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Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 8 November 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                     8 November 2016

 

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Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 8 November 2016 at 6:00 p.m.

 

 

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

 

Quorum:                             Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 11 October 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Development Application Reports (record of voting required)

Planning Matters

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.

D94/16     4 Neptune Street, Coogee (DA/107/2016) (Deferred)............................... 1

D95/16     341 Bunnerong Road, Maroubra (DA/701/2016)................................... 113

D96/16     5-7 Stark Street, Coogee (DA/189/2016).............................................. 119

D97/16     323 Malabar Road, Maroubra (DA/490/2012/C)..................................... 135

Miscellaneous Reports (record of voting NOT required)

M17/16     Report for Variation to Development Standard under SEPP No. 1 and Clause 4.6 between 1 September to 31 October 2016....................................... 145

M18/16     Request to nominate delegates and alternates to the new Sydney Planning Panel..................................................................................................... 149    

 

Notice of Rescission Motions

Nil  

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                     8 November 2016

 

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Development Application Report No. D94/16

 

Subject:              4 Neptune Street, Coogee (DA/107/2016) (Deferred)

Folder No:                DA/107/2016

Author:                     Louis Coorey, Senior Environmental Planning Officer     

 

Introduction

 

The subject application was considered at the Planning Committee meeting on 13 September 2016 as the proposal exceeds the maximum building height standard by more than 10% and the cost of works is greater than $2 million. At the meeting, Council resolved:

 

“(Matson/Roberts) that the application be deferred for mediation and clarification of the proposed non-standard conditions.”

 

Mediation was held on 13 October 2016 between the applicant and objectors. The following comments were provided by the Mediator:

 

·         That the objectors from No. 5, 6 & 1A Neptune Street have viewed amended plans and agreed that it may have addressed their concern subject to clarification with a photo montage from the balconies. Subject to the above the objectors will withdraw their objections.

 

·         The applicant has agreed to the following:

 

Ø  Condition 2a: Reduce blade façade by 250mm. (Note: No. 2A Neptune Street maintains that Condition 2a should remain).

Ø  Condition 2b: Window treatment deleted, horizontal screen up 1m on to above internal floor level.

Ø  Condition 2c: Reduce from 1.6m treatment to window down to 1.2m treatment to window including option of horizontal louvres.

Ø  Condition 2d: Instead of 1m wide planter agree to 650mm supporting structure overall with low laying shrubs to the balustrade.

Ø  Condition 2e: As per condition

Ø  Condition 2f: deleted

Ø  Condition 2g: Accepted

Ø  Condition 2I: Agreed

Ø  Condition to be imposed to carry out dilapidation and asbestos report.

 

Issues

 

The following comments are provided in response to the mediation outcome.

 

·      That the objectors from Nos. 5 & 6 of 1A Neptune Street have viewed amended plans and agreed they may have addressed their concern subject to clarification with a photomontage from the balconies. Subject to the above the objectors will withdraw their objection

 

The applicant provided further comment indicating that there was no agreement to provide a photomontage as there are photos from the objectors’ balconies (Photos 1 & 2 below) that will provide sufficient indication on the extent of view loss. 

 

Planner comments: A photomontage is not considered necessary in the circumstances of the case having regard to the extent of potential view loss from these balconies. The applicant refers to the photos contained in the Development Application report D71/16, which highlights the existing roof ridge and the likely loss of view being very minor and that the more expansive and valuable view of the headland interfacing with the ocean being retained. An assessment of the views from the balconies of Units 5 & 6/1A Neptune Street is referenced as follows:

 

Unit 5, 1A Neptune Street:

 

As originally assessed, and as the photo below suggests the proposed roof will be 545mm above the ridge of the existing dwelling and it is not anticipated that there will be any significant loss of views from this unit.

Photo 1: view from balcony of Unit 5, 1A Neptune Street.

 

Unit 6, 1A Neptune Street:

 

As originally assessed and as shown in the photo below, there will be no significant view loss from the balcony of this unit. It is also noted that the views over the subject site are low quality views and will only be marginally affected. Moreover, the view of the headland ocean interface from this balcony will be fully retained and is considered to be the highly valuable views.

Photo 2: view from balcony of Unit 6, 1A Neptune Street.

 

·      The applicant has agreed to the following:

 

Ø Condition 2a: Reduce blade façade by 250mm. No. 2A Neptune Street maintains that Condition 2a should remain.

 

Planner comments: A reduction in the rear setback of the ground and first floor levels from 850mm as required by condition 2a down to 250mm will result in unreasonable loss of views from the neighbour’s upper level living room window and is therefore not supported.

 

Recommendation: Condition 2a should be retained as per the original recommendation and read as follows:

 

2a.    The rear setback of the ground floor level and first floor level (including blade walls) shall be increased by 850mm. This condition will require removal of blade walls and reduction of internal depth of rooms and void area. This condition has been included in order to ensure a greater retention of views from the ground level living room window of No. 2-2A Neptune Street.

 

Ø Condition 2b: Window treatment deleted, horizontal screen up 1m above internal floor level.

 

Applicant: Horizontal screen to be located above the boundary wall along the east side boundary.

 

Planner comments: The mediated outcome allowing for a horizontal screen to 1m is considered acceptable. However, the applicant’s further suggestion that the screen be located above the eastern boundary wall is not supported as the overall height will be 3.6m and will result in adverse visual impact to the adjoining neigbhour at No. 190 Beach Street.

 

Recommendation: It is recommended that Condition 2b be amended to allow for a horizontal screen across the eastern elevation of the lower ground floor level (and not be placed on the eastern boundary wall). Condition 2b shall read as follows:

 

2b.      The lower level east facing living room window shall be treated with obscured glazing to a minimum height of 1m above the internal floor level. Alternatively, a horizontal external privacy screen to a height of 1m above the internal floor level may be installed across the lower level east facing living room window. The external screen shall be fixed to an angle that avoids a sitting view into the rear yards of Nos. 188 & 190 Beach Street. The external privacy screen must be installed prior to the issue of an occupation certificate.

 

Ø Condition 2c: Reduce from 1.6m treatment to window down to 1.2m treatment to window including option of horizontal louvres

 

Planner comments: The mediated outcome allowing for a reduction in additional privacy measures required for the east facing day room window at ground floor level will allow for a direct view into the rear yard of No. 190 Beach Street. It should be noted that the owner of No. 190 Beach Street did not attend mediation.

 

Recommendation: Condition 2c shall be retained as the additional privacy measures that restrict overlooking to 1.6m above the internal floor level. However, the condition may be amended to allow for external screen to be placed along the eastern side of the window to restrict overlooking into the rear yard of No. 190 Beach Street. Condition 2c shall be amended to read as follows:

 

2c.    The ground level east facing day room window shall be treated with obscured glazing to a minimum height of 1.6m above the internal floor level. Alternatively, a horizontal external privacy screen to a height of 1.6m above the internal floor level may be installed across the window. The external screen shall be fixed to an angle that avoids overlooking into the rear yards of No. 188 & 190 Beach Street. The external privacy screen must be installed prior to the issue of an occupation certificate.

 

Ø Condition 2d: Instead of 1m wide planter agree to 650mm supporting structure overall with low laying shrubs to the balustrade.

 

Applicant: Agree 300mm wide planter with maximum overall width of 650mm including supporting structure, with low laying shrubs to the balustrade height.

 

Planner comments: It is considered that the agreed outcome of a 650mm wide planter along the eastern side of the ground level day room balcony will still achieve reasonable level of privacy between the balcony and the rear yards of Nos. 188 & 190 Beach Street.

 

Recommendation: Condition 2d shall be amended to read as follows:

 

2d.   A 650mm wide planter shall be installed along the eastern side of the ground floor level day room balcony. Only low lying shrub planting (at maturity) to balustrade height shall be installed within this planter to ensure no appreciable impact on views from the living room window of No. 2-2A Neptune Street.

 

Ø Condition 2e: retain as per the recommendation.

 

Recommendation: Condition 2e to be retained and read as follows:

 

2e.  Air conditioning equipment shall be located at lower ground level or within the garage and subject to compliance with associated acoustic privacy operational conditions.

 

Ø Condition 2f: Delete condition 2f in relation to the deletion of the rear first floor level balcony.

 

Planning comment: The deletion of Condition 2f is not supportable because it has a direct relationship with the requirement of condition 2a requiring a greater rear setback at first floor level. Also deleting condition 2f would be problematic with the retention of condition 2a as it would result in very small first floor bedrooms and therefore substandard amenity.

 

Recommendation: Condition 2f should be retained and read as follows:

 

2f.  The rear first floor level balcony shall be deleted from the development.

 

Ø Condition 2g: Accepted

 

Recommendation: Condition 2g to be retained and read as follows:

 

2g. The Hibiscus tiliaceous ‘Rubra’ located on the garage roof shall be replaced with a species that doesn’t attain a height greater than 2-3m at maturity.

 

Ø Condition 2i: Agreed

 

Recommendation: Condition 2i to be retained and read as follows:

 

2i.   The Livistona australis ‘Cabbage Tree Palm’ shall be replaced with a species that does not attain a height of more than 7-9.5m at maturity.

 

Ø Condition to be imposed to carry out dilapidation and asbestos report.

 

Planning comment: Conditions 21 and 33 of the DA compliance report addresses the requirements for a dilapidation report and removal of asbestos materials.

 

Additional:

 

Ø Condition 2h required replacement of kentia palms with a smaller species.

 

Recommendation: Condition 2(h) should be deleted as it has no work to do. Although the Kentia palms trees were originally sought to be retained, it was considered by Council Officers that the originally sought increase in land level by 800mm meant that they could not be retained. However, as a result of the amended plans now detailing a rear yard level closer to the existing levels (RL37.30) these trees can be retained.

 

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 mediated outcomes relating to changes to the privacy measures required by the conditions 2b, 2c, and 2d are generally supported particularly allowing for use of external screens and reduction in width of the planter box.

 

However, the following aspects of the development are not supported:

 

Ø Amendment to condition 2a by reducing the rear setback from 850mm to 250mm;

 

Ø Amendment to condition 2b by the applicant allowing for a 1m high screen to be located over the top of the eastern boundary fence. This was not agreed in mediation;

 

Ø Amendment to condition 2c allowing for a reduction in height of privacy measure to the day room window; and

 

Ø Amendment to condition 2f allowing for the retention of the first floor rear balcony to bedrooms 2 & 3.

 

The application is recommended for approval subject to the inclusion of the conditions listed below.

 

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 Building Height, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Environment be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 107/2016 for Demolition of existing dwelling, construction of new 3 storey dwelling with garage to front and associated works, at No. 4 Neptune Street, Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

GENERAL CONDITIONS

 

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA00 Rev B

MCK Architects

16/6/16

20 June 2016

DA10 Rev B

16/6/16

20 June 2016

DA11 Rev B

16/6/16

20 June 2016

DA12 Rev B

16/6/16

20 June 2016

DA13 Rev B

16/6/16

20 June 2016

DA20 Rev B

16/6/16

20 June 2016

DA21 Rev B

16/6/16

20 June 2016

DA22 Rev B

16/6/16

20 June 2016

DA23 Rev B

16/6/16

20 June 2016

DA30 Rev B

16/6/16

20 June 2016

DA31 Rev B

16/6/16

20 June 2016

DA32 Rev B

16/6/16

20 June 2016

L01 Issue E

Amber Road

03.02.2016

25 February 2016

L02 Issue C

03.02.2016

25 February 2016

L03 Issue C

03.02.2016

25 February 2016

 

BASIX Certificate No.

Dated

Received by Council

697226S

01 February 2016

25 February 2016

 

Amendment of Plans & Documentation

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

 

a.   The rear setback of the ground floor level and first floor level (including blade walls) shall be increased by 850mm. This condition will require removal of blade walls and reduction of internal depth of rooms and void area. This condition has been included in order to ensure a greater retention of views from the ground level living room window of No. 2-2A Neptune Street.

 

b.   The east facing living/dining room window at lower ground floor level shall be treated with obscured glazing to a minimum height of 1m above the internal floor level. Alternatively, a horizontal external privacy screen to a height of 1m above the internal floor level may be installed across the window. The external screen shall be fixed to an angle that avoids a sitting view into the rear yards of Nos. 188 & 190 Beach Street. The external privacy screen must be installed prior to the issue of an occupation certificate.

 

c.    The east facing day room window at ground floor level shall be treated with obscured glazing to a minimum height of 1.6m above the internal floor level. Alternatively, a horizontal external privacy screen to a height of 1.6m above the internal floor level may be installed across the window. The external screen shall be fixed to an angle that avoids overlooking into the rear yards of No. 188 & 190 Beach Street. The external privacy screen must be installed prior to the issue of an occupation certificate.

 

d.   A 650mm wide planter shall be installed along the eastern side of the ground floor level day room balcony. Only low lying shrub planting (at maturity) to balustrade height shall be installed within this planter to ensure no appreciable impact on views from the living room window of No. 2-2A Neptune Street.

 

e.   Air conditioning equipment shall be located at lower ground level or within the garage and subject to compliance with associated acoustic privacy operational conditions.

 

f.    The rear first floor level balcony shall be deleted from the development.

 

g.   The Hibiscus tiliaceous ‘Rubra’ located on the garage roof shall be replaced with a species that doesn’t attain a height greater than 2-3m at maturity.

 

h.   Deleted.

 

i.    The Livistona australis ‘Cabbage Tree Palm’ shall be replaced with a species that does not attain a height of more than 7-9.5m at maturity.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

External materials, finishes and colours of the building are required to compliment natural elements in the coastal area (using light toned neutral hues), and use durable materials suited to coast. To limit the level of reflection and glare, any metal roof sheeting is to be pre-painted (e.g. Colourbond) and the reflectivity index of glass used in the external façade of the development must not exceed 20 percent.

 

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

Section 94A Development Contributions

5.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $2,193,734 the following applicable monetary levy must be paid to Council: $21,937.35.

 

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

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

 

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

 

Security Deposit

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

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

Eastern Side Pedestrian Gate Entrance – RL 40.10 AHD

Eastern Edge Garage Opening – RL 40.10 AHD

Western Edge Garage Opening – RL 40.15 AHD

Main Pedestrian Entrance – Match the existing Council footpath level

 

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

 

           Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

9.        The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $633.00 calculated at $52.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Sydney Water

10.      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 the Sydney Water Tap in™ online service, 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. 

 

The Sydney Water Tap in™ online service replaces the Quick Check Agents as of 30 November 2015

 

The Tap in™ service provides 24/7 access to a range of services, including:

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

·     Change to an existing service or asset, e.g. relocating or moving an asset.

 

Sydney Water’s Tap in™ in online service is available at:

https://www.sydneywater.com.au/SW/plumbing-building-developing/building/sydney-water-tap-in/index.htm

 

The Principal Certifying Authority must ensure that the developer/owner has submitted the approved plans to Sydney Water Tap in online service.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

c)      The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit/s which drain/s to Council’s kerb and gutter directly in front of the site and/or to a suitably designed infiltration area having a minimum base area of 5m²,

 

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

 

Should the site or ground conditions preclude the construction of an infiltration pit (i.e. due to rock being located within 300mm of the base of the infiltration area), an infiltration pit need not be provided and the stormwater is to be discharged directly to the kerb and gutter via a sediment/silt arrestor pit.

 

e)      Should a charged system be required to drain any portion of the site, the charged system must be designed such that;

 

i. There are suitable clear-outs/inspection points at pipe bends and junctions.

 

ii.  The maximum amount of head within the charged line does not exceed 1m in depth

 

f)      Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line and must not encroach across a neighbouring property’s frontage unless approved in writing by Council’s Development Engineering Coordinator.

 

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

 

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

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

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

·      A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·      A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

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

·      A sign adjacent to this pit stating that:

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

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

 

14.      The Infiltration area is required to be constructed generally in accordance with the following requirements:-

 

Provision of a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaped area).

Located a minimum of 3.0 metres from any structures (note: this set back requirement may not be necessary if a structural engineer or other suitably qualified person certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

Having a minimum base infiltration area of 5.0 m2 with a suitable means of dispersing stormwater over the area of infiltration.

 

Landscape Plans

15.      The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16 unless otherwise required to be amended by condition No. 2.

 

Street Tree Management

16.      The applicant must submit a payment of $756.25 (incl GST) to cover the following costs:

 

a.        For Council to remove, stump-grind and dispose of the two street trees from the Neptune Street verge, being from east to west, the Callistemon viminalis (Bottlebrush) and a Callistemon salignus (Willow Bottlebrush) so as to accommodate the new vehicle crossing, internal garage, changes to existing ground levels, new pedestrian steps and associated works in this same area as shown, as well as to ensure that a clear, unobstructed line of sight of approaching vehicles from the west is provided.

 

b.  For Council to supply, plant and maintain 1 x 25 litre replacement native coastal street tree elsewhere in the immediate area.

 

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

 

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

 

After this, any further enquiries regarding scheduling/timing or completion of works are to be directed to Council’s North Area Tree Preservation & Maintenance Coordinator on 9399-0858.

 

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

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, 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.

 

Driveway Design

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

 

BASIX Requirements

19.      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.

 

An amended BASIX certificate must be consistent with the plans referenced in Condition 1 of this determination and a copy shall be submitted to Council and the Principal Certifying Authority prior to an occupation certificate being issued for the development.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

 

Certification, PCA & other Requirements

20.      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

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 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, 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

23.      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

24.      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

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

 

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

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

·             Details of hazardous materials (including asbestos)

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

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

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

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

·             Other relevant details, measures and requirements to be implemented

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

·             Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Demolition & Construction Waste

26.      A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development.

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

Landscape Plan

29.      The Certifying Authority/PCA must ensure that the Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16 are amended to include the provision of three replacement native palms in the rear yard, around the northeast corner of the site, and are to be a minimum 100 litre pot/bag size at the time of planting.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·             Work Health & Safety Act 2011 and Regulations

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

·             WorkCover NSW Guidelines and Codes of Practice

·             Australian Standard 2601 (2001) – Demolition of Structures

·             The Protection of the Environment Operations Act 1997 and Regulations

·             Relevant EPA Guidelines

·             Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·             Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·             Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

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

·     as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

        Council Driveway Design

42.      The applicant is to arrange for their own suitably qualified Engineer to submit to Council design details/specifications for the works to be carried out on Council’s footpath and roadway, this shall include but not limited to the following:

 

§  Gutterbridge design with concrete crossing. (The concrete crossing is to be a maximum 3.00m wide taken from the eastern opening of the garage)

§  New footpath and step design.

§  Traffic island design, upstream from Council driveway.

§  Associated road reknit and any other works determined by Council’s Coordinator Engineering Services.

§  Any retaining walls and handrails adjacent to the new footpath/steps.

 

The details/specifications are to be approved by Council’s Coordinator Engineering Services (Stephen Audet – 9399 0906) and any relevant approval fees are to be paid by the applicant.

 

      Tree Management

43.      Despite the three mature Howea fosteriana (Kentia Palms) in the rear yard, in the northeast corner of the site being shown for retention on some plans, this will not be possible given a combination of the major changes in level that are proposed in this same area, as well as damage that would be caused during construction of the new boundary retaining wall along both the eastern and northern site boundaries as has been shown, with approval granted for their removal, subject to implementation of the approved Landscape Plan, which includes the requirement for replacement in their place and amendments required in condition 2.

 

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

44.      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

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)  Construct a new concrete vehicular crossing with gutterbridge and traffic island, upstream from the vehicular crossing including any asphalt road reknit and any other works deemed necessary by Council’s Coordinator Engineering Services. The works are to be to Council’s specifications and requirements.

b)  Reconstruct Council’s footpath, with stairs, handrail and any other associated works required to suit the new garage entrance to the site. The works are to be to Council’s specifications and requirements.

 

47.      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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

Landscaping

51.      Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16, and any relevant conditions of consent.

 

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

 

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

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of premises

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

 

55.      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. 

 

External Lighting

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

 

Plant & Equipment

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

 

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

 

Air Conditioners

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

 

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

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

A3       Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A4       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.

A5       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.

 

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     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).

 

A12     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.

 

A13     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.

 

A14     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.

 

A15     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.

4 Neptune Street, Coogee (DA/107/2016)

 

2.

DA Compliance Report -  4 Neptune Street, COOGEE 

 

 

 

 


4 Neptune Street, Coogee (DA/107/2016)

Attachment 1

 

 


DA Compliance Report -  4 Neptune Street, COOGEE

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/107/2016

PROPERTY:     

 

4 Neptune Street, COOGEE  NSW  2034

Proposal:

Demolition of existing dwelling, construction of new 3 storey dwelling with garage to front and associated works (variation to height control).

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.      SEPPs

 

1.1   State Environmental Planning Policy No. 55 – Remediation of Land

 

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. To assist in considering these matters, the SEPP requires consideration of a report on a preliminary investigation where a rezoning/development allows a change of use that may increase the risk to health or the environment from contamination.

 

A preliminary contamination assessment report was not provided, however it is not considered that the premises has been used for any potentially contaminating activities. Although it is considered that the site could be made suitable for the proposed development, further assessment of the entire site would be required relating to soil and groundwater contamination.

 

1.2     State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The applicant has submitted a BASIX certificate. The plans have been checked with regard to this certificate and they are consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX.

 

2.      Randwick LEP 2012

 

The subject site is zoned R3 under Randwick LEP 2012. The proposal development is classified as a dwelling and is permissible in the zone. The zoning objectives are addressed in the Executive Council report.

 

The relevant Clauses of RLEP 2012 apply to the proposal are addressed in the executive Council report.

3.      Randwick Comprehensive DCP

 

3.1     C1 Table:  Low Density Residential

 

Randwick Development Control Plan

 

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

 

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

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning = R3

 

2

Site planning

 

 

2.3

Site coverage

 

Up to 300 sqm = 60%

 

Proposed = 54%

Yes

2.4

Landscaping and permeable surfaces

 

i)     Up to 300 sqm = 20%

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.

Proposed = 20%

Yes

2.5

Private open space (POS)

 

Dwelling & Semi-Detached POS

 

 

 

Up to 300 sqm = 5m x 5m

Proposed = greater than the minimum

Yes

3

Building envelope

3.1

Floor space ratio LEP 2012 = no maximum

0.72:1

See executive summary report

3.2

Building height

 

 

 

Maximum overall height LEP 2012  = 9.5m

Proposed = 11.035m

No, see executive summary report

 

i)   Minimum floor to ceiling height = 2.7m

ii)   Sloping sites = 8m

iii)  Merit assessment if exceeded

Proposed = 10.655m

No, see executive summary report

3.3

Setbacks

3.3.1

Front setbacks

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

 

Proposed = consistent with existing setback and average setback of adjoining.

A greater front setback would be detrimental to the views attained from No. 2 Neptune and also result in greater shadow impacts on neighbouring properties.

3.3.2

Side setbacks:

Dwellings:

·     Frontage over 12m = 1200mm (Gnd & 1st floor), 1500mm above.

 

Refer to 6.3 and 7.4 for parking facilities and outbuildings

Proposed = 1.2m

Yes

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.

 

Proposed = 5.6m;greater setbacks at ground and first floor level

Yes

4

Building design

4.1

General

 

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

·   articulated to enhance streetscape

·   stepping building on sloping site,

·   no side elevation greater than 12m

·   encourage innovative design

 

Yes

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.

Well-designed development as amended.

Yes

4.5

Colours, Materials and Finishes

 

i)   Schedule of materials and finishes

ii)   Finishing is durable and non-reflective.

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

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

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

vi)  recycled and re-use sandstone

(See also section 8.3 foreshore area.)

 

Yes

4.6

Earthworks

 

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

ii)   minimum 900mm side and rear setback

iii)  Step retaining walls

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

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

vi)  cut and fill for POS is terraced

where site has significant slope:

vii) adopt a split-level design

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

Proposed = excavation and fill occurs along the side boundaries within 900mm.

No, however the level of excavation and fill can be adequately managed with conditions of consent.

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.

 

Yes

 

Solar access to neighbouring development:

 

 

 

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

iv)  POS (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.

 

Yes

5.2

Energy Efficiency and Natural Ventilation

 

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

·     Skylights (ventilated)

·     Clerestory windows

·     Fanlights above doorways

·     Highlight windows in internal partition walls

·     living rooms contain windows and doors opening to outdoor areas

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

BSAIX certificate submitted.

Yes

5.3

Visual Privacy

 

Windows

 

 

 

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

-    windows are offset or staggered

-    minimum 1600mm window sills

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

-    Install fixed privacy screens to windows.

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

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

Some views from all levels of the development into the rear yards of No. 188 and 190 Beach Street.

 

 

See key issues section of executive Council report.

 

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.

 

See key issues section of executive Council report

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.

 

Yes

5.5

Safety and Security

 

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

ii)   Street numbering at front near entry.

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

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

 

Yes

5.6

View Sharing

 

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

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

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

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

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

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

(certified height poles used)

 

See executive summary report

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)

 

No, see executive summary report.

6.2

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

 

i)   - An uncovered single car space

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

-    Landscaping incorporated in site frontage

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

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

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

-    no alternative or feasible location

-    Significant slope down to street level

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

-    does not pose risk to pedestrian safety and

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

 

No, however the proposed garage is set below the main dwelling and alongside another garage on the site to the east. The proposed location of the garage will not detract from the streetscape character and will not result in any amenity impacts on the neighbouring properties.

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 porposed garage is considered to appropriately sited –see also comments made above.

6.4

Driveway Configuration

 

Maximum driveway width:

-    Single driveway – 3m

-    Double driveway – 5m

Must taper driveway width at street boundary and at property boundary

 

 

Conditioned.

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

 

Satisfactory

7

Fencing and Ancillary Development

7.1

General - Fencing

 

i)   Use durable materials

ii)   sandstone not rendered or painted

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

iv)  Avoid expansive surfaces of blank rendered masonry to street

 

Yes

7.2

Front Fencing

 

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

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

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

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

-    Site faces arterial road

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

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

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

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

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

vii) Gates must not open over public land.

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

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

 

Yes

7.3

Side and rear fencing

 

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

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

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

iv)  Both sides treated and finished.

The side fencing will impinge on the maximum 2.2m due to the substantial difference in ground level. As such a condition is included requiring the fence to be a maximum of 1.6m in height to ensure reasonable privacy protection without any substantial increase above the existing fence which is around 1.5m above existing ground levels.

Satisfactory

 

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.

 

Conditioned noise

8

Area Specific Controls

8.3

Foreshore Scenic Protection Area

 

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

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

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

iv)  Must not use high reflective glass

v)  Use durable materials suited to coast

vi)  Use appropriate plant species

vii) Provide deep soil areas around buildings

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

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

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

The proposed development is modern in design and will contribute to the foreshore scenic protection area. A condition is included requiring the materials sample board to be submitted to Council for approval prior to a CC being issued for the development.

Conditioned.

 

4.      79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012.

The site is zoned R3 medium Density residential under RLEP 2012 and the proposal is for low density residential development and is permissible with Council's consent.

The proposal as amended and conditioned is considered to compliment the aesthetic character, environmental qualities and social amenity of the locality.

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

None applicable

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

Refer to the Executive Summary and compliance reports for details.

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

None applicable

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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.

 

5.      Referral Comments

 

Development engineer and landscape officer

 

An application has been received for construction of a new dwelling at the above site.

 

This report is based on the following plans and documentation:

·     Architectural Plans by MCK Architects dated 28/1/2016;

·     Statement of Environmental Effects by City Plan Services;

·     Detail & Level Survey by A B Stephens & Assoc;

·     Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16.

 

Council Driveway Comments

MCK Architecture (Jarad Grice) has had earlier correspondence (June 2015) with Council’s Coordinator Engineering Services (Stephen Audet) prior to lodging the development application in relation to Council driveway design. It was agreed that the driveway for the development would need a gutter bridge design similar to the adjoining property. Development Engineering has included conditions which require the design of the gutter bridge to be carried out by the applicant to Council’s satisfaction.

 

Parking Comments

The existing dwelling currently has no-off street parking Under Part B7 of Council’s DCP 2013 the proposed 3 bedroom residence is required to provide a minimum of 2 off-street car spaces. The existing site currently has no off-street parking so the provision of only 1 off-street car space for the proposed development is considered acceptable in this situation.

 

 

Landscape Comments

The inspection of 1 September 2016 revealed a row of mature native trees on the planted verge across the full width of this site, which provide the occupants with privacy and amenity, and comprise from east to west, a 4m tall Callistemon viminalis (Bottlebrush), a 4m tall Callistemon salignus (Willow Bottlebrush), then two 4-5m tall Banksia serrata (Saw Toothed Banksia’s).

 

They are all in good health and good condition (despite the Banksia’s being recently topped away from the overhead wires), and are also covered by Council’s DCP.

 

While there is currently no off-street parking at this site, the plans show that a new crossing and garage will be built along the eastern boundary, in direct conflict with the most eastern tree, the Bottlebrush, but given its small size, no objections are raised to its removal as has been shown, wholly at the applicants cost, with relevant conditions provided.

 

While the plans show the Willow Bottlebrush just to its west as remaining, the western edge of the new crossing will finish only 1400mm from its trunk, which would result in an incursion of its TPZ, and possibly its more critical SRZ as well, which would affect its health and stability as this would be performed on the tensile side of its root plate, which is the side that would be exposed to strong coastal winds.

Due to the slope of the land down to the east, Council’s Engineers have required that ground/footpath levels be lowered by almost 1 metre (41.08 to RL40.15 at the western edge of the garage opening) so as to provide suitable access and transitions for vehicles, with additional civil works including new public steps to be constructed as well, all of which have the potential to damage its root system.

 

It is also important to note that this specimen is only about half of its mature dimensions at this point in time, so will only increase in size, with the need to provide a clear, unobstructed line of sight of approaching vehicles from the west also an important safety consideration at this location, and for these reasons, conditions require its removal.

 

The two Banksia’s further to the west are sited well clear of all external civil works, so would not be directly affected, with conditions not required.

 

In the rear yard, right in the northeast corner of the site, there is a stand of three mature, 6-10m tall Howea fosteriana (Kentia Palms) of good health and condition, which while not significant, are a desirable native feature species which are also covered by the DCP, and are the only established vegetation within the site.

 

The ground level slopes down towards these palms, with the existing sleeper retaining wall that runs parallel to the eastern and northern site boundaries, directly adjacent their trunks, observed to be failing.

 

While the Landscape Plans show their retention, the Lower Ground Floor architectural plan (DA10) & Section AA (DA30) show that in order to provide a level area of private open space, as well as to match in with the other works that are proposed for the reconfigured rear yard, existing ground levels will need to be raised by at least 800mm (37.10 to RL 37.90)

 

In addition, a new masonry wall/fence is also proposed around the perimeter of the rear yard, with the required excavations for footings to result in major root damage given its close proximity, so on this basis, their retention will not be possible if works proceeded as shown.

 

A re-design of the whole northeast corner would be required to retain these palms, but as they are not significant examples of the species, conditions allow their removal in thi scase, subject to replacement native palms being provided in their place as part of the new landscape scheme.

 

Undergrounding of power lines to site

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

 

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

 

The subject is not located within 15m of a power pole on the same side of the street hence the above clause is not applicable.

 

6.      DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA00 Rev B

MCK Architects

16/6/16

20 June 2016

DA10 Rev B

16/6/16

20 June 2016

DA11 Rev B

16/6/16

20 June 2016

DA12 Rev B

16/6/16

20 June 2016

DA13 Rev B

16/6/16

20 June 2016

DA20 Rev B

16/6/16

20 June 2016

DA21 Rev B

16/6/16

20 June 2016

DA22 Rev B

16/6/16

20 June 2016

DA23 Rev B

16/6/16

20 June 2016

DA30 Rev B

16/6/16

20 June 2016

DA31 Rev B

16/6/16

20 June 2016

DA32 Rev B

16/6/16

20 June 2016

L01 Issue E

Amber Road

03.02.2016

25 February 2016

L02 Issue C

03.02.2016

25 February 2016

L03 Issue C

03.02.2016

25 February 2016

 

BASIX Certificate No.

Dated

Received by Council

697226S

01 February 2016

25 February 2016

 

Amendment of Plans & Documentation

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

 

a.     The rear setback of the ground floor level and first floor level (including blade walls) shall be increased by 850mm. This condition has been included in order to ensure a greater retention of views from the ground level living room window of No. 2-2A Neptune Street. This condition will require removal of blade walls and potentially reduction of internal depth of rooms and void area.

 

b.     The lower level east facing living room window shall be treated with obscured glazing up to a minimum height of 1m above the internal floor level.

 

c.      The ground level east facing day room window shall be obscured to a height of 1.6m above the internal floor level, or alternatively, the windows (openings) are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

d.     A 1 metre wide planter shall be installed along the eastern side of the first floor day room balcony. Only low lying shrub planting shall be planted within this planter in order to ensure no appreciable impact on views from the living room window of No. 2-2A Neptune Street.

 

e.     Air conditioning equipment shall be located at lower ground level or within the garage and subject to compliance with associated acoustic privacy operational conditions.

 

f.      The rear ground level balcony shall be deleted from the development. 

 

g.     The Hibiscus tiliaceous ‘Rubra’ located on the garage roof shall be replaced with a species that doesn’t attain a height greater than 2-3m at maturity.

 

h.     The Howea forsteriana ‘Kentia Palm’s’ shall be replaced with a species that does not attain a height of more than 7-9.5m at maturity

 

i.      The Livistona australis ‘Cabbage Tree Palm’ shall be replaced with a species that does not attain a height of more than 7-9.5m at maturity.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

External materials, finishes and colours of the building are required to compliment natural elements in the coastal area (using light toned neutral hues), and use durable materials suited to coast. To limit the level of reflection and glare, any metal roof sheeting is to be pre-painted (e.g. Colourbond) and the reflectivity index of glass used in the external façade of the development must not exceed 20 percent.

 

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

Section 94A Development Contributions

4.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $2,193,734 the following applicable monetary levy must be paid to Council: $21,937.35.

 

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

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:

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

Eastern Side Pedestrian Gate Entrance – RL 40.10 AHD

Eastern Edge Garage Opening – RL 40.10 AHD

Western Edge Garage Opening – RL 40.15 AHD

Main Pedestrian Entrance – Match the existing Council footpath level

 

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

 

           Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

8.        The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $633.00 calculated at $52.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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 the Sydney Water Tap in™ online service, 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. 

 

The Sydney Water Tap in™ online service replaces the Quick Check Agents as of 30 November 2015

 

The Tap in™ service provides 24/7 access to a range of services, including:

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

·     Change to an existing service or asset, e.g. relocating or moving an asset.

 

Sydney Water’s Tap in™ in online service is available at:

https://www.sydneywater.com.au/SW/plumbing-building-developing/building/sydney-water-tap-in/index.htm

 

The Principal Certifying Authority must ensure that the developer/owner has submitted the approved plans to Sydney Water Tap in online service.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

b)      The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit/s which drain/s to Council’s kerb and gutter directly in front of the site and/or to a suitably designed infiltration area having a minimum base area of 5m²,

 

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

 

Should the site or ground conditions preclude the construction of an infiltration pit (i.e. due to rock being located within 300mm of the base of the infiltration area), an infiltration pit need not be provided and the stormwater is to be discharged directly to the kerb and gutter via a sediment/silt arrestor pit.

 

d)     Should a charged system be required to drain any portion of the site, the charged system must be designed such that;

 

i. There are suitable clear-outs/inspection points at pipe bends and junctions.

 

ii.  The maximum amount of head within the charged line does not exceed 1m in depth

 

e)      Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line and must not encroach across a neighbouring property’s frontage unless approved in writing by Council’s Development Engineering Coordinator.

 

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

 

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

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

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

·      A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·      A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

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

·      A sign adjacent to this pit stating that:

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

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

 

13.      The Infiltration area is required to be constructed generally in accordance with the following requirements:-

 

Provision of a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaped area).

Located a minimum of 3.0 metres from any structures (note: this set back requirement may not be necessary if a structural engineer or other suitably qualified person certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

Having a minimum base infiltration area of 5.0 m2 with a suitable means of dispersing stormwater over the area of infiltration.

 

Landscape Plans

14.      The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16 unless otherwise required to be amended by condition No. 2.

 

Street Tree Management

15.      The applicant must submit a payment of $756.25 (incl GST) to cover the following costs:

 

a.        For Council to remove, stump-grind and dispose of the two street trees from the Neptune Street verge, being from east to west, the Callistemon viminalis (Bottlebrush) and a Callistemon salignus (Willow Bottlebrush) so as to accommodate the new vehicle crossing, internal garage, changes to existing ground levels, new pedestrian steps and associated works in this same area as shown, as well as to ensure that a clear, unobstructed line of sight of approaching vehicles from the west is provided.

 

b.  For Council to supply, plant and maintain 1 x 25 litre replacement native coastal street tree elsewhere in the immediate area.

 

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

 

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

 

After this, any further enquiries regarding scheduling/timing or completion of works are to be directed to Council’s North Area Tree Preservation & Maintenance Coordinator on 9399-0858.

 

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

16.      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.

 

Driveway Design

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

 

BASIX Requirements

18.      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.

 

An amended BASIX certificate must be consistent with the plans referenced in Condition 1 of this determination and a copy shall be submitted to Council and the Principal Certifying Authority prior to an occupation certificate being issued for the development.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Certification, PCA & other Requirements

19.      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

20.      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

21.      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

22.      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

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 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

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 demolition/building materials

·         Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Demolition & Construction Waste

25.      A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development.

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

Landscape Plan

28.      The Certifying Authority/PCA must ensure that the Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16 are amended to include the provision of three replacement native palms in the rear yard, around the northeast corner of the site, and are to be a minimum 100 litre pot/bag size at the time of planting.

 

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

29.      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

30.      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

31.      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

32.      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

33.      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

34.      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

35.      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

36.      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.

 

37.      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.

 

38.      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

39.      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

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

 

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

 

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

 

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

 

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

 

        Council Driveway Design

41.      The applicant is to arrange for their own suitably qualified Engineer to submit to Council design details/specifications for the works to be carried out on Council’s footpath and roadway, this shall include but not limited to the following:

 

§ Gutterbridge design with concrete crossing. (The concrete crossing is to be a maximum 3.00m wide taken from the eastern opening of the garage)

§ New footpath and step design.

§ Traffic island design, upstream from Council driveway.

§ Associated road reknit and any other works determined by Council’s Coordinator Engineering Services.

§ Any retaining walls and handrails adjacent to the new footpath/steps.

 

The details/specifications are to be approved by Council’s Coordinator Engineering Services (Stephen Audet – 9399 0906) and any relevant approval fees are to be paid by the applicant.

 

      Tree Management

42.      Despite the three mature Howea fosteriana (Kentia Palms) in the rear yard, in the northeast corner of the site being shown for retention on some plans, this will not be possible given a combination of the major changes in level that are proposed in this same area, as well as damage that would be caused during construction of the new boundary retaining wall along both the eastern and northern site boundaries as has been shown, with approval granted for their removal, subject to implementation of the approved Landscape Plan, which includes the requirement for replacement in their place and amendments required in condition 2.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)  Construct a new concrete vehicular crossing with gutterbridge and traffic island, upstream from the vehicular crossing including any asphalt road reknit and any other works deemed necessary by Council’s Coordinator Engineering Services. The works are to be to Council’s specifications and requirements.

a)  Reconstruct Council’s footpath, with stairs, handrail and any other associated works required to suit the new garage entrance to the site. The works are to be to Council’s specifications and requirements.

 

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

 

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

 

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

 

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

 

b)      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.

 

c)      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.

 

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

 

 

Stormwater Drainage

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

 

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

 

Landscaping

50.      Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Landscape Plans by Amber Road, dwg L01-02, Issue E, dated 03.02.16, and any relevant conditions of consent.

 

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

 

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

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of premises

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. 

 

External Lighting

55.      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

56.      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

57.      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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

 

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

 

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

 

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

A3       Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A4       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.

A5       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.

 

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     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).

 

A12     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.

 

A13     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.

 

A14     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.

 

A15     Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

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



Planning Committee                                                                                                     8 November 2016

 

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Development Application Report No. D95/16

 

Subject:              341 Bunnerong Road, Maroubra (DA/701/2016)

Folder No:                DA/701/2016

Author:                     Willana Associates, Pty Ltd     

 

Proposal:                  Alterations and additions to existing outbuilding and conversion to secondary dwelling.

Ward:                        Central Ward

Applicant:                Mr C T Matthews

Owner:                     Mr C T Matthews & Mrs C Matthews

Summary

Recommendation:   Approval

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Subject Site

 

 

 

 

Submissions received

 

 

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North

 

Locality Plan

 

Development Application Executive summary report

 

The application was assessed by Willana Associates and referred to the Planning Committee for assessment as the owner of the property has a close personal relationship with a Randwick City Councillor.

 

Proposal

 

The proposal is for alterations and additions to an existing outbuilding within rear yard area and conversion of the outbuilding to a secondary dwelling. The total floor area of the proposed secondary dwelling is approximately 52m2.

 

Site

 

The site is known as 341 Bunnerong Road, Maroubra. Its legal description is Lot A in DP 420516. The site has an east to west orientation with an existing single storey cement rendered semi-detached cottage occupying the common southern boundary together with a car space in the front yard. Within the rear yard exists a weatherboard shed and separate small metal shed structure close to the rear boundary (as depicted on the survey plan submitted with the application and dated 19 August 2016).

 

Image 1: Subject site

 

The site is irregular in shape. It has a frontage of 8.86m and an overall depth of 45.42m (northern boundary). The total site area is 334.4m2. The site has a fall from the front (west) to the rear (east) of the site.

 

The site is located on the eastern side of Bunnerong Road between Kingsford Street and Cobham Street at Maroubra. The Site is some 200m north-east of the popular Eastgardens Shopping Centre. To the east is the large scale Meriton residential redevelopment of the former British American Tabacco Australia site. Properties to the east are under Bayside City Council’s (former Botany Bay Council) jurisdiction. To the west are residential properties mainly comprising of single and two storey dwelling houses. The site is conveniently located and very accessible,  within close proximity to a wide variety of services and facilities including Heffron park and associated local schools.

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. No submissions have been received.

 

Key Issues

 

 

Site area

Division 2, Clause 22(4) of the State Environmental Planning Policy (Affordable Housing) 2009 states that the consent authority must not refuse consent to development if the secondary dwelling is located within, or is attached to, the principal dwelling or the site area is at least 450sqm and no additional parking is provided on site.

 

Given that the site area is less than the preferred 450sqm (or greater) area that is stipulated in the Affordable Housing SEPP the non-compliance needs to be considered and assessed on its merits. Clause 22(5) of the Affordable SEPP states that “a consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4)”. The proposed floor space of 0.37:1 is well within the maximum FSR control (0.75:1) stipulated by the Randwick Local Environmental Plan 2012 (RLEP), the proposal is also small scale and single storey in form and will not be visible from the front of the property as it will be predominantly screened by the main dwelling house.

 

The property currently includes outbuildings of a similar scale and adjoining properties also have similar separate structures at the rear (i.e 343 Bunnerong Road) so the proposed development is not inconsistent with the established building form. The site is well located within close proximity to Eastgardens Shopping Centre and is very accessible with regular public transport services along Bunnerong Road to the CBD and surrounding suburbs.

 

The design and location of the secondary dwelling will retain sufficient areas of open space. Currently there is a large rear deck and associated soft landscaped area adjoining the semi at the rear most of which will be retained. There is no change proposed to the private front yard area.

 

The design, size and layout of the proposed secondary dwelling is considered acceptable and will not create any unreasonable amenity impacts.

 

Setbacks

Part C1, 3.3 of the Randwick Development Control Plan 2013 outlines the minimum setback requirements for proposals. The minimum side setback required at the ground floor level is 900mm.

 

The proposed secondary dwelling satisfies Council’s setback control along the northern side being setback 900mm. Along the southern side the existing outbuilding is setback some 440mm from the common boundary. The new addition is setback 900mm however the small recessed entry is only setback 440mm which is in line with the existing structure. Given that all the new building work is setback 900mm the entry area is not habitable and will not create any adverse amenity impacts (no additional bulk, overlooking or overshadowing) to the adjoining, southern neighbour. The proposed development will be generally in keeping and in line with the scale, form and location of a similar single storey outbuilding at No.343 Bunnerong Road.

 

The structure is setback between 2.750m and 4m from the rear boundary. The existing rear outbuilding is setback about 5m. The new structure is in keeping with other similar rear outbuildings and sheds which are scattered within the rear yards of adjoining properties. This form of development at the rear and its siting is not uncommon. The rear setback is considered to be satisfactory as the secondary dwelling is stepped in form and maintains adequate separation between the main dwelling at the rear (26 Cobham Street) and their main living areas.

 

It is not expected that the proposal will lead to any adverse impacts on neighbouring properties.

 

Height

Part C1, section 7.4 relates to general planning controls and provisions for outbuildings. Subsection (iv) states that “Except for laneway development, outbuildings must be single storey only, and must not exceed a maximum height of 3.6m and a wall height of 2.4m”.

 

The proposed secondary dwelling is single storey and includes a flat roof to reduce the bulk and scale of the structure. It has an overall height of between 3.05m to 3.25m at the highest point. The proposal is well within the required overall height of 3.6m however the DCP requires that the wall height of the building is to have a maximum of 2.4m. The maximum external wall height is between 2.9m and 3.1m which exceeds this control. It is very difficult to achieve a 2.4m wall height as this generally does not take into account a roof slab that is required for insulation and any associated electrical services. The internal floor to ceiling height of the structure is 2.4m which is at the minimum for habitable spaces in accordance with the BCA.

 

The floor to ceiling height could be reduced but this would severely limit and restrict the internal amenity of the dwelling. This is after all a small dwelling with a floor space of some 52sqm and it is important that the general liveability and internal amenity that is to be provided is at an acceptable level. Given that the structure is setback 900mm from the side boundaries and between 2.75m – 4m from the rear there is a reasonable degree of physical separation from surrounding developments and the existing 1.8m boundary fences will assist in screening much of the structure.

 

By way of the design and layout of the structure it is unlikely that the development will be highly visible or a dominating structure. It should generally blend in with the character of development in the street and adjoining sites, many of which have similar outbuildings and ancillary structures.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 701/2016 for alterations and additions to an existing outbuilding and conversion to secondary dwelling, at No. 341 Bunnerong Road, Maroubra subject to the following standard conditions and non-standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Stormwater drainage

10.      Should stormwater be discharged to Council’s underground drainage line located within the 3.05m wide drainage easement the design of the proposed connection point must be approved by Council’s Development Engineers prior to the issuing of a construction certificate. Inspection of the completed connection point must also be undertaken by Council’s Engineers prior to an occupation certificate being issued.

 

Flooding

11.      To minimise the potential for flooding, plans submitted for the construction certificate shall demonstrate compliance with the following requirements/amendments:

 

a)  The secondary dwelling must be constructed as a slab on piers as indicated on the approved plans.

 

b)  The proposed floor level must not be lower than indicated on the approved plans without the prior consent of the Council

 

c)  Natural Surface levels must not be raised in the vicinity of the proposed development.

 

d)  The area underneath the floor slab must not be enclosed or used for the storage of goods.

 

Footings adjacent to drainage easements.

12.      All proposed footings located adjacent to the existing drainage easement shall either be:

A.        Founded on rock, or;

B.        Extend below a 30 degrees line taken from the level of the pipe invert at the edge of the drainage easement (angle of repose).

Structural details demonstrating compliance with this condition shall be submitted with the construction certificate application.

Footings adjacent to drainage easements

30.      Any footings adjacent to the drainage easement/s must be inspected by the applicant's engineer to ensure that these footings are either founded on rock or extend below the "angle of repose”. Documentary evidence of compliance with this condition is to be submitted to certifying authority, prior to proceeding to the subsequent stages of construction.

 

Overland Flow Path

36.      A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the area underneath the ground floor slab shall not be enclosed or used for the storage of goods and there shall be no change to natural surface levels. This is to ensure any overland flow path is maintained through the subject property. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

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

 

Stormwater Drainage

37.      The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

NOTE:   If connecting to Council’s underground drainage pipe within the 3.05m wide drainage easement, inspection of the completed connection point must be undertaken by Council’s Engineers prior to an occupation certificate being issued.

 

Attachment/s:

 

1.

DACompliance Report - 341 Bunnerong Road, MAROUBRA

Included under separate cover

 

 

 


Planning Committee                                                                                                     8 November 2016

 

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Development Application Report No. D96/16

 

Subject:              5-7 Stark Street, Coogee (DA/189/2016)

Folder No:                DA/189/2016

Author:                     Jonathan Blackmore, Environmental Planning Officer     

 

Proposal:                  Demolition of the existing structures, construction of a part 3/part 4 storey residential flat building containing 11 dwellings, semi-basement car parking for 20 vehicles, landscaping, strata subdivision and associated works (variation to floor space ratio control).

Ward:                        East Ward

Applicant:                MHN Design Union

Owner:                     Mr N B Bransby and Mrs M Bransby

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions Received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive Summary Report

 

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

 

Proposal

 

The applicant proposes to demolish the existing dwelling houses on site, including the associated structures and construct a part 3/part 4 storey residential flat building containing 11 dwellings and semi-basement car parking for 20 vehicles, associated  landscaping and site works, boundary fencing and strata subdivision.

 

Application Revisions

 

The applicant made the following revisions to address issues raised by the development engineering and the Design Review Panel:

1.   Amend the ramp access to the basement to address the Engineer’s concerns.

2.   More details were added to the basement to show the aisle width and the size of parking spaces.

3.   Visitor spaces are noted on the drawings for clarity.

4.   The front butterfly roof amended and simplified to a flat concrete roof on the northern side and steps up at south to accommodate a larger clerestory window of 900mm high, as suggested by the DRP.

5.   Change the external materials of the upper level to black cladding.

6.   Delete the entry dividing walls between the upper floors.

7.   Add an additional east facing window to unit 1.04.

8.   Additional Sections, North Elevation 02 and South Elevation 02 were provided to show the windows and doors hidden behind the boundary walls.

9.   The applicant provided a revised “GFