s representative be given the opportunity to address the event on behalf of Council.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                                    26 July 2016

 

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Director City Planning Report No. CP45/16

 

Subject:              20 Wentworth Street, RANDWICK (DA/194/2016) Deferred

Folder No:                DA/194/2016

Author:                     Roger Quinton, Coordinator Development Assessment     

 

 

Introduction

 

The proposed development is seeking consent to demolish of the existing garage, construction of a new garage fronting the laneway with first floor studio/bathroom above, first floor alterations and additions to rear of existing dwelling including new first floor deck with pergola and associated works. It is recommended for approval and was reported to the Planning Committee Meeting on 12 July 2016. At the meeting, it was resolved:

 

“(Matson/Neilson) that the application be deferred in accordance with the objector’s request.”

 

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 back to Council for determination.

 

Recommendation

 

         That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/194/2016 for the demolition of the existing garage, construction of a new garage fronting the laneway with first floor studio/bathroom above, first floor alterations and additions to rear of existing dwelling including new first floor deck with pergola and associated works (Heritage Conservation Area) at 20 Wentworth Street, Randwick subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

DA 1.00

Jeff Karskens

04.04.2016

DA 1.01

DA 1.02

DA 2.01

DA2.02

DA2.03

DA2.04

 

BASIX Certificate No.

Dated

A244122

31 March 2016

 

Amendment of Plans & Documentation

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

 

a.    The air conditioning unit must be relocated to the northern side of the first floor deck in a noise attenuating enclosure. 

 

b.    The first floor deck must be reduced in width to be in line with the roof of the existing ground floor immediately below.

 

c.    A 500mm wide planter box must also be constructed along the western edge of the first floor deck.

 

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.

 

Section 94A Development Contributions

4.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $208 000.00  the following applicable monetary levy must be paid to Council: $2080.00 .

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $600.00     -       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

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

 

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

 

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

 

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

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

 

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

 

Design Alignment levels

8.        The design alignment level (the finished level of concrete, paving or the like) at the property boundary for the driveway level fronting Dangar Lane shall be as follows:

 

·         60mm above the edge of the bitumen road level in Dangar Lane at both the northern end and southern end of the garage door openings.

 

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

 

9.        The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $155.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

10.      The internal driveway ramp grade shall not exceed a grade of 1:6 at the northern end of the garage opening or at any other point along the garage door opening. 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 documentation.

 

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

11.      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.

BASIX Requirements

12.      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

13.      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.

 

Public Utilities

14.      A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

15.      The applicant must meet the full cost for telecommunication companies, gas providers, Ausgrid, and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

19.      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

20.      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

21.      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.

 

Public Utilities

22.      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.

 

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

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, 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

23.      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

24.      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

25.      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

26.      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

27.      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

28.      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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

30.      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.

 

31.      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.

 

32.      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

33.      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

34.      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.

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

35.      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

36.      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, street verge

37.      The applicant must meet the full cost for a Council approved contractor to:

 

a.        Construct a concrete layback with concrete guttering opposite the garage entrance to the site in Dangar Lane, to Council’s specifications and requirements.

 

38.      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.

 

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

 

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

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to 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.

 

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.

 

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

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

 

Air Conditioning Unit

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

 

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

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

 

 

Attachment/s:

 

1.

Executive report 20 Wentworth Street, Randwick

 

2.

DA Compliance Report - 20 Wentworth Street, Randwick

 

 

 

 


Executive report 20 Wentworth Street, Randwick

Attachment 1

 

 

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Development Application Report No. D55/16

 

Subject:                    20 Wentworth Street, Randwick (DA/194/2016)

Folder No:                DA/194/2016

Author:                     Gabrielle Coleman, Environmental Planning Officer      

 


Proposal:                  Demolition of the existing garage, construction of a new garage fronting the laneway with first floor studio/bathroom above, first floor alterations and additions to rear of existing dwelling including new first floor deck with pergola and associated works (Heritage Conservation Area)

Ward:                        North Ward

Applicant:                Jeff Karskens

Owner:                     J Anderson and M Blackley

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

This application has been called up to the Planning Committee Meeting by Councillors Neilson, Shurey and Moore.

 

 

 

Proposal

The subject application seeks consent for the construction of a new double garage with a first floor studio and extending the floor area of the first floor of the existing dwelling into the existing side loggia with new rear first floor deck.

 

 

Site

 

The site is located within the North Randwick Heritage Conservation Area on the western side of Wentworth Street with a secondary frontage to the rear Dangar Lane. The lot has a site area of 417.36m2 and is rectangular in shape with a frontage of 9.145m and boundary depth of 45.72m. The site adjoins a two storey dwelling to the south, a single storey dwelling to the north and the immediately surrounding area is predominantly residential.

 

 

DSC03782

Figure 1. Subject site

 

DSC03790

Figure 2. Existing garage at rear on the right.

 

DSC03786

Figure 3. Rear of the dwelling.

 

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 submission was received as a result of the notification process:

 

Issue

Comment

20 Wentworth Street Randwick

 

The roof form of the garage is inconsistent with the roof form of the dwelling and other neighbouring examples along Dangar Lane.

 

 

 

The proposed roof form ensures that the proposed upper level above the garage provides sufficient space for the studio as well as reducing the bulk of the garage by containing the upper level studio space within the roof form. The roof form of the garage is consistent with the existing character values for the North Randwick Heritage Conservation Area defined in Section 4.9.3 of the RDCP 2013.

The RL of the ridge of the garage is similar to the RL of the main house roof and is not “secondary” in form.

The proposed garage is consistent with the maximum overall height and external wall height controls for outbuildings – see assessment below. 

The solar access to my Primary Open Space and carport will be lost.

Due to the orientation of the sites, it is inevitable that there will be some additional overshadowing. It is noted that any compliant outbuilding (such as the subject proposal) will result in some additional overshadowing.

 

There are no structures adjacent to the proposal that is comparable to the height, bulk and depth of the proposed structure.

There are two examples of garages with first floor habitable space at 17 Dangar Street and 28 Wentworth Street. They are both comparable in height, bulk and depth.

 

The building of the deck will result in significant additional overshadowing to my kitchen and living room. The deck should be reduced in width to extend only to the upstairs rear bathroom window and should be limited to the west to the extent of the existing ground floor room below.

The construction of the deck will not result in unreasonable bulk, given that the adjoining dwellings both extend past the rear building line of the subject dwelling and there will be no unreasonable overshadowing to the north facing living windows of the adjoining southern property. 

There is a need for acoustic panels to minimise noise transfer from the deck to the bedroom of my house.

The proposed deck is attached to a bedroom which is considered to be a low use room that would not result in unreasonable acoustic impacts.

The air conditioning unit should be repositioned within an acoustic enclosure at least 1.5m from the boundary or preferably on the roof of the subject dwelling.

A proposed condition of consent relocates the air conditioning unit to the northern side of the first floor deck to ensure that it will not result in unreasonable acoustic impacts.

Concerns about visual privacy impacts from the deck to the first floor bedroom and ground floor living area

The screens on the southern edge of the deck have been noted as full height fixed screens. A proposed condition of consent has been included that the terrace be reduced in width to be in line with the roof of the ground floor below and that a 500mm wide planter box be included along the western edge of the deck to further limit any potential privacy impacts.

 

Key Issues

 

Clause 5.1 Solar access to neighbouring development

The proposal meets the relevant objectives and controls under the RDCP 2013 for solar access to adjacent properties. However, impacts are detailed as follows:

 

The subject site is located on an east west axis with 22 Wentworth Street located directly to the south of the property. Therefore, the assessment below highlights the extent of the impact on overshadowing to 22 Wentworth Street as it is the property that will experience the greatest impact on shadows from the proposal. There is considered to be no significant impact on solar access to the other surrounding properties.

 

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.

 

The north-facing living windows of 22 Wentworth Street are located at ground floor to the rear of the dwelling. These windows will receive at least 3 hours of sunlight between 8am and 4pm on the 21st June.

 

Time

Impact on north facing living windows

8am

No additional impact on north facing living windows

10am

No impact on north facing living windows

12pm

No impact on north facing living windows

2pm

No impact on north facing living windows

3pm

No impact on north facing living windows

4pm

North facing living windows are in shadow

 

iv)  POS (passive recreational activities) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.

 

A portion of the rear POS to 22 Wentworth Street, capable of supporting passive recreational activities, receives 3 hours of sunlight between 10am and 2pm on the 21st June.

 

Time

Impact on principal POS

8am

Existing and proposed - the POS does not receive sunlight

10am

Additional shadows on the adjoining garage and carport but no additional shadows on the POS

12pm

Minor additional impact on the POS but still receives sunlight to support passive recreational activities

2pm

Additional impact on solar access but the POS still receives sunlight

3pm

Additional impact on solar access

4pm

The POS receives no sunlight  

 

vi)  Variations may acceptable be subject to:

 

Although the proposal will be compliant with the minimum requirements for solar access to neighbouring development, it is worth noting that the proposal also meets the following requirements. 

 

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

 

The proposed works to the first floor of the dwelling and the new garage with first floor studio space are appropriate in bulk and scale and are compliant with the relevant controls under the RDCP 2013 – see compliance table.

 

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

 

The property is on an east/west axis, with 22 Wentworth Street to the south of the subject site. It is therefore inevitable that there will be some additional overshadowing, even from a compliant proposal. It is difficult to further minimise the scale of the proposal given that it is consistent with the relevant controls in the RLEP 2012 and RDCP 2013.

 

·     Topography of the subject and adjoining allotments.

 

There is no significant difference in levels between the subject site and the neighbouring southern property.

 

·     Location and level of the windows in question.

 

The ground floor, north-facing living windows will receive the minimum 3 hours of sunlight.

 

·     Shadows cast by existing buildings on the neighbouring allotments.

 

There is already significant overshadowing on the southern neighbour from the existing dwelling on site. The proposal will result in additional overshadowing at the times highlighted in the tables above but is not considered unreasonable given that 3 hours of sunlight will still be received to the POS and north facing living windows between 8am and 4pm on the 21st June.

 

Clause 6.3 Setbacks of Parking Facilities

 

Side Setbacks

The RDCP 2013 requires that on sites with a frontage between 9m and 12m, a 900mm side setback is required for garages and carports. A nil side setback is considered in certain circumstances and an assessment against these criteria is below:

·     The adjoining property has its parking facilities or outbuildings constructed to the common boundary;

 

The garage at 18 Wentworth Street and the carport at 22 Wentworth Street are built to the side boundaries of 20 Wentworth Street.

 

Figure 4. Existing garage at 20 Wentworth Street adjoining the garage at 18 Wentworth Street.

 

Figure 5. Existing carport at 22 Wentworth Street with nil setback to the boundary with 20 Wentworth Street.

 

·     The location of car parking is compatible with the streetscape character;

 

The location of the subject garage to the rear of the site, fronting Dangar Lane is consistent with the location of parking facilities for properties along the western side of Wentworth Street between White Street and Wentworth Lane. Majority of double parking facilities along this section of Dangar Lane have nil side setbacks.

 

·     Appropriate sightlines will be maintained for drivers and pedestrians;

 

The proposal involves a nil setback to the rear lane similar to the adjoining garages/carport to the north and south. This will maintain appropriate sightlines for cars driving in and out of the proposed garage.

 

·     Development seeks to amalgamate the driveway crossing with that of the adjoining property.

 

The proposal does not seek to amalgamate the driveway crossing with that of the adjoining properties. This is not considered necessary as there will be no loss of on-street parking. 

 

 

Rear setback to Dangar Lane

The RDCP requires that entry to garages and carports off the rear lane must be setback a minimum of 1m from the lane boundary. The proposal involves a nil setback to the rear laneway which is considered reasonable in this case as it is consistent with the predominant setback in the laneway and will improve sightlines driving in and out of the garage.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the existing development have been assessed against the requirements of the relevant planning guidelines of the RLEP 2012 and Council’s Randwick Comprehensive Development Control Plan, as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.   The proposed development (as conditioned), will not impose any significant impacts on the subject site or neighbouring dwellings with regard to  visual bulk and amenity and is recommended for approval subject to conditions.

 

 


 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/194/2016 for the demolition of the existing garage, construction of a new garage fronting the laneway with first floor studio/bathroom above, first floor alterations and additions to rear of existing dwelling including new first floor deck with pergola and associated works (Heritage Conservation Area) at 20 Wentworth Street, Randwick subject to the following non standard conditions and the standard conditions contained in the development application compliance report:

 

Non standard conditions

 

Amendment of Plans & Documentation

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

 

a.    The air conditioning unit must be relocated to the northern side of the first floor terrace in a noise attenuating enclosure. 

b.    The first floor deck must be reduced in width to be in line with the roof of the existing ground floor immediately below.

c.    A 500mm wide planter box must also be constructed along the western edge of the first floor deck.

 

 


Attachment/s:

 

1.

DA Compliance Report - 20 Wentworth Street, Randwick

Included under separate cover

 

 


DA Compliance Report - 20 Wentworth Street, Randwick

Attachment 2

 

 

 

 

Development Application Compliance Report

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Folder /DA No:

DA/194/2016

PROPERTY:     

 

20 Wentworth Street, RANDWICK  NSW  2031

Proposal:

Demolition of the existing garage, construction of a new garage fronting the laneway with first floor studio/bathroom above, first floor alterations and additions to rear of existing dwelling including new first floor deck with pergola and associated works (Heritage Conservation Area).

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.      Randwick LEP 2012

 

The subject site is zoned R2 Low Density Residential under Randwick LEP 2012. The proposed development is classified as alterations to the dwelling with a new detached garage with first floor studio space and is permissible in the zone. The proposal is considered to meet the objectives of the zone.

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.75:1

0.58:1

Yes

Height of Building (Maximum)

9.5m

6.1m

Yes

Lot Size (Minimum)

400sqm

No change

N/A

 

2.      Randwick Comprehensive DCP

 

2.1     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

 

2

Site planning

 

 

2.3

Site coverage

 

301 to 450 sqm = 55%

 

Site = 417.3m2

Proposed = 183 sqm (44%)

Complies

2.4

Landscaping and permeable surfaces

 

i)     301 to 450 sqm = 25%

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 = 417.3m2

Proposed = 107sqm (27%)

Complies

2.5

Private open space (POS)

 

Dwelling & Semi-Detached POS

 

 

 

301 to 450 sqm = 6m x 6m

 

Site = 417.3m2

Proposed = 17m x 9m

Complies

3

Building envelope

3.1

Floor space ratio LEP 2012 = 0.75:1

Site area =417.3m2

Proposed FSR =0.58:1

Complies

3.2

Building height

 

 

 

Maximum overall height LEP 2012  = 9.5m

Existing = 417.3m2

Proposed = No change to the overall building height of dwelling. Proposed garage is 6.03m in height which is compatible with section 8.1 Development in Laneways.

Acceptable

3.3

Setbacks

3.3.2

Side setbacks:

Dwellings:

·     Frontage b/w 9m and 12m = 900mm (Gnd & 1st floor) 1500mm above

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

 

Refer to 6.3 and 7.4 for parking facilities and outbuildings

Minimum = 900mm

The proposed garage has a nil setback to the side boundaries – see Key Issues section in the Executive Summary Report.

Acceptable

3.3.3

Rear setbacks

i)   Minimum 25% of allotment depth or 8m, whichever lesser. Note: control does not apply to corner allotments.

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.

iv)  For irregularly shaped lots = merit assessment on basis of:-

-    Compatibility

-    POS dimensions comply

-    minimise solar access, privacy and view sharing impacts

 

Refer to 6.3  and 7.4 for parking facilities and  outbuildings

The proposed garage will result in a nil setback to the rear boundary. See Key Issues section in the Executive Summary Report.

Acceptable

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 garage will be articulated through a combination of materials and finishes and window openings.

Complies

4.4

Roof Design and Features

 

 

 

i)   Rooftop terraces on dwelling (not roof)

ii)   Roof terraces above garages (low side)

Dormers

iii)  Dormer windows don’t dominate

iv)  Maximum 1500mm height, top is below roof ridge; 500mm setback from side of roof, face behind side elevation, above gutter of roof.

v)  Multiple dormers consistent

vi)  Suitable for existing

·     Celestial windows and skylights

vii) Sympathetic to design of dwelling

Mechanical equipment

viii)   Contained within roof form and not visible from street and surrounding properties.

The proposed deck to the first floor is located on the roof of the ground floor and is contained within the existing building form of the dwelling.

Complies

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.)

A schedule of materials and finishes has been submitted with the application and is considered appropriate for the Conservation Area.

Complies

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 (passive recreational activities) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.

See Key Issues section in the Executive Summary Report.

Complies

 

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 (passive recreational activities) 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.

See detailed assessment in Executive Summary Report.  

Complies

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 proposal provides natural lighting through the provision of skylights to the new studio above the outbuilding.

Complies

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

There are no windows on the elevations of the proposed first floor studio to the garage. Roof skylights will not result in overlooking towards adjoining neighbours.

 

The new windows on the northern elevation of the dwelling to bedroom 3 will overlook the roof of the adjoining northern neighbour with no direct view into their windows.

Complies

 

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

The proposal involves a new first floor deck attached to bedroom 3 and oriented towards the rear of the site.

 

The provision of full height privacy screens to the southern edge of the balcony will minimise overlooking towards the first floor bedroom of the southern neighbour. To reduce overlooking into the rear yard of 22 Wentworth Street, a condition of consent has also been included that the deck be reduced in width to be in line with the ground floor roof and include a 500mm wide planter box along the western edge.   

 

A privacy screen on the northern edge of the balcony is not considered necessary as it will adjoin a blank wall at 18 Wentworth Street.

Complies

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 proposed first floor terrace is attached to a bedroom which is a low use habitable room. The proposed new deck is not considered to result in unreasonable acoustic privacy impacts.

Complies

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 on the front elevation will be retained. 

Complies

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)

The proposed alterations and additions will not obstruct significant view corridors.

Complies

6

Car Parking and Access

6.1

Location of Parking Facilities:

 

 

 

i)   Maximum 1 vehicular access

ii)   Locate off rear lanes, or secondary street or

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)  Single width garage/carport if frontage <12m;

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)

1 vehicular access is located off Dangar Lane.

 

The frontage width is 9m but the proposed double garage is consistent with other double parking structures in the laneway that are provided on lots with similar widths (e.g. double garage at 28 Wentworth Street with a frontage of approximately 9m).

Complies

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 proposed garage is built with a nil setback to Dangar Lane. This is consistent to other similar parking structures in the laneway.

 

The double garage will also have a nil setback to both side boundaries. See further discussion under Key Issues section in the Executive Summary Report.

Acceptable.

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 double driveway is proposed to be 5.8m in line with the garage door opening. There are no issues raised with the width of the driveway as there will be no loss of on-street car parking where the streetscape is dominated by parking facilities and associated driveways.

Complies

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 sited in the rear lane is proposed to be 8.465m wide as it is proposed to be built boundary to boundary and will be 7.14m long.

Acceptable

7

Fencing and Ancillary Development

7.4

Outbuildings

 

i)   Locate behind the front building line.

ii)   Locate to optimise backyard space and not over required permeable areas.

iii)  Except for laneway development, only single storey (3.6m max. height and 2.4m max. wall height)

iv)  Nil side and rear setbacks where:

-    finished external walls (not requiring maintenance;

-    no openings facing neighbours lots and

-    maintain adequate solar access to the neighbours dwelling

v)  First floor addition to existing may be considered subject to:

-    Containing it within the roof form (attic) - Articulate the facades;

-    Use screen planting landscaping to visually soften the outbuilding;

-    Not be obtrusive when viewed from the adjoining properties;

-    Maintain adequate solar access to the adjoining dwellings; and

-    Maintain adequate privacy to the adjoining dwellings.

vi)  Must not be used as a separate business premises.

The height of the proposed garage and upper level studio space is consistent with the controls under Clause 8.1 Development in Laneways (see below).

 

The external walls will be finished and will not have windows or openings adjoining neighbouring allotments.

 

The first floor addition is contained within the roof form. It is not obtrusive when viewed from adjoining properties and will maintain adequate privacy to adjoining dwellings.

Acceptable

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.

A condition of consent has been included that the air conditioning unit be relocated to the northern side of the first floor terrace and is required by condition to be enclosed in a sound proof enclosure.  At this location, the air conditioning unit will adjoin a blank wall at 18 Wentworth Street and is not anticipated to result in unreasonable acoustic impacts.

Conditioned to comply

8

Area Specific Controls

8.1

Development in Laneways

 

i)   Max. 6m height. Max. 4.5m external wall height. Mass and scale to be secondary to primary dwelling and upper level contained within roof form (attic storey).

ii)   1 operable window to laneway elevation (casual surveillance)

iii)  Aligns with consistent laneway setback pattern (if no consistent setback then 1m rear setback). (Refer to Sub-Section 6 for controls relating to setback to garage entry.)

iv)  Nil side setback allowed subject to:

-    adjoining building similarly constructed

-    no unreasonable visual, privacy and overshadowing impacts

v)  Screen or match exposed blank walls on adjoining properties (ie on common boundary).

The proposed garage is 6.03m in height with an external wall height of 3.5m with the upper level space containied within the roof form. The non-compliance is minor and is considered to be acceptable.

 

The proposal is built with a nil setback to the boundary to be consistent with the adjoining rear garages/carports. It will not result in unreasonable visual, privacy and overshadowing impacts. See further discussion under Key Issues in the Executive Summary Report.

Acceptable

 

3.      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 R2 Low Density under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent. See table below for compliance with development standards.

 

The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will provide 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. See table below.

 

 

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 this 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

 

5.1 Development Engineer

 

An application has been received for demolition of the existing garage and construction of a new garage with studio at the rear of the above site.

 

This report is based on the following plans and documentation:

·     Architectural Plans by Jeff Karskens Design and dated 04.04.2016;

·     Statement of Environmental Effects by Damien O’Toole Planning P/L

 

Flooding Comments

A Flood Report was obtained by the Architect (Jeff Karskens) for the subject site (dated 15/12/2015) in which the proposed garage would have to comply with the 1:100 yr flood level of RL 47.15 AHD. The submitted plans show compliance with this requirement.

 

Parking Comments

Development Engineering prefers garages to meet the required setbacks for laneways however this application shows the new garage to be located close to the rear boundary however it also proposes a 5.80m wide garage door opening which provides a wider turning path for vehicles entering the garage from the rear lane, as mentioned in Development Engineering’s prelodgement report.

 

Landscape Comments

There are no existing trees, covered by Part B5 (Preservation of Trees and Vegetation) in Council's DCP 2013, that will be affected by this proposal.

 

5.2 Heritage Planner

 

The Site

The site is within the North Randwick heritage conservation area and is occupied by a two storey building, originally constructed as a shop with a residential flat above.  DA/124/2000 for alterations and additions was approved in June 2000.  To the south of the site is a two storey Federation style dwelling.  Other surrounding dwellings are originally single storey, many with upper level additions.  The form and massing of the building are atypical for the North Randwick heritage conservation area, but provide evidence of the importance of accessible local shops in the development of the area. 

 

Proposal

The proposal is for alterations and additions to the existing building.  At first floor level, the existing rear bedroom is to be enlarged by enclosing part of the open loggia to the north side, and a new rear balcony is to be provided, with access from new doors in the rear bedroom.  A new outbuilding is proposed at the rear of the site, accessed from Dangar Lane.  At ground level the outbuilding will include a two car garage, laundry and storage areas.  At first floor level, the outbuilding will comprise a studio area, robe and bathroom. 

 

Background

The proposal has been the subject of a formal pre-lodgement meeting PL/62/2015.  Heritage concerns were raised that the proposed outbuilding was inconsistent with DCP guidelines for outbuildings in the North Randwick heritage conservation area, and incompatible with the scale and bulk of outbuildings in the vicinity of the site.  Heritage comments recommended that the wall height of the proposed outbuilding should be reduced to 3.5m with possible dormer windows. 

 

Submission

The application has been accompanied by a Statement of Environmental Effects prepared by Damian O’Toole Town Planning P/L which includes a section addressing Heritage Conservation.  The SEE advises that the front contributory portion of the site is unaffected and that works to the loggia will not be readily visible from any public place.  The SEE advises that the outbuilding has been reduced in height to comply with Council’s pre DA advice, and suggests that the recycled brick and zincalume is appropriate in the laneway context. 

 

Controls

Clause 5.10(4) of Randwick LEP 2012 requires Council to consider the effect of a proposed development on the heritage significance of the heritage conservation area. 

 

The Heritage section of Randwick DCP 2013 provides Objectives and Controls in relation to Verandahs and Balconies.  Clause 2.8 of the DCP includes Controls that original front verandahs and balconies must be retained and conserved and that infilling or enclosure of front verandahs and balconies is not permitted. 

 

Clause 2.9 of the Heritage section of Randwick Development Control Plan 2013 provides Objectives and Controls in relation to Garages, Carports, Carspaces and Driveways.  The DCP includes an Objective of minimising the visual impact of carparking on heritage streetscapes.  The DCP includes a Control that existing rear lane access of side street access (where available) must be utilised for carparking in preference to front access.  The section of the DCP which relates to the North Randwick heritage conservation area notes in relation to Guidelines for change (Clause 4.9.4) that outbuildings should be of a 1 ½ storey scale with upper floor accommodation within available attic space.  The maximum wall height of outbuildings is to be 3.5m and roof pitch is to be consistent with that of the main building on the site. 

 

Comments

        Changes to main building

The proposed upper level loggia enclosure will detract from the open loggia which was an integral feature of the alterations and additions approved in 2000.  It is noted however that the loggia is not original and is not located at the front of the building.  The loggia is already partly enclosed by sliding louvred screens.  The proposed enclosure and new rear balcony is set well to the rear, will have minimal streetscape visibility, and will have no impact on the streetscape of the heritage conservation area. 

 

        New outbuilding

Dangar Lane includes a number of single storey garages as well as some bulkier outbuildings with upper level floor space, up to 3.9m in wall height.  Upper levels are generally provided through dormer windows within the roof volume, or through an articulated building envelope with the upper level set back from the lower level.  The existing garage is a single storey skillion roofed structure.  The pre- da proposed an outbuilding with a wall height to the rear laneway and the rear garden of 4.5m.  It was recommended that the wall height of the proposed outbuilding be reduced to 3.5m with dormer windows if required to increase the roof volume.  It was suggested that any dormer windows should articulate the bulk of the roof volume, but retain a one and a half storey scale for the outbuilding.  Amended drawings have reduced wall height to the rear laneway and the rear garden to 3.5m.  Skylights are proposed in the front and rear planes of the roof to provide light and ventilation to the upper level.  The proposed outbuilding is consistent with DCP guidelines for outbuildings in the North Randwick heritage conservation area, and compatible with the scale and bulk of outbuildings in the vicinity of the site. 

 

The upper level and roof utilise corrugated zincalume cladding to articulate the building form and two skylights have been provided in the rear garden elevation.  The enlarged upper level rear bedroom and new rear balcony will have materials and finishes which are compatible with the existing building.  There are no heritage objections to the proposed materials and finishes. 

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

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

 

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

 

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

DA 1.00

Jeff Karskens

04.04.2016

DA 1.01

DA 1.02

DA 2.01

DA2.02

DA2.03

DA2.04

 

BASIX Certificate No.

Dated

A244122

31 March 2016

 

Amendment of Plans & Documentation

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

 

a.    The air conditioning unit must be relocated to the northern side of the first floor deck in a noise attenuating enclosure. 

 

b.    The first floor deck must be reduced in width to be in line with the roof of the existing ground floor immediately below.

 

c.    A 500mm wide planter box must also be constructed along the western edge of the first floor deck.

 

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.

 

Section 94A Development Contributions

4.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $208 000.00  the following applicable monetary levy must be paid to Council: $2080.00 .

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $600.00     -       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

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

 

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

 

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

 

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

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

 

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

 

Design Alignment levels

8.        The design alignment level (the finished level of concrete, paving or the like) at the property boundary for the driveway level fronting Dangar Lane shall be as follows:

 

·         60mm above the edge of the bitumen road level in Dangar Lane at both the northern end and southern end of the garage door openings.

 

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

 

9.        The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $155.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

10.      The internal driveway ramp grade shall not exceed a grade of 1:6 at the northern end of the garage opening or at any other point along the garage door opening. 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 documentation.

 

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

11.      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.

BASIX Requirements

12.      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

13.      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.

 

Public Utilities

14.      A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

15.      The applicant must meet the full cost for telecommunication companies, gas providers, Ausgrid, and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

19.      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

20.      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

21.      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.

 

Public Utilities

22.      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.

 

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

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, 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

23.      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

24.      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

25.      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

26.      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

27.      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

28.      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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

30.      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.

 

31.      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.

 

32.      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

33.      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

34.      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.

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

Occupation Certificate Requirements

35.      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

36.      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, street verge

37.      The applicant must meet the full cost for a Council approved contractor to:

 

a.        Construct a concrete layback with concrete guttering opposite the garage entrance to the site in Dangar Lane, to Council’s specifications and requirements.

 

38.      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.

 

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

 

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

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to 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.

 

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.

 

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

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

 

Air Conditioning Unit

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

 

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

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

 

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 


Ordinary Council                                                                                                                    26 July 2016

 

RCC LOGO_Stacked_COLOUR_RGB

Director City Planning Report No. CP46/16

 

Subject:              29 Dolphin Street, RANDWICK (DA/333/2015) (Deferred)

Folder No:                DA/333/2015

Author:                     Roger Quinton, Coordinator Development Assessment     

 

 

Introduction

 

The proposed development is seeking consent to make alterations and additions to the existing residential flat building for a 1 x 2 bedroom unit (unit 5) with study in a roof form redesigned with dormer elements and allocation of 2 units as affordable rental housing (unit3 and unit 5). It is recommended for approval and was reported to the Planning Committee Meeting on 12 July 2016. At the meeting it was resolved:

 

(Matson/Shurey) that the application be deferred to allow an onsite meeting with the Ward Councillors and the residents.

 

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 back to Council 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 Clause 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 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. 333/2015 for Alterations and additions to existing residential flat building for a 1 x 2 bedroom unit (unit 5) with study in a roof form redesigned with dormer elements and allocation of 2 units as affordable rental housing (unit3 and unit 5), at No. 29 Dolphin Street, Randwick, subject to the following:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA-000

asa architects

07/03/16

8 March 2016

DA-010

07/03/16

8 March 2016

DA-030

07/03/16

8 March 2016

DA-100

07/03/16

8 March 2016

DA-102

07/03/16

8 March 2016

DA-300

07/03/16

8 March 2016

DA-301

07/03/16

8 March 2016

 

BASIX Certificate No.

Dated

Received by Council

A219616

21 May 2015

22 May 2015

 

Amendment of Plans & Documentation

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

 

a.   The upper level rear terrace must be reduced in depth by 2.2 metres allowing for a maximum depth of 2.2m measured from the northern elevation of the habitable living room.

 

b.   The privacy screens along the eastern and western sides of the upper level rear terrace must have a height of 1.6m above the terrace floor level. 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.

 

Affordable Rental Housing Component

3.        A plan to be submitted to Council satisfactory to SEPP (Affordable Rental Housing) identifying units 3 & 5 as dedicated to affordable rental housing.

 

The specific dwellings identified for affordable rental housing shall be indicated on the stamped approved Construction Certificate plans, a copy of which should be submitted to Council.

 

a.   The dwellings to be used for the purposes of ‘affordable rental housing’, as per the provisions of the SEPP shall be used as such for at least 10 years from the date of the issue of the occupation certificate.

 

b.   The affordable rental housing component (secured for a minimum of 10 years) must be managed by a registered Community Housing Provider (CHP).  The CHP must ensure compliance with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

 

c.   A restriction must be registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with Section 88E of the Conveyancing Act 1919, that will ensure that the requirements a. and b. are met and that the terms of restriction may not be varied without Council’s consent.

 

d.  Prior to an occupation certificate being granted, evidence must be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

 

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

4.        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

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

 

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

 

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

Section 94A Development Contributions

6.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $231,935.00, the following applicable monetary levy must be paid to Council: $2,319.35.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

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

 

·         $600.00 -   Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

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.

 

Structural Adequacy

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

 

Building Code of Australia & Fire Safety

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

 

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

 

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

 

a)        A report prepared by a suitably qualified and experienced Building Code of Australia/Fire Safety Consultant is to be submitted to and approved by Council’s Manager of Health, Building & Regulatory Services, prior to issuing a Construction Certificate.

 

The report must include a detailed assessment of the existing building and compliance with the Building Code of Australia. The report must also include details of the measures and works considered appropriate to achieve an adequate level of fire safety for the building and the occupants.

 

The fire safety upgrading works (as approved by Council) are required to be incorporated into the Construction Certificate and be implemented prior to issue of a final Occupation Certificate for the development.

 

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

 

Access & Facilities

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

 

BASIX Requirements

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

 

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

 

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

 

Site stability and construction work

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

 

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

 

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

 

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Regulatory Requirements

18.      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.

 

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

 

b)     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

 

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

 

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

 

Demolition Work & Removal of Asbestos Materials

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

 

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

 

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

 

Construction Site Management Plan

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

 

·        location and construction of protective site fencing / hoardings;

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        details of proposed sediment and erosion control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        location and size of waste containers/bulk bins;

·        provisions for temporary stormwater drainage;

·        construction noise and vibration management;

·        construction traffic management details;

·        provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·        Details of hazardous materials (including asbestos)

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

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

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

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

·        Other relevant details, measures and requirements to be implemented

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

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Construction Noise & Vibration Management Plan

25.      A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction.

 

a)      Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. 

 

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

 

b)      The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

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

 

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

 

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

 

Construction Traffic Management

26.      An application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in Dolphin Street for the duration of the construction works. 

 

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

 

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

 

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

 

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

 

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

Public Liability

28.      The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to the Principal Certifying Authority and Council.

 

Public Utilities

29.      A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

30.      The applicant must meet the full cost for telecommunication companies, gas providers, Ausgrid, and Sydney Water to adjust/repair/relocate their services as

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Building Inspection Requirements

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

 

Excavations & Support of Adjoining Land

32.      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.

 

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

 

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

 

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

 

Permitted Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

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

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

 

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

 

Construction Site Management

35.      Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times:

 

a)      A sign must be provided and maintained in a prominent position throughout the works, which contains the following details:

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

f)      Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

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

 

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

 

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

 

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

 

Inspections during Construction

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

 

 

Building & Demolition Work Requirements

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

 

·        Work Health and Safety Act 2011 & Regulations

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·        Australian Standard 2601 (2001) – Demolition of Structures

·        The Protection of the Environment Operations Act 1997

·        Protection of the Environment Operations (Waste) Regulation 2005

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

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

 

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

 

Removal of Asbestos Materials

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

 

·       Occupational Health & Safety legislation and WorkCover NSW requirements

 

·       Randwick City Council’s Asbestos Policy

 

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

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

39.      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.

 

Sediment & Erosion Control

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

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Dust Control

41.      During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·       Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·       Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·       Installation of a water sprinkling system or provision hoses or the like.

·       Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·       Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·       Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

42.      Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:

 

a)      Temporary site fences or hoardings must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

b)      Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.

 

c)      All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

d)     An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:

 

·        materials are to be hoisted (i.e. via a crane or hoist) over a public footway;

·        building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;

·        it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;

·        as may otherwise be required by WorkCover, Council or the PCA.

 

Notes:

·       Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.

 

·       If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Site Signage

43.      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,

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

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

 

Survey Requirements

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

 

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

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

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

·       as otherwise may be required by the PCA.

 

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

 

Building Encroachments

45.      50. 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

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

47.      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

48.      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, street verge

49.      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.

 

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

 

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

 

b)      Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to 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.

 

51.      That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works 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 completed at the applicants expense.

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificate Requirements

51.      Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, encompassing all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire Safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer at all times and a copy of the Fire Safety Certificate and Fire Safety Schedule must also be forwarded to Fire & Rescue NSW.

 

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

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

 

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

 

Residential Parking Permits

55.      All prospective owners and tenants of the building must be notified that Council will not issue any residential parking permits to the occupants/tenants of the additional units approved by this Development Consent.

 

56.      A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that the additional units approved by this Development Consent do not qualify for on-street resident parking permits.

 

External Lighting

57.      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

58.      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

59.      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

60.      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.

 

Fire Safety Statements

52.      A single and complete Fire Safety Statement (encompassing all of the fire safety measures upon the premises) must be provided to the Council in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000.

 

The Fire Safety Statement must be provided on an annual basis, each year following the issue of the Fire Safety Certificate and other period if any of the fire safety measures are identified as a critical fire safety measure in the Fire Safety Schedule

 

The Fire Safety Statement is required to confirm that all the fire safety measures have been assessed by a properly qualified person and are operating in accordance with the standards of performance specified in the Fire Safety Schedule.

 

A copy of the Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire & Rescue NSW.

 

Environmental Amenity

53.      The use and operation of the premises shall not give rise to an environmental health or public nuisance, cause a vibration nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

54.      The proposed use and operation of the premises (including all plant and equipment) must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Office of Environment & Heritage/Environment Protection Authority Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

Waste Management

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

 

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       The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times. Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

A4       The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA) and Disability (Access to Premises – Buildings) Standards 2010.

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

A5       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.

 

A6       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.

 

A7       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.

 

A8       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.

 

A9       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.

 

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

 

A11     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

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

 

 

A13     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).

 

A14     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.

 

A15     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.

 

A16     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.

 

A17     Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

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

 

 

Attachment/s:

 

1.

Executive Report 29 Dolphin Street, Randwick

 

2.

DA Compliance Report 29 Dolphin Street, Randwick

 

 

 

 


Executive Report 29 Dolphin Street, Randwick

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D58/16

 

Subject:                    29 Dolphin Street, Randwick (DA/333/2015)

Folder No:                DA/333/2015

Author:                     Louis Coorey, Senior Environmental Planning Officer      

 


Proposal:                  Alterations and additions to existing residential flat building for a 1 x 2 bedroom unit (unit 5) with study in a roof form redesigned with dormer elements and allocation of 2 units as affordable rental housing (unit3 and unit 5). (Variation to building height control)

Ward:                        East Ward

Applicant:                Mr L Flood

Owner:                     Farrer Flood 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 meeting as it exceeds by more than 10% the maximum building height standard in the Randwick Local Environmental Plan 2012 (RLEP).

Proposal

 

Alterations and additions to existing residential flat buildings for a 1 x 2 bedroom unit with study in a roof form redesigned with dormer elements. The redesigned upper level varies from the original proposal which was for 2 x 1 bedroom units, replacing the upper level addition that presented more as a floor level above rather than the habitable roof form redesign - see figures 1 and 2 below.  The application also seeks to allocate two units within the building (unit 5 and unit 3 – first floor unit) for the purposes of affordable rental housing under the State Environmental Planning Policy – Affordable Rental Housing 2009 (ARH SEPP). These two units will be registered with a community housing provider for a period of 10 years. Original proposal: The original application sought an upper level addition for the purposes of two x one bedroom dwellings as shown in figure 2 below.

 

Figure 1: Amended application reduces the scale of the upper level addition so that it is contained within a dormer roof form. The upper floor addition proposes one x two bedroom unit within a dormer roof.

Figure 2: Original application comprised an upper level addition containing two x one bedroom units contained within sheer walls extending vertically from the walls below.

 

Site history

 

DA/720/2012: Approval granted for rear additions to the existing ground and first floor units including habitable rooms within the lower ground floor level – shown in the plan excerpt below. It is noted that the number of units did not change as part of this approval and that an assessment of the retention of affordable rental housing was carried out as part of the assessment of this application meaning that no further consideration is required as part of this application.

Figure 3: Western side elevation showing the additions to the existing flat building approved under DA/720/2012 and the building heights.

 

Site

 

The subject site is located on the northern side of Dolphin Street in Randwick and is occupied by an existing flat building on an allotment of land that falls down to the rear.

Photo 1: front elevation to Dolphin Street; Photo 2: rear elevation at left and rear of flat building at No. 27 Dolphin Street at right of photo.

 

The site has a frontage width of 12.192m along Dolphin Street, a side boundary depth of 41.148m and has an overall site area of 501.86m². The topography of the site is pronounced in that it falls significantly from street level at Dolphin Street to the rear abutting the rear boundary of two properties fronting Coogee Street. There is a 5.5m difference between the top land level at Dolphin Street level (RL99.5) and rear (RL94.00) which is a 13% variance qualifying as a sloping site. The subject site’s topography is characteristic of other properties along this side of Dolphin Street. The neighbouring properties to the east and west contain two storey residential flat buildings with massing increasing in height at the rear due to the graduated lower land levels moving to the rear of each building resulting in three storey scales at the rear side and rear northern elevations.

 

The surrounding area is residential in nature containing a mix of residential flat buildings, detached dwelling houses, and semi-detached dwellings. Wrapping around to Courland Street there exist several larger residential flat buildings.

Aerial view of the subject site (bounded in green) and surrounding area. The aerial view also identifies the 5.5m drop in ground level in the direction of the arrow.

 

Randwick Local Environmental Plan 2012

 

Building height and floor space ratios

 

Table 1: RLEP standards

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

R3 Medium Density

Objectives

Listed below

See below.

Floor Space Ratio (Maximum)

1.07:1

(0.75:1 plus 0.32:1 bonus as per ARH SEPP)

1.04:1

Yes

Height of Building (Maximum)

9.5m

12.46m

 

 

No*(see variation table below)

*see submissions made under Clause 4.6 exception to the development standard seeking support for variations to the building height and Floor space ratio.

 

Clause 4.3 – Height of buildings

 

The proposal contravenes the maximum height standard of 9.5m. The proposed variation is summarized in the table below:

 

Table 2: variation to the height standard

 

Height

Development Standard

9m

Proposal

Eastern elevation between 9.71m (ridge at front) – 11.44m (ridge at rear)

Western elevation between 10.01m (front) – 12.46m

Excess above RLEP Standard

Eastern elevation: 20.45% (rear ridge) - 2.2% (front ridge)

Western elevation: 31.1% (rear ridge)  - 5.3% (front ridge)

 

Figure 4: Eastern elevation of the proposed development

 

Figure 5: West elevation of the proposed development.

 

Clause 4.6 Exception to the development standard for height

 

The applicant has submitted a written request seeking to justify the contravention of the maximum height standard contained in clause 4.3 of RLEP 2012, pursuant to Clause 4.6 of RLEP 2012 requesting to vary the development standard.

 

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 Environment under clause 4.6(4)(b) of RLEP 2012 may be assumed in certain cases.

 

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

 

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

 

In the Wehbe case Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The objectives of the height 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 has provided the following arguments in support of the Clause 4.6 exception:

 

The arguments presented in the applicant’s submission can be summarised as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

In assessing the Clause 4.6 exception to the building height standard the reference is made to the following matters:

 

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?

 

1.     Consistency with the objectives of the Floor Space Ratio standard in the LEP objectives:

 

2.     The objectives of this clause are as follows:

 

The objectives of the building height clause read 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.

 

Assessment:

 

The justification provided in the applicant’s written request has sufficient planning merit having regard to the objectives of the standard, as discussed below.

 

While observing the breach of the height limit, it is to be expected that where a planning control provides for a bonus floor space ratio (in this instance to encourage greater provision of affordable housing), there will be some resultant variation necessary to either the height of the building or to its setbacks.

 

With respect to the built form of the development, the proposed development provides a greater side setback than that required by the RDCP and the main height variations occur along a hipped roof form where its massing is not immediately evident when viewed from neighbouring properties or the street level along Dolphin Street. The most obvious elements of massing relate to the dormer elements which have overall heights that are compliant or their variations to the height limit in the RLEP are minor protrusions. For instance, at the front of the dormers along the eastern and western elevations the height is between 9m and 9.2m exhibiting a scale that is consistent with the envisaged scale under the RLEP. Moving towards the rear the dormers exceed the 9.5m maximum height standard by a maximum of 18.9% reducing from a maximum of 31.1% which is more indicative of the massing of neighbouring buildings rear elevations. As previously indicated the variations are more obvious at the rear which is around 2.8m below land levels at the street.

 

Having regard to the above, whilst sections of the roof will exceed the 9.5m height limit by significant amounts they occur predominately along those hipped roof forms that are less pronounced in massing occurring well away from the side elevations and over the lower existing ground levels that are set well back from the street frontage.  At the front, the building’s overall height whilst still over the height limit is much less pronounced having, a variance of around 5.2% only. Further, the dormer elements which contain most massing have walls that are generally compliant with the maximum height standard having a height between 9.46m and 9.576m.

 

In reference to the overall height of the roof, it is considered that the hipped roof features ensure that the massing moves away from the outer walls of the built form resulting in a maximum height that is setback well away from the street and rear boundaries as well as the side elevations. This ensures the mass of the development is suitably minimised relative to the streetscape character and protects the neighbouring properties amenity. In relation to the dormers, these will be compliant with the 9.5m height limit at the front. Also as they are well setback from the front building line their massing will be less pronounced thus minimising bulk or scale when viewed from street level. Overall the proposed roof forms containing hipped and dormer elements represent a well-designed habitable roof form and will satisfy the relevant streetscape character objectives for height in the RLEP 2012.

 

Side setbacks

 

The dormer elements have 2.6m side setbacks which are greater than the 2m minimum under Part C2 of the RDCP 2013 for medium density development. These dormers are also consistent with the roof design requirements under this part of the RDCP limiting the floor area to a maximum of 60% of the floor level below. Setbacks are also provided from the front and rear elevations of the development.

 

The additional setbacks, in combination with the hipped roof form, will add articulation and assist in minimising the bulk and scale of the building.  They also minimise the visibility of the upper building portion from the street and assist in emphasising the lower height at the front and the smaller building scale associated with the lower density forms of medium density housing that are subject to the 0.75:1 floor space ratio limits.

 

The 2.6m side setbacks as amended will also ensure appropriate stepping in elements at the upper level ensuring that this level reads as a habitable roof form rather than the original proposal which read as an extension of the floors below. This unnecessarily contributed to significant massing and visual amenity impacts, which would not be consistent with the desired scale of development in the surrounding area and the zone. 

 

Neighbour’s amenity

 

The other considerations are whether or not the additional height caused by the roof forms will result in a significant impact to the amenity of neighbouring properties in comparison to a compliant situation.  In relation to neighbour’s amenity reference is made to whether there are reasonable levels of solar access and visual privacy is being protected. As discussed below the non-compliant section of the development will be of little consequence to the amenity of the neighbouring properties. 

 

Solar access

 

With reference to the assessment of ‘Solar Access’, the built form will not affect the neighbouring buildings northern elevation; it also maintains adequate solar access opportunities particularly to living rooms of the side elevations of neighbouring buildings.

 

The applicant has provided shadow diagrams (shown in figure 6 & 7 below) at 8am and 4pm however these shadows do not demonstrate whether the development will retain two hours of solar access to the neighbour’s living room windows during the winter solstice which is the minimum required under the Apartment Design Guide (ADG).

 

An analysis of shadow impacts on these side elevations of the neighbouring flat buildings living rooms has been carried out using CSIRO data. It is important to note that in determining the overshadowing impact as a result of the height on the neighbouring properties that it is the height of the building at the north eastern and north western corner that is the cause of shadowing to their living rooms windows and not the dormer elements.

 

Eastern elevation of flat building at No. 27 Dolphin Street:

 

 

Figure 6: Eastern elevation of No. 27 Dolphin Street showing the additional shadow (darker shading) will predominately be cast onto the non-habitable rooms at 8am during the winter solstice. The shadows will recede further to the left (that is towards Dolphin Street) as the hours of the day increase. An analysis of the sun’s azimuth angle during the winter solstice reveals that from 9.15am to 11.15am the neighbours east facing living room windows (identified above) will retain solar access during the winter solstice thus achieving compliance with the ADG controls requiring a minimum 2hrs to neighbour’s living room windows.

 

Western elevation of flat building at No. 31 Dolphin Street.

 

Figure 7: Elevation shadow diagram of the western elevation of the flat building at No. 31 Dolphin Street shows the living room windows will be overshadowed fully during the winter solstice however the proposed development will shadow (shown as darker shading) onto the roof and not onto their living room windows (identified).

 

An analysis of the earlier hours of the day during winter solstice reveals that this neighbour’s side facing living room windows will still be overshadowed by the existing approved development under DA/720/2012.

 

Overall, the proposed development will result in additional overshadowing however this will predominately be cast onto non-habitable room windows or the roof. Therefore in relation to the relevant controls requiring minimum periods of solar access to the neighbour’s living room windows it is not considered that the proposed upper level addition will result in any appreciable difference to the existing levels of overshadowing that would be caused by the already approved development.

 

Visual privacy

 

Windows: The additional height will be of no consequence to any visual privacy implications from windows as the dormer windows have 1.6m high sill lights allowing for only an outlook rather than overlooking into the neighbouring properties habitable room windows or areas of private open space.

 

Rear terrace to unit 5: The rear terrace has a depth of 4m from the rear of the unit with 2m long privacy screens along its side boundaries. The remaining 2m of terrace is open allowing for overlooking into the neighbouring properties habitable room windows and rear yard areas. As the terrace is also double the size of the minimum required under the ADG and given that large terraces have the potential for entertaining larger groups of people resulting in noise disturbance it is considered reasonable to require a reduction in the depth of the terrace to a maximum of 2m that is to the end of the proposed privacy screens. This ensures sufficient visual and acoustic privacy protection of the neighbouring properties amenity. A suitable condition is included.

 

Views: There are no evident views that would be unreasonably obstructed by the roof forms.

 

3.     Consistency with the objectives of the R3: Medium Density Zone 

 

The Site is zoned R3 under RLEP 2012.  The proposed development for a ‘residential flat building’ is permissible with consent under the zone.

 

·     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 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.

 

Assessment:

 

The relevant assessment criteria as to whether the development will satisfy the relevant objectives of the zone are carried out as follows:

 

Clause 2.3 (2) requires the consent authority to have regard to the objectives for development in the zone.  The objectives of the zone are listed below. 

 

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

 

Assessment Comment:  The development will cater for the existing need for housing within a medium density residential environment.

 

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

 

Assessment Comment:  The development will provide variety via the number of bedrooms and apartment types/layouts.

 

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

 

Assessment Comment:  N/A

 

§    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.

 

Assessment Comment: The development will be consistent with the current scale and character of built forms within the locality.  It will reflect a well-designed habitable roof top element within the existing built form.

 

§    To protect the amenity of residents.

 

Assessment Comment:  The proposal will not result in loss of aural or visual privacy that cannot be overcome by the adoption of certain measures as discussed in this report. In addition, the proposal will maintain adequate solar access to the living areas within the bounds of reasonable expectations subject to standard conditions, the proposed demolition and construction works will result in reasonable / controlled amenity impacts on nearby residents.

 

§    To encourage housing affordability.

 

Assessment Comment: The proposal encourages housing affordability by introducing a new two bedroom unit (unit 5) and allocating an existing one bedroom unit as ‘affordable housing component’ via the provisions of the ARH SEPP.

 

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

 

Assessment Comment:  N/A

 

The assessment above and the arguments provided in the applicant’s submission demonstrate that the resultant environmental impacts of the proposal will be satisfactory or unavoidable. The variation will enable a well-considered development to be provided that addresses the site constraints, streetscape and relevant objectives of both the standards and the zone. Further, the proposal achieves a higher order planning principle in providing affordable housing and as such it is considered that in this case, strict compliance is unnecessary and unreasonable. 

 

3.     Consistency with the State and Regional Planning Policies

 

Assessment:

 

The proposed development seeks development consent under the relevant environmental planning policies of the state and local government area. An assessment of these policies and standards has been carried out throughout this report and the accompanying Compliance report. The key issues have been identified and assessed as satisfactory in this report and the proposed development is considered to have achieved consistency with the state and regional planning policies.

 

4.     The variation for a better planning outcome

 

Assessment:

The design scheme maintains a scale that will fit comfortably within the subject allotment. The additional height area does not compromise the streetscape character and the development will continue to comply with the building envelope controls with regards to external and internal amenity of the future occupants of the development having regard to the ARH SEPP. As prescribed above, the variation to the building height development standard will not contribute to any significant or unreasonable adverse environmental impacts to the neighbouring properties or within the streetscape and it demonstrates a development that does not result in any unreasonable impact in terms of solar access, visual privacy and views.

 

5.        There are sufficient environmental grounds to permit the variation

 

The assessment carried out above in relation to the objectives of the building height standard and the zone demonstrates that there are sufficient environmental grounds to permit the building height variation.

 

6.       The Variation is within the Public Interest

 

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

 

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 carefully 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.

 

Does the Council have delegation to exercise the concurrence function of the Department of Planning and Environment 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 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 Department of Planning and Environment 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 building height in 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. Therefore strict adherence to the numerical standard will be unnecessary in this case for maintaining the medium density housing form envisaged under the LEP for the locality or the provision of affordable housing as envisaged by the State Environmental Planning Policy Affordable Rental Housing 2009 as discussed 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:

 

·     Owners of 5 units in 27 Dolphin Street, Randwick

·     1/27 Dolphin Avenue, Randwick: letter containing 11 signatories received by Council

·     19 Dolphin Street, letter containing 5 signatories received by Council 15 June 2015

·     31 Dolphin Street, Randwick

 

Issue: Concerned with the variation to the height control limit due to the close proximity and the impacts such as loss of light and solar access.

 

Comment: See assessment of building height under the key issues section of this report and the reasonableness of the impacts on the neighbouring properties amenity.

 

Issue: Concerned with fire hazard of fallen leaves along kerb

Comment: This is not a planning matter however the relevant departments within Council are attending to this concern

 

Issue: The proposed development does not meet the parking requirements under the ARH SEPP and will result in significant demand for parking in Dolphin Street which is in high demand.

 

Comment: An assessment of the parking shortfall is carried out under the key issues section of this report.

 

Issue: No unit member within 27 Dolphin Street remembers being notified of the development consent issued under DA/720/2012.

Comment: Council records indicate that the owners in 27 Dolphin Street were notified of the development application DA/720/2012.

 

Issue: Council may not be aware of the extension approved under DA/720/2012 and the proposed developments impact on the neighbouring properties in relation to light infringement.

Comment: An assessment has been carried out against the approved and proposed development and is in accordance with the requirements of the RDCP 2013.


 

 

Issue: The DA notification is totally inadequate and misleading

Comment: The notification of the application was adequate for the purposes of inviting comment. It is noted that the description provides a general outline of the development sought and that the notification material including plans and documentation sufficiently explains the proposed development. The notification was undertaken in accordance with the requirements of the RDCP 2013.

 

Issue: The units are not operating as affordable housing

Comment: The units are not currently operating as affordable housing. The subject application seeks to allocate two units for the purposes of affordable rental housing in tenure for 10 years from the date an occupation certificate is issued.

 

Issue: The alterations proposed convert this building to “state of the art” units, again, unrealistic for “affordable housing”- leading one to conclude that Randwick Council has not duly examined this request or has been misled

Comment: The application includes a reference to requiring the flats to be registered with a community housing provider for 10 years which is the requirement under the SEPP ARH2009). It is not considered that Council is being misled as to the purposes of the proposed development. Notwithstanding, appropriate conditions have been included in the recommendation section of the compliance report for the purposes of ensuring compliance with the ARH SEPP.

 

Issue: The proposed development will result in significant loss of light to the adjoining units at No. 27 and No. 31 Dolphin Street.

Comment: The overshadowing to the neighbouring units has been assessed and discussed throughout the key issues section of this report having regard to the relevant matters for consideration under S79C of the Environmental Planning and Assessment Act 1979.

 

Issue: The two week notification period is inadequate

Comment: Where requested an extension of this period to submit comment has been granted. It is also noted that the amended application was not required to be re-notified due to the smaller scale of the proposal and therefore reduced impact.

 

Issue: Concerned that a grant has been granted by Randwick City Council

Comment: This application is not a joint development with Randwick City Council and no grants have been provided for the development. The notion of affordable rental housing relates entirely to a private development being provided under the ARH SEPP whereby the units that is those above the FSR standard under the RLEP are provided as low cost and affordable accommodation for a period of 10 years from an occupation certificate being issued for the development.

 

Issue: Request a dilapidation report

Comment: There is no excavation being sought as part of this development application. The excavation necessary under the approved development application that is DA/720/2012 has suitable conditions included in relation to the requirement for a dilapidation report. Notwithstanding suitable conditions can be applied in the recommendation section of the attached report.

 


 

Key Issues

 

State Environmental Planning Policy Affordable Rental Housing 2009 (ARH SEPP)

 

Floor Space Ratio

The application proposes a gross floor area of 2018sqm, which represents an FSR of 1.03:1. The existing maximum FSR applicable under the Randwick Local Environmental Plan 2012 (RLEP 2012) for the site is 0.75:1. Clause 13 of the ARH SEPP however provides a bonus FSR of 0.25:1, which would ordinarily allow for a maximum FSR of 1.15:1 (with up to 50% being provided as affordable housing). However as the application only provides for 32% of the gross total floor area as affordable housing a maximum FSR applying to the site is 1.07:1 (0.32 + 0.75).

 

The proposed GFA is compliant with the maximum permitted being 20sqm below the permissible floor area.

 

Clause 16A – Character of local area

The planning principle in Project Venture Developments Pty Ltd v Pittwater Council can be used as a reference in determining the compatibility of the proposal against the character of the local area.  In the Project Venture matter it was accepted that buildings can exist together in harmony without having the same density, scale and appearance.

 

It is considered that the character of the proposal is satisfactory with the existing surrounds and expected future character dictated by the LEP controls, as well as the detailed DCP controls.  It meets the character test required under Clause 16A of SEPP – Affordable Rental Housing.  In addition the ‘Urban Design Review Panel’ has not raised any concerns to the streetscape impact, instead commending the design outcome. 

 

The proposed built form and character of the development will be compatible with the form of development permissible under the R3 – Medium Density zoning, particularly along the front elevation facing Dolphin Street where the development has a wall and an overall height that is within the 8m maximum wall height control and mostly within the 9.5m limit under the RLEP 2012. The only projecting element at the front is a minor protrusion of the roof that is setback 6.5m from the frontage along Dolphin Street, which is significantly greater than the 3m minimum front setback control under the RDCP 2013 – Part C2 Medium Density residential development. Notwithstanding, the proposed development exceeds by a greater degree the wall and overall height controls and standards moving away from the front along Dolphin Street down to the rear due to the steep slope of land. This fall in land level is inherent in several properties along this side of Dolphin Street and the resultant built form will be less noticeable from street level. Moreover, it will not be dissimilar to the massing of other flat buildings in Dolphin Street with similar topographies.

 

In terms of overall scale and built form, the proposed development is considered to fit in with the scale of the adjoining residential flat buildings at No. 27 and 31 Dolphin Street as demonstrated in plan excerpts shown in figures 1 & 2 below.

 

 

Figure 8: plan excerpt of southern front elevation of proposed development and adjoining existing developments at No. 27 and 31 Dolphin Street.

Figure 9: Plan excerpt of northern rear elevation of proposed development and adjoining developments at No. 27 and 31 Dolphin Street

 

Having regard to the above matters, the proposed bulk and scale, due to the FSR bonuses offered by the ARH SEPP, are well distributed in the form of minor extension to the existing envelope with the upper level unit contained largely within a habitable roof form which is consistent with both the intent of Part C2 of the Medium Density Residential policy guidelines in the RDCP 2013. In addition, the exceedances to the 9.5m maximum permissible height and the 8m maximum wall height will not result in any detrimental impact to the character of the immediate neighbouring properties or the character of the local area in general as shown in the following RLEP plan excerpts below showing the applicable FSR, Height and zones in the immediate and surrounding area. In this respect, the FSR map shown in figure 4 below shows that further east, towards the intersection of Carrington Road and Dolphin Street, the FSR standard applicable within the R3 zone alternates to a higher 0.9:1 density and even higher 1.5:1 density in the B1- Neighbourhood Centre zoned site. In relation to height, moving eastward the height standards applied to the higher density R3 zone and B1 zone a 12m height limit is permitted.

 

Figure 4: RLEP applicable FSR (not including bonus afforded for infil development).

 

Figure 5: Height limits under the RLEP 2012

 

Figure 6: Zoning map under the RLEP 2012

 

Overall, the proposed built form along the Dolphin Street frontage is consistent with that envisaged by the RLEP and RDCP controls; the area where the development exceeds the maximums is located further within the site which will not detract from the streetscape. Further still, given the zoning context, the proposal is also considered compatible with the likely emerging character of the area, with higher densities expected within the vicinity, further east along Dolphin Street, Carrington Road and Bream Streets.  The development will respect the transition from the higher density built forms within these nearby areas and immediate surrounds. The proposed development is considered to meet the character test.

 

Apartment Design Guide

 

3B-2 Orientation

 

The ADG requires a minimum of two hours of direct solar access be provided to the affected neighbour’s between the hours of 9am – 3pm, mid-winter. The proposed additions to the residential flat building do not comply with this requirement for the west facing living room windows in No. 31 Dolphin Street however this is a consequence of the previous DA approval.

 

The ADG acknowledges difficulties in providing a compliant solar access and it may not be possible on some sites due to orientation and responding to existing and desired streetscape character. The site already contains a flat building and an approved development and thus preexisting side setbacks and requiring a greater setback would be antipathetic to ensuring the development retains a built form that is not disjointed but rather integrates with the built form of the existing as well as the prevailing built form and scales on surrounding properties.

 

In addition, the development is considered to be of a reasonable building envelope for the following reasons:

 

The overall building height is considered a reasonable outcome having regard to the Clause 4.6 exception assessed above.

The proposed development is located towards the front ensuring that additional shadows are mostly cast towards the front along Dolphin Street

The overshadowing that occurs on respective eastern and western side elevations of flat buildings is not dissimilar to the shadowing that occurs from other developments along this side of Dolphin Street

The development is reasonably sized and sited and the overshadowing impacts can be directly attributed to the existing setbacks and

The development is for the purposes of affordable housing which is considered to be a higher order planning principle.

 

•       3F-1 Visual Privacy

 

In order to achieve appropriate levels of visual privacy, the ADG requires a minimum building separation of 6 metres (combined 12m) from habitable rooms to the boundaries and 3 metres from non-habitable rooms for buildings up to 4 storey’s in height.

 

In relation to visual privacy, the design guidance requirements seek to minimise direct sightlines which can be achieved by adopting practical privacy measures. The side setbacks are short of the ADG control and given the significant size of the upper level rear terrace to unit 5 which has the capacity for both overlooking as well as acoustic privacy impacts it is considered reasonable to require a reduction in the depth of the terrace to a maximum of 2m from the northern elevation of the unit. This will bring the size of the terrace to the minimum required under the ADG controls and therefore satisfy the guiding principle.

 

Randwick Development Control Plan 2013

 

The RDCP 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 RDCP controls may be considered where the applicant successfully demonstrates that an alternative solution could result in a more desirable planning and urban design outcome. Hence, the consent authority must be flexible in its application and consider reasonable alternative solutions, to achieve the objectives of the RDCP Controls. The key issues identified in the assessment of the application relate to Part B7 relating to parking and Part D2 of the RDCP relating to the controls and objectives for the Kingsford Centre.

 

As noted previously, it is to be expected that where a planning control provides for a development bonus (in the way of additional floor area) to achieve outcomes such as the encouragement of more affordable housing, that other envelope or density controls may subsequently be affected. Accordingly, the proposal has been designed to capitalise on the available FSR bonus, which is reflected in relatively minor variations to the side setbacks, building separation and external wall height which are detailed below.

 

Side Setbacks

The proposed extension of the walls along the western and eastern side boundary is 0.558m and 0.4m respectively. The variance can be supported on the following grounds:

 

§    The variances are minor. 

§    The side setbacks for the upper level dormer additions are increased above the minimum requirement.

§    The varied setbacks will provide good articulation along the sides of the building.

§    The variance will not restrict any common access ways, landscaped zones or private open spaces.

§    The proposed side setbacks for the additional walls are located over the existing and the additional walls will not result in any significant adverse impacts on the ability of the adjoining buildings retaining adequate levels of light or ventilation

§    The streetscape rhythm of setbacks will be maintained

§    The variance will not significantly impact on the visual amenity and outlook from the development and adjoining residences in comparison to the existing situation.

§    A compliant situation will not improve the privacy in comparison to a compliant situation. 

§    A compliant situation will not appreciably improve solar access and onsite amenity for the development and the adjoining residences.

 

Visual Privacy

The proposed terraces to the rear of the upper level unit will result in overlooking and potential for adverse noise impacts. The measures considered sufficient to minimise these impacts include reducing the depth of the terrace to a maximum of 2m.

 

Openings on the side elevations of the upper level unit have 1.6m sill heights ensuring no overlooking. 

 

External Wall Height

 

The proposed development has wall heights along the eastern and western side elevations of between 9m and 9.356m exceeding the 8m maximum external wall height control in the RDCP. However as indicated earlier, the ARH SEPP allows for a FSR bonus and there is a reasonable expectation that the external wall height as discussed in the Exception to the development standard earlier, that the overall building height will be higher to accommodate the bonus.  The RDCP control for external wall height (8m) plus that which relates to side setbacks only cater for standard residential flat buildings and do not reflect circumstances in which State policies allow for bonuses to the FSR.  Where local building envelope controls conflict with the provisions of the State policies, the State controls prevail.  This follows therefore, that with any gross floor area bonus; and the requirement for reasonably adequate floor-to-ceiling heights it means that the resultant external wall height needs be balanced with the need to limit the amenity impacts.

 

In most circumstances where a variation is proposed along the buildings, it is the extra height that is necessary to achieve the minimum floor-to-ceiling heights that results in the non-compliance with the 8m height control. In this respect the applicant has been amended and redesigned as a roof form with dormers rather than a full storey as proposed originally.  This and other measures as employed also minimise the extent of non-compliance and amenity impacts.  With respect to the development and its side elevations, the variance to the external wall height will only be a minor extension to the walls below with the majority of the habitable component accommodated with dormers set further back from the side elevations and the neighbouring buildings.  This design ensures appropriate articulation along the side elevations avoiding extensive sheers walls in vertical and horizontal manifestations which also helps to counteract additional overshadowing and adverse visual amenity.

 

A similar approach has been applied to the treatment of the front and rear elevations.  The front elevation wall sections achieve general compliance with the 9.5m height limit.  In this regard the variance is supported.  With respect to the rear elevation the outer wall height will be well above the 8m external wall height maximum under the RDCP; however this is an inherent characteristic of the two neighbouring buildings which have similarly high walls along the rear where the land level is lowest adjacent to the buildings.

 

Given the lower form of the stepped in dormers and hipped roof surrounding it is considered that despite the variance to the external wall height there is general consistency in the massing of other buildings on sites with similar topographies. As well, in the absence of no unreasonable impacts on the amenity of the neighbouring properties it is considered that the variance to the external wall height is acceptable.

 

Solar Access – Impact on Neighbours

The orientation of the subject and neighbouring sites on north south axis, is such that overshadowing is shared across the two neighbouring residential flat buildings and not to the detriment of any single neighbour.

 

It is noted that the main massing of the proposed development that is that associated with as a result of unit 5 being located more towards the front of the site whereby there will be very limited additional overshadowing to the neighbour’s living room windows facing the respective side boundaries. In other words, the additional overshadowing caused by the proposed development is very minor and will generally be cast onto non-habitable rooms having particular regards to the shadow cast onto the eastern elevation of the neighbour’s living room windows. The main cause of overshadowing to both neighbours side facing living room windows is caused by the approved development (DA/720/2012) located at the rear of the existing flat building.

 

Overall, it is considered that the proposed development does not result in any unreasonable overshadowing to the neighbour’s side facing living room windows.

 

·     Parking

 

The proposed development results in an additional shortfall of one parking space which is a total shortfall of 2.4 parking spaces when considered in the context of the approved development under DA/720/2012 which had a shortfall of 1.4 spaces. The building currently comprises of 4 x 1 bedroom apartments and no off-street parking is provided on the site. The property experiences a parking deficiency of 5 spaces which can be applied as a parking credit. Under the development approved as part of DA/720/2012 (which did not increase the number of dwellings) there was an increase in the number of bedrooms within the dwellings, thereby increasing the generated parking demand by 1.4 spaces.

 

The original application received by Council seeking 2 x 1 bedroom affordable rental dwelling units under the subject DA generated an additional parking demand of 1 space, (SEPP Affordable Rental Housing requires 0.5 spaces per 1 bedroom dwelling) increasing the parking demand in combination with the approved development under DA/720/2012) to a shortfall of 2.4 spaces.

 

The amended development application does not alter this shortfall as it is seeking a 2 bedroom apartment which also requires an additional one parking space under the ARH SEPP.

 

In consideration of the 2.4 spaces parking shortfall the following is noted as sufficient reasoning for support of the application:

 

There is no opportunity to provide further off-street parking as the front setback is less than 5.4m which is the minimum length of carspace and the side setbacks are less than 3.0m which is the minimum width for a driveway which could have potentially provided access to parking at the rear.

 

The site is well served by  public transport with bus stops serving routes 313 (Coogee-Bondi Junction) and 374 (City-Coogee)  approximately 200m to the east on Carrington Road with typical frequencies of 10-30 minutes. In addition bus stops serving route 370 (Coogee-Leichardt via UNSW and USYD) are 250m to the south on Coogee Bay.

 

The site is within 10-15min walk of shops and facilities at Coogee Beach

 

The site is in close proximity to a number of carshare pods operated by Goget carshare including one in Dolphin Street itself, St Lukes Street and Courland Street

 

Some limited on-street parking was observed to be available at the time of site inspection and whilst it is considered that the proposed development represents  a small increase in parking demand the demand for parking in the area is high and

 

The proposed additional unit in conjunction with an existing unit on site being sought for the higher planning purpose of affordable rental housing

 

Overall, in consideration of the parking shortfall within the context of the above factors and the absence of any significant adverse impacts on the character of the street or the amenity of neighbouring properties it is considered that the shortfall in parking created as a result of the proposed development is supported.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The 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

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.3 of Randwick Local Environmental Plan 2012, relating to height of buildings, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & 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. 333/2015 for Alterations and additions to existing residential flat building for a 1 x 2 bedroom unit (unit 5) with study in a roof form redesigned with dormer elements and allocation of 2 units as affordable rental housing (unit3 and unit 5), at No. 29 Dolphin Street, Randwick, subject to the following non standard conditions and the standard conditions contained in the development application compliance report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

a.      The upper level rear terrace must be reduced in depth by 2.2 metres allowing for a maximum depth of 2.2m measured from the northern elevation of the habitable living room.

 

b.      The privacy screens along the eastern and western sides of the upper level rear terrace must have a height of 1.6m above the terrace floor level. 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.

 

Affordable Rental Housing Component

3.        A plan to be submitted to Council identifying units 3 & 5 as being provided for affordable rental housing.

 

The specific dwellings identified for affordable rental housing shall be indicated on the stamped approved Construction Certificate plans, a copy of which should be submitted to Council.

 

a.   The dwellings to be used for the purposes of ‘affordable rental housing’, as per the provisions of the SEPP shall be used as such for at least 10 years from the date of the issue of the occupation certificate.

 

b.   The affordable rental housing component (secured for a minimum of 10 years) must be managed by a registered Community Housing Provider (CHP).  The CHP must ensure compliance with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

 

c.   A restriction must be registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with Section 88E of the Conveyancing Act 1919, that will ensure that the requirements a. and b. are met and that the terms of restriction may not be varied without Council’s consent.

 

d.  Prior to an occupation certificate being granted, evidence must be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

 

 


Attachment/s:

 

1.

DA Compliance Report - 29 Dolphin Street, Randwick

Included under separate cover

 

 


DA Compliance Report 29 Dolphin Street, Randwick

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/333/2015

PROPERTY:     

 

29 Dolphin Street, RANDWICK  NSW  2031

Proposal:

Alterations and additions to existing residential flat building for a 1 x 2 bedroom unit (unit 5) with study in a roof form redesigned with dormer elements and allocation of 2 units as affordable rental housing (unit3 and unit 5).

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.1   SEPP (Affordable Rental Housing) 2009 (ARH SEPP)

 

The subject DA seeks to provide affordable housing and rely on the relevant provision of the ARH SEPP.  The relevant provisions are addressed in the table below.  The proposal will provide 165.85sqm (2 units) as affordable housing (of a total floor area of 517sqm for a site area of 501.86sqm). Affordable housing units comprise the new attic style dormer unit (78sqm) and existing Unit 3 (87.85sqm) located on level 2 (second storey from street level at the western half of the building). The affordable housing component comprises 32% of the total floor area.

TABLE 1 | ARH SEPP INFILL DEVELOPMENT

Requirement

Proposed

Complies

Clause 10 – Development to which Division applies

 

(1) This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

The proposed development is for the purpose of a new unit to an existing residential flat building which also has an approval for two subfloor units approved under DA/720/2012.

Yes

(a)  the development concerned is permitted with consent under another environmental planning instrument, and

The subject site is zoned ‘R3 Medium Density Residential’.  Development for the purpose of a ‘residential flat buildings’ is permissible with consent under this zone.

Yes

(b)  the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.

The subject site does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977

Yes

Clause 10 – Development to which Division applies

 

(2)  Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.

accessible area means:

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

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

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

The location of the subject site and available bus services satisfy matter (c) of the definition of ‘accessible area’.  The site is located approximately 247m walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

Yes

Clause 13 – Floor Space Ratio

(1)  This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

(2)  The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

(a)  if the existing maximum floor space ratio is 2.5:1 or less:

(ii)  Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where: AH is the percentage of the gross floor area of the development that is used for affordable housing; Y = AH ÷ 100

The proposed gross floor area of the development to be used for affordable rental housing is 165.85sqm, which represents 32% of the proposed gross floor area.

 

(NB: Site Area: 501.86sqm)

 

As per discussion below this table the proposed total gross floor area will amount to 517sqm

 

The Existing FSR Control = 0.75:1

Bonus = 25/100 = 0.25:1#

Max. Permissible FSR =1.25:1 (627.33sqm)

Proposed FSR = 1.03:1 (517sqm)

 

Allowable FSR = 1.07:1 based on the 32% of affordable housing being provided.

 

The proposed FSR/floor area is 0.04:1 or 20sqm less than the permissible floor space ratio allowed for the site under the ARH SEPP.

Yes

Clause 14 - Standards that cannot be used to refuse consent

(1)(b)  site area
if the site area on which it is proposed to carry out the development is at least 450sqm

The site area is 501.86sqm.

Yes

(c)  landscaped area
if: Landscaping (minimum): 30% site area

286sqm of the site area is dedicated to landscaping, equating to 57% of the site area.

Complies

d)  deep soil zones
if, in relation to that part of the site area that is not built on, paved or otherwise sealed:

-     there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area.

-     each area forming part of the deep soil zone has a minimum dimension of 3m.

-     if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,

Deep soil zones have a total area of 175.65 sqm, equating to 35%.

 

The SEPP provisions do not clarify if the minimum 3m dimension needs to apply to both the width and length.  Accordingly it is accepted to include either one or the other not both. 

Complies

(e) Solar access

If living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

The site runs generally along a north-south axis with private open space and living areas in the building facing the northern aspect ensuring 100% of units receive direct solar access.

Complies

(2)(a) Parking (minimum)

0.5 spaces / 1 bedroom dwelling

1 space per 2 bedroom dwelling

1.5 spaces for dwelling with 3 or more bedrooms

Required:

1 space per 2 bed

Nil additional parking is proposed.

 

The site is unable to provide for additional parking due to existing constraints.

No, see executive summary.

(b) Dwelling size (minimum):

(i)  35sqm in the case of a bedsitter or studio, or

(ii)  50sqm in the case of a dwelling having 1 bedroom, or

(iii)  70sqm in the case of a dwelling having 2 bedrooms, or

(iv)  95sqm in the case of a dwelling having 3 or more bedrooms.

New unit 5: 2 bedroom plus study: 78sqm

Existing unit 3: 1 bedroom plus study: 87.85sqm

Complies

Design Requirements

Clause 15 – Design Requirements

(1)  A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development in March 2004, to the extent that those provisions are consistent with this Policy.

(2)  This clause does not apply to development for the purposes of a residential flat building if SEPP 65 applies to the development.

This clause does not apply to the development as SEPP 65 applies in this case.

N/A

Clause 16A - Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

Refer to section ‘Clause 16A – Character of local area’ below table.

Complies

Clause 17 – Must be used for affordable housing for 10 years

 

(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a)  for 10 years from the date of the issue of the occupation certificate:

(i)  the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

 

Conditions are recommended to require the following:

1.      For at least 10 years from the date of the issue of the occupation certificate the dwellings proposed to be used for the purposes of affordable rental housing (unit 3 & 5), as per the provisions of the SEPP.

2.      The affordable rental housing component (secured for a minimum of 10 years) is managed by a registered Community Housing Provider (CHP).

3.      The CHP to comply with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

4.      A restriction registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with section 88E of the Conveyancing Act 1919 that will ensure that the requirements 1 and 2 are met.

5.      Prior to an occupation certificate being granted, evidence be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

6.      The specific dwellings which are identified for affordable rental housing shall be indicated on the stamped approved Construction Certificate plans, a copy of which should be submitted to Council.

Subject to Conditions.

Clause 18  - Subdivision

Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.

 

Strata subdivision is proposed under the subject Development Application.  Suitable conditions are included.

Subject to condition.

 

Floor Space Ratio

 

The application proposes a gross floor area of 2018sqm, which represents an FSR of 1.03:1. The existing maximum FSR applicable under the Randwick Local Environmental Plan 2012 (RLEP 2012) for the site is 0.75:1. Clause 13 of the AR SEPP however provides a bonus FSR of 0.25:1, which would ordinarily allow for a maximum FSR of 1.15:1 (with up to 50% being provided as affordable housing). However as only the application only provides for 32% of the gross total floor area as affordable housing a maximum FSR applying to the site is 1.07:1 (0.32 + 0.75).

 

The proposed GFA is compliant with the maximum permitted being 20sqm below the permissible.

 

Clause 16A – Character of local area

See assessment in Council report

 

1.2   SEPP 65 – Design Quality of Residential Flat Development

 

 

However the provisions do not prevent a consent authority from granting consent if compliance is not met.  Accordingly, for the reasons discussed in the above table, the proposed development is satisfactory

 

 

The application was reviewed by the Joint Randwick/Waverley Design Review on one (1) occasion on June 2015.  The following is a reproduction of comments received in relation to the development application:

 

It was noted that this is a new Development Application, the Panel having reviewed an earlier application in February 2013. The scheme has changed since that previously seen by the Panel, so the comments below reflect the new scheme only.

 

Panel members are familiar with the site and the general area.

 

1.         Relationship to the Context of the Proposal 

 

This proposed extension, which was previously mainly to the rear of an existing two storey apartment building, now includes raising the hipped roof at the front. Therefore this proposal will be visible in the Dolphin Street streetscape.  Its relationship to the buildings to either side of it could be satisfactory, subject to the comments below.

 

2.         The Scale of the Proposal

See comments below

 

3.         The Built Form of the Proposal

A total of six units are now proposed (planner comment: amended application is 5). While the previous proposal was straightforward in form, this one is rather over-complicated.  The Panel makes the following suggestions to improve the form and organisation of the proposal:

-               The lower ground floor would be better with 2 self-contained 1 bed units, as the area and arrangement are reasonable (subject to the bedroom’s having enough sun and privacy)

-               The ground floor could have the enlarged 2 bed + study units already proposed, without the internal stairs

-               The first floor plan could remain as is. Perhaps with connecting stairs to attic bedrooms

-               The Panel considers that the proposed top floor extension is too bulky, and appears to be an unresolved junction of a new hipped form with a block form – its does not sit comfortably above the existing volume. A smaller centrally located footprint would be preferably, either as attics accessed from the floor below, or as a single centrally placed 1 bedroom unit, integrated with the existing roof form.  A slightly raised new single roof form across the centralised floor space could also be investigated.

-               The proposed cement rendering of the external walls seem unnecessary walls, particularly at the front where the existing brickwork has a positive character and reasonable detail and texture

-               The extension to the rear is reasonable and is supported, particularly with the indents on either side to demarcate the extension. The 6 proposed balconies are well-sized and have a coherent form

-               The kitchens would all benefit from openable windows, protected by the fire shutters

The proposal would result in some (but not unreasonable) loss of afternoon sun on windows, noted as kitchen and bathroom, in the adjacent western facade of No 31 Dolphin Street, which extends further to the north – at 3pm.

Planner comment: the application has been amended to generally reflect the comments made by the Panel.

 

4.         The Proposed Density

 The proposed density is now 1.12:1,as the applicant is applying for a bonus utilising the Affordable Housing SEPP. This seems reasonable in this dense and well-served context.

Planner comment: FSR has since been reduced.

5.         Resource and Energy Use and Water Efficiency

It is recommended that an opportunity for securable ventilation be provided in association with the sliding/folding door sets onto the north facing terraces and that consideration be given to providing ventilating skylights above the kitchens on the top floor.

Ceiling fans have been included throughout the living spaces to avoid the need for air-conditioning, which the Panel supports.

Outdoor clotheslines should be provided in the garden.

Planner comment: Laundry facilities are provided within each unit.

6.         The Proposed Landscape

A simple landscape plan has been submitted, and 57% of the site is retained as deep soil landscape, which is commendable. A landscape plan should be prepared by an accredited landscape architect, and should be required as a condition of consent.

7.         The Amenity of the Proposal for its Users

The proposed extension would result in a considerable increase in the amenity of the existing apartments in the building. The impacts on neighbours on either side need to be checked by the assessing planner.

Planner comment: The neighbours amenity has been considered in the assessment against the relevant matters under the Apartment Design Guide, RLEP and Part C2 Medium Density residential in the RDCP.

8.         The Safety and Security Characteristics of the Proposal

The proposal would increase the use and casual supervision of the rear garden.

BCA issues need to be checked throughout and measures confirmed on the submitted plans and elevations.

9.      Social issues

The enhancement of existing buildings of the interwar period is desirable and reflects the increasing affluence of its neighbourhood. The provision of affordable housing is also supported.

 

10.  The Aesthetics of the Proposal

The massing and design are in need of simplification – see comments above.

 

Cross sections at 1:50 through the proposed extensions and a schedule of finishes should be included as part of the application. Currently only a rear cross section has been provided.

 

SUMMARY AND RECOMMENDATIONS

 

In the Panel’s opinion, this is a reasonable proposal in search of the best organisation and form.  Subject to the issues above being addressed to the satisfaction of the approving planner, it is supported by the Panel.

 

Planner’s comments: The proposed bulk and scale has been reduced in order to minimise the bulk and scale and therefore the amenity impacts on the neighbouring properties amenity to what is considered acceptable having regard to the overall scale type of development being for the purposes of affordable housing.

 

The SEPP 65 analysis provided in the minutes of the meeting with respect to the ten (10) design quality principles of the instrument are generally accepted subject to the conditions recommended in the assessment of this report.  In addition condition is included requiring the submission on a sample board indicating the external materials/finishes/colours/textures for the approval of the Manager of Development Assessment.

 

SEPP 65 requires a consent authority to take into consideration the Apartment Design Guide (ADG) determining a development application.  Below is an assessment of the proposal against the ‘rules of thumb’ listed in the ADG. 

 

Table 2 | SEPP 65 – 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 alterations and additions to a residential flat building being 3 storeys and more in height. The proposal has been considered by Council’s Design Review Panel. The Panel’s comments are included in Section 7. 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. Any non-compliance to the design criteria such as the floor to ceiling height includes a merits based assessment as per the design guidance of the Apartment Design Guide. The AADG provisions do not prevent a consent authority from granting consent if compliance is not met.  Accordingly, for the reasons discussed in the above table, the proposed development is satisfactory. 

 

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 Dolphin Street

Complies

 

Where the street frontage is to the east or west, rear

buildings should be orientated to the north

N/A

N/A

 

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 (see figure 3B.2)

Overshadowing to the south is to the street. 

Yes.

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 new and existing apartments

Yes

 

Solar access to living rooms, balconies and private open

spaces of neighbours should be considered

The solar access of the neighbouring properties has been considered. The living room windows of both neighbouring properties will be impacted however they will still receive at least two hours of solar access during the winter solstice.

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%

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

Solar access will not be significantly reduced as it will occur during the early morning onto the eastern side elevation of No. 27 Dolphin Street and in the afternoon to the eastern neighbours western elevation

Yes see discussion in the Council report.

 

Overshadowing should be minimised to the south or downhill by increased upper level setbacks

The southern side of the front building faces Dolphin Street and no undue overshadowing will occur to neighbouring properties.

Yes

 

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 ADG requirements. It is noted that the attic level is setback 2.6m from the respective eastern and western side boundaries which for a site 12.192m wide it is greater than the minimum 2 metre control required under Part C2 of the RDCP 2013

Yes

 

A minimum of 4 hours of solar access should be retained to

solar collectors on neighbouring buildings

The building will impact the roof form that would contain solar collectors. However at least 4 hours will be afforded to a portion of the roof of the adjoining buildings to the east and west.

Yes.

3D-1

Communal and Public Open Space

 

 

 

Communal open space has a minimum area equal to

25% of the site (see figure 3D.3)

128sqm of common open space (25.5%)

Yes

 

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 in the rear has a northern aspect and will receive the required solar access.

Yes

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

15% deep soil zones.

Yes

 

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

The proposed attic level has a separation from the side boundaries is 2.6m. however the window sills are a minimum of 1.6m above floor level ensuring no direct overlooking into the neighbouring properties habitable room windows.

 

 

 

 

 

 

 

 

No see council report.

 

 

 

 

 

 

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

Refer to Randwick Development Control Plan 2013 for Vehicular Parking Rates.

 

Refer to: Council report

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.

100% of the apartments will receive direct solar access during the winter solstice

 

Yes 

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

All receive direct solar access.

Yes

4B

Natural Ventilation

 

 

 

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building.

All apartments are cross ventilated.

Yes.

 

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line

The new apartment has a cross through depth of approximately 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.

 

2.4m floor to ceiling height across the majority of the floor area. For the living room which is used more often than lower use rooms such as bedrooms, there is a concern that the proposed unit does not achieve acceptable levels of amenity in accordance with the ADG.

However, the proposed living room has a raked ceiling and will achieve the minimum 2.7m over

36% of its floor area which to a degree ensuring reasonable levels of amenity. In addition, the proposed development has a northern aspect opening onto a large terrace ensuring good light and ventilation throughout the upper level unit.

It is also important to consider that the upper level unit has been limited in bulk and scale to ensure that the character test is satisfied having regard to the neighbouring properties and the surrounding scale of development.

No however there will be sufficient amenity provided within unit 5 as noted at left.

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

Both units (3 & 5) meet the minimum size requirements.

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 for the purposes of light and will not have an area 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

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.

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 2 bedroom apartment has a minimum width of 4 metres. The single bedroom apartment has a minimum width of 4m

Yes.

 

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts

The cross through apartments are greater than 4m in width.

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.

Area:

The apartments have the following balcony sizes:

·     Single bedroom (unit 3): 10.25sqm (2.5m minimum width

·     Two bedroom (unit 5): 19.2sqm (4m depth)

 

However the balcony for unit 5 is considered excessive and will result in visual and acoustic privacy impacts on the neighbouring properties. As such a condition is included limiting the depth of the balcony to a maximum of 2.4m ensuring the area measures a minimum of 10sqm and therefore complies with the ADG control.

 

 

 

Yes

 

 

Yes

 

 

Shortfall of 0.5sqm. see comment at left

 

 

 

 

 

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 2 apartments.

Complies.

 

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40

The development is less than 10 storey’s in height. Not applicable.

Not applicable.

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 for storage within each apartment. 

Complies.

 

1.2 State Environmental Planning Policy 55 – Remediation of Land

 

State Environmental Planning Policy No. 55 - Remediation of Land applies to all land and aims to provide for a State-wide planning approach to the remediation of contaminated land.

 

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to carrying out of any development on that land and if the land is contaminated, it is satisfied that the land is suitable in its current state or will be suitable after remediation for the purpose for which the development is proposed to be carried out.

 

There is no evident risk to human health and the environment associated in this case.  The likelihood of encountering contaminated soils on the subject site is extremely low given the following:

 

§    The subject site and immediate surrounds have been used for residential purposes for a considerable amount of years.  Historical data dating back to 1941 indicate a residential flat building containing 4 x 2 bedroom flats on the subject site.

§    There is no evidence to suggest that potential land contaminating activities, such as those listed in Table 1 and Appendix A of the contaminated land planning guidelines of SEPP 55, have been carried out on the subject site or adjoining properties.

§    The subject site is not identified under the LEP as constituting contaminated land or land that must be subject to a site audit statement. 

§    The subject site and adjoining properties are not subject to a notice, order, management proposal or site audit statement under the Contaminated Land Management Act 1997.

 

Accordingly, no further investigation is required in this case and nothing restricts Council, under SEPP 55, from consenting to the carrying out of the development.

 

1.3 SEPP (Building Sustainability Index: BASIX) 2004

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The proposed development is a ‘BASIX affected development’ as defined under Clause 3 of the Environmental Planning and Assessment Regulation 2000. 

 

Clause 2A of Schedule 1 of ‘Environmental Planning and Assessment Regulation 2000’ requires the submission of a BASIX Certificate/s with a DA for a BASIX affected development. A BASIX Certificate accompanies the DA.

 

1.      Randwick LEP 2012

 

Clause 1.4 – Definitions

The proposed development is defined as a ‘residential flat building’ under Randwick LEP 2012.  A ‘residential flat building’ means:

 

a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing’.

 

Part 2 – Permitted or prohibited development

The Site is zoned R3 under RLEP 2012.  The proposed development for a ‘residential flat building’ is permissible with consent under the zone.

 

Clause 2.3 (2) requires the consent authority to have regard to the objectives for development in the zone.  The objectives of the zone are listed below. 

 

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

 

Assessment Comment:  The development will cater for the existing need for housing within a medium density residential environment.

 

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

 

Assessment Comment:  The development will provide variety via the number of bedrooms and apartment types/layouts.

 

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

 

Assessment Comment:  N/A

 

§    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.

 

Assessment Comment: The development will be consistent with the current scale and character of built forms within the locality.  It will reflect a well-designed habitable roof top element within the existing built form.

 

§    To protect the amenity of residents.

 

Assessment Comment:  The proposal will not result in loss of aural or visual privacy that cannot be overcome by the adoption of certain measures as discussed in this report. In addition, the proposal will maintain adequate solar access to the living areas within the bounds of reasonable expectations subject to standard conditions, the proposed demolition and construction works will result in reasonable / controlled amenity impacts on nearby residents.

 

§    To encourage housing affordability.

 

Assessment Comment: The proposal encourages housing affordability by introducing a new two bedroom unit (unit 5) and allocating an existing one bedroom unit as ‘affordable housing component’ via the provisions of the ARH SEPP.

 

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

 

Assessment Comment:  N/A

 

Clause 2.6 – Subdivision – consent requirements

Suitable conditions are included.

 

Clause 2.7 – Demolition requires development consent

Clause 2.7 relates to demolition of the roof or work to be carried out only with development consent.

 

Clause 4.1 – Minimum subdivision lot size

There is no minimum lot size applicable to the subject site under Clause 4.1.

 

Clause 4.3 – Height of buildings

The proposal contravenes the maximum height standard of 9.5m. The applicant has submitted a written request seeking to justify the contravention of the standard pursuant to Clause 4.6 of RLEP 2012.

 

The proposed variation is summarized in the table below:

 

Height

Development Standard

9m

Proposal – Building A

Eastern elevation between 9.71m (ridge at front) – 11.44m (ridge at rear)

Western elevation between 10.01m (front) – 12.46m

Excess above RLEP Standard

Eastern elevation: 20.45% - 2.2%

Western elevation: 31.1% - 5.3%

See assessment of Clause 4.6 exception in Council report

 

Clause 4.4 – Floor Space Ratio

The maximum permissible floor space ratio and related calculations have been discussed in 1.1 above.

 

Clause 4.6 – Exceptions to development standards

 

See assessment under Council report

 

Clause 5.9 – Preservation of Trees or vegetation & 5.9AA Trees or vegetation not prescribed by development control plan

The development proposal will necessitate the removal of most on-site trees.  Council’s landscape officer has reviewed the application and raised no concerns to this, but conditions of consent to require appropriate protection of trees that will be retained on and around the subject site.  Reference should be made to Section 7. 

 

Clause 5.10 - Heritage Conservation

The subject site or adjoining sites (including any of their components) are not listed as a heritage item or within a heritage conservation area.  The closest heritage item (a Holy Family Church) is located diagonally across from the subject site on the corner of Maroubra Road and Garden Street.  The subject site has minimal physical interrelationship with the heritage item, which is sited approximately 100m away.

 

Clause 6.2 – Earthworks

The relevant matters of Clause 6.2 have been considered.  The development will be satisfactory with respect to these matters.

 

Clause 6.3 – Flood Planning

Council’s Development Engineer has reviewed the subject proposal.

 

Clause 6.4 Stormwater Management

Clause 6.4 of the Randwick LEP 2012 requires stormwater management to be integrated with the existing stormwater management system and incorporate water sensitive urban design principles. Stormwater management for the site can comply with these requirements subject to the implementation of standard conditions and conditions recommended by Council’s Development Engineer.  A standard condition will require stormwater design details to be provided with an application for a Construction Certificate.

 

Clause 6.10 Essential Services

Clause 6.10 of the Randwick LEP 2012 requires Council not to grant consent unless all essential services required by a proposed development are capable of being provided.  The essential services of reticulated sewer, water and electricity exist on the site and will be available to the proposal. Conditions of consent are recommended to ensure that appropriate connections are provided.

 

2.      Randwick Comprehensive Development Control Plan 2013 (RDCP 2013)

 

The DCP provisions are structured into two components, Objectives and Controls. The Objectives provide the framework for assessment under each requirement and outline key outcomes that a development is expected to achieve. The controls contain both numerical standards and qualitative provisions. Any proposed variations from the 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.)

 

RDCP 2013 Compliance Table

DCP Clause

Control

Proposal

Compliance

B6

Recycling and Waste Management

4.

On-Going Operation

 

 

 

(iv) Locate and design the waste storage facilities to visually and physically complement the design of the development.

All waste facilities will be located within the front ground level enclosure. This is largely due to the relatively steep slope of the site and difficulty with movement of bins from the rear to the front.

Satisfactory

 

(v)  Locate the waste storage facilities to minimise odour and acoustic impacts on the habitable rooms of the proposed development, adjoining and neighbouring properties.

The bin storage areas adjacent to the front of each ground level apartment have the potential to result in result in an odour to habitable rooms within the ground level units. A suitable condition is included in relation to requirement for maintaining the area in a clean and tidy manner.

Satisfactory

 

(vi) Screen the waste storage facilities through fencing and/or landscaping where possible to minimise visual impacts on neighbouring properties and the public domain.

The bin storage will be screened.

Satisfactory

 

(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).

The waste storage will be accessible for all users and waste collection personnel.

Satisfactory

 

(viii)Provide sufficient storage space within each dwelling / unit to hold a single day’s waste and to enable source separation.

Provided

Satisfactory

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

Car parking requirements:

 

Resident:  As per ARH SEPP.

 

Visitor:  1 visitor space per 4 dwellings

 

The car parking requirement has been considered by Councils Development Engineer where a shortfall of 2spaces is identified in combination with the approved development under DA/720/2012.

No, see executive summary.

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.

For development fronting laneways, building must incorporate operable windows for casual surveillance.

 

Laneway setbacks should be aligned with existing setbacks and where there is no consistent setback, a minimum of 1m is to be provided.

The Design Review Panel, has considered the development and recommended certain amendments which have generally been accommodated by the amendments to the application.

Satisfactory

2.2

Landscaped open space and deep soil area

2.2.1

Landscaped open space

 

A minimum of 50% of the site area is to be landscaped open space.

(NB: Landscaped open space is defined include:

(a) “Landscaped area” as defined in RLEP (including areas of deep soil planting); (b) Outdoor recreation areas including communal open space (not on the roof); (c) Unroofed swimming pools; (d) Clothes drying areas; (e) Barbecue areas and ancillary structures; (f) Footpaths; (g) Landscaped podium areas (not more than 1.5m above ground level existing) and water tanks at ground level; (h) Paved areas; (i) Areas covered by shading structures that are located at ground level and substantially open on the side elevations without wall enclosure, such as cabanas, pergolas, canopies and the like but excluding verandas, balconies and decks. Landscaped open space area excludes: (a) Areas for parking; (b) Driveways; (c) Balconies; (d) Rooftop gardens; (e) Areas for garbage or recycling material; (f) Areas occupied by storage sheds and the like.

No change to landscaped area

Satisfactory

2.2.2

Deep soil area

 

(i)   A minimum of 25% of the site area should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting.

The ARH SEPP prescribes a minimum deep soil requirement of 15%.  This requirement prevails in this case. Notwithstanding, the proposal will provide compliant levels of deep soil

Satisfactory

 

(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.

Deep soil areas included in calculations meet the descriptive qualities for deep soil areas.

Satisfactory

 

(iii) Deep soil areas are to have soft landscaping comprising a variety of trees, shrubs and under storey planting.

 

Conditioned

 

(iv) Deep soil areas cannot be located on structures or facilities such as basements, retaining walls, floor slabs, rainwater tanks or in planter boxes.

Calculations of ‘deep soil areas’ excludes any areas on structures or facilities.

Satisfactory

 

(v)  Deep soil zones shall be contiguous with the deep soil zones of adjacent properties.

Deep soil zones will be contiguous with deep soil zones on adjacent properties.

Satisfactory

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.

Each of the unit will consist of a private open space directly accessible from the living area.  All will be open to a northerly aspect and can contribute to passive surveillance of common areas.  The private open spaces will provide adequate privacy for residents.  Upper level balconies could possibly also contribute to passive surveillance of common areas.

Satisfactory

 

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.

Each dwelling will have access to an area of private open space in the form of a courtyard, balcony, or deck, accessible from with the dwelling.

All private open spaces for apartments has a minimum area of 8sqm and a minimum dimension of 2m.

Satisfactory

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.

Adequate portions of the communal open space will be of sufficient contiguous area, cater for passive surveillance, and adequately landscaped for privacy screening and visual amenity.

 

Satisfactory

3

Building Envelope

3.1

Floor space ratio

 

Noted above

Discussed above.

-

3.2

Building height

 

Noted above and in Council report.

Discussed in Council report.

-

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.

Maximum of 13.5m for unit 5.

 

The 13.5m depth meets the requirements of the ADG, which stipulates a maximum of 18m, and will be dual aspect.

Satisfactory

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 (extension of the wall) will be consistent with the prevailing setback line along the street.

 

The front setback of the dormer elements will be further behind the front building line.

 

 

Satisfactory

3.4.2

Side Setbacks

(i)     Comply with the minimum side setback requirements stated below:

-    site frontage 12m and 14m: 2.0m

 

Dormer

Eastern and western side: 2.65m

 

Satisfactory

 

 

3.4.3

Rear setback

 

For residential flat buildings, provide a minimum rear setback of 15% of allotment depth or 5m, whichever is the greater.

 

iii) The required rear setback may be varied in the following

scenarios:

§  Allotments with an irregular shape.

§  Allotments with the longest boundary abutting the street or the rear adjoining neighbour (that is, the frontage width being longer than the site depth).

§  Allotments with the rear boundary abutting a laneway.

§  A central courtyard is provided in the development.

 The development is setback around 20m from the rear boundary.

 

Satisfactory

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.

The building continues to address the street.

The dormers are set well back from the front wall alignment.

 

Side setbacks of the dormer is greater than the 2m side setback required under the RDCP thus minimising the massing of the development when viewed from the street and the side neighbours.

Satisfactory

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)    Use clerestory windows and skylights to improve natural lighting and ventilation of internalised space on the top floor of a building where feasible. The location, layout, size and configuration of clerestory windows and skylights must be sympathetic to the overall design of the building and the streetscape.

(vi)    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. 

Whilst the roof forms will result in breaches of the maximum permissible height, they will benefit the development given the following:

§ They will add only minor vertical additions atop the existing building and will predominately be hipped roof rising away from the side boundaries. This roof form divides the massing into distinctive sections to minimise the overall bulk and scale. 

§ The dormers add visual interest.

§ The roof maximises light penetration into internal units and not detract from the contextual envelopes of the neighbouring development particularly those located to the west at No. 25 and 27 Dolphin Street

§ The higher roof portions of the dormers will not be subservient to the roof form that is readily visible from the street frontage of the site due to the greater setback from the front façade and setbacks from the building sides

Satisfactory

 

4.4

External wall height and ceiling height

 

i)       Where the site is subject to a 12m building height limit under the LEP, a maximum external wall height of 10.5m applies.

 

Compliance with the 9.5m height standard of the RLEP has been discussed in the Council report and throughout this report.  The external wall height is discussed in the Council report.

Satisfactory

 

iii)     The minimum ceiling height is to be 2.7m for all habitable rooms.

This matter has been discussed in the ADG table above

Satisfactory

4.5

Pedestrian Entry

 

i)      Separate and clearly distinguish between pedestrian pathways and vehicular access. 

No change. 

Satisfactory

 

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.

The development will provide an appropriate presentation to the street frontages of the site. 

 

Satisfactory

4.6

Internal circulation

 

(i)   Enhance the amenity and safety of circulation spaces by:

-     Providing natural lighting and ventilation where possible.

-     Providing generous corridor widths at lobbies, foyers, lift doors and apartment entry doors.

-     Allowing adequate space for the movement of furniture.

-     Minimising corridor lengths to give short, clear sightlines.

-     Avoiding tight corners.

-     Articulating long corridors with a series of foyer areas, and/or providing windows along or at the end of the corridor.

The amenity and safety of the circulation spaces will be satisfactory.

 

Satisfactory

 

(ii) Use multiple access cores to:

-     Maximise the number of pedestrian entries along a street for sites with wide frontages or corner sites.

-     Articulate the building façade.

-     Limit the number of dwelling units accessible off a single circulation core on a single level to 6 units.

(iii) Where apartments are arranged off a double-loaded corridor, limit the number of units accessible from a single core or to 8 units.

The access core will remain and is convenient for occupants and visitors.

Satisfactory

4.7

Apartment layout

 

(i)   Maximise opportunities for natural lighting and ventilation through the following measures:

-     Providing corner, cross-over, cross-through and double-height maisonette / loft apartments.

-     Limiting the depth of single aspect apartments to a maximum of 6m.

-     Providing windows or skylights to kitchen, bathroom and laundry areas where possible.

Providing at least 1 openable window (excluding skylight) opening to outdoor areas for all habitable rooms and limiting the use of borrowed light and ventilation.

The unit layouts and types maximise light and ventilation.

 

All habitable rooms will consist of an opening

 

Satisfactory

 

(ii)  Design apartment layouts to accommodate flexible use of rooms and a variety of furniture arrangements.

Apartment layouts and sizes of rooms are most likely to accommodate a variety of furniture arrangements and flexibility in use.

Satisfactory

 

(iii) Provide private open space in the form of a balcony, terrace or courtyard for each and every apartment unit in a development.

Each unit will consist of a private open space in the form of a balcony, terrace and/or courtyard.

Satisfactory

 

(iv) Avoid locating the kitchen within the main circulation space of an apartment, such as hallway or entry.

All of the kitchens will be appropriately located.

Satisfactory

4.8

Balconies

 

(i)  Provide a primary balcony and/or private courtyard for all apartments with a minimum area of 8m2 and a minimum dimension of 2m and consider secondary balconies or terraces in larger apartments.

All units will contain at least one balcony.

Satisfactory

 

(ii) Provide a primary terrace for all ground floor apartments with a minimum depth of 4m and minimum area of 12m2. All ground floor apartments are to have direct access to a terrace.

No change to the approved open spaces for ground level apartments approved under DA/720/2012

Satisfactory.

4.9

Colours, materials and finishes

 

(i)   Provide a schedule detailing the materials and finishes in the development application documentation and plans.

(ii)  The selection of colour and material palette must complement the character and style of the building.

(iv) Use the following measures to complement façade articulation:

-     Changes of colours and surface texture

-     Inclusion of light weight materials to contrast with solid masonry surfaces

-     The use of natural stones is encouraged.

(v)  Avoid the following materials or treatment:

-     Reflective wall cladding, panels and tiles and roof sheeting

-     High reflective or mirror glass

-     Large expanses of glass or curtain wall that is not protected by sun shade devices

-     Large expanses of rendered masonry

-     Light colours or finishes where they may cause adverse glare or reflectivity impacts

(vi) Use materials and details that are suitable for the local climatic conditions to properly withstand natural weathering, ageing and deterioration.

(vii) Sandstone blocks in existing buildings or fences on the site must be recycled and re-used.

A condition is recommended to require the submission of a final schedule detailing the materials and finishes for the approval of Council before the issue of a construction certificate.

 

 

Satisfactory, subject to condition.

4.12

Earthworks Excavation and backfilling

 

(i)    Any excavation and backfilling within the building footprints must be limited to 1m at any point on the allotment, unless it is demonstrated that the site gradient is too steep to reasonably construct a building within this extent of site modification.

(ii)    Any cut and fill outside the building footprints must take the form of terracing following the natural landform, in order to minimise the height or depth of earthworks at any point on the site.

No concerns are raised relating excavation and backfilling.

Satisfactory, subject to condition

5

Amenity

5.1

Solar access and overshadowing

 

Solar access for proposed development

 

(i)     Dwellings must receive a minimum of 3 hours sunlight in living areas and to at least 50% of the private open space between 8am and 4pm on 21 June.

This matter has been addressed in Tables above and the proposal meets the minimum solar access standards prescribed by the ARH SEPP for Infill Housing and the ADG under SEPP 65.

Complies

 

(ii)     Living areas and private open spaces for at least 70% of dwellings within a residential flat building must provide direct sunlight for at least 3 hours between 8am and 4pm on 21 June.

 

Complies

 

(iii)    Limit the number of single-aspect apartments with a southerly aspect to a maximum of 10 percent of the total units within a residential flat building.

No single aspect apartments are proposed

Complies

 

(iv)    Any variations from the minimum standard due to site constraints and orientation must demonstrate how solar access and energy efficiency is maximised.

The proposal has been appropriately designed to achieve maximum solar access and incorporates features such as dual aspect to ensure a high standard of internal amenity.

Complies

 

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.

Refer to comments provided above under height. This matter has been addressed in Tables above.

Complies

5.2

Natural ventilation and energy efficiency

 

(i)   Provide daylight to internalised areas within each dwelling and any poorly lit habitable rooms via measures such as ventilated skylights, clerestory windows, fanlights above doorways and highlight windows in internal partition walls.

The proposal includes adequate measures and ample openings to maximise light access into units.

Satisfactory

 

(ii)  Sun shading devices appropriate to the orientation should be provided for the windows and glazed doors of the building.

The development will provide an appropriate outcome.

Satisfactory

 

(iii) All habitable rooms must incorporate windows opening to outdoor areas. The sole reliance on skylight or clerestory windows for natural lighting and ventilation is not acceptable.

Habitable rooms will consist of or be directly adjacent to a door or window opening.  The open plan layout of main living / activity areas will facilitate natural lighting and ventilation.

Satisfactory.

 

(iv) All new residential units must be designed to provide natural ventilation to all habitable rooms. Mechanical ventilation must not be the sole means of ventilation to habitable rooms.

(v)  A minimum of 90% of residential units should be naturally cross ventilated.

Opportunities for natural ventilation will be optimum given the unit types and layouts. 

Satisfactory

 

(vi) A minimum of 25% of kitchens within a development should have access to natural ventilation and be adjacent to openable windows.

The proposed development will meet the minimum requirement with all units

Satisfactory

5.3

Visual privacy

 

Various requirements

 

This matter has been addressed in the ‘Visual Privacy’ section of the Council report.

Subject to conditions

5.4

Acoustic privacy

 

Various requirements

This matter has been addressed in the acoustic privacy section in the Council report.

Subject to conditions.

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.

(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. 

 

Review of the site and its surrounds indicates that the development is unlikely to impact on any significant view corridors and vistas to significant elements.

 

Satisfactory

5.6

Safety and security

 

Design buildings and spaces for safe and secure access to and within the development.

 

Satisfactory

7

Ancillary Development

7.6

Storage

 

(i)     The design of development must provide for readily accessible and separately contained storage areas for each dwelling.

(ii)     Storage facilities may be provided in basement or sub floor areas, or attached to garages. Where basement storage is provided, it should not compromise any natural ventilation in th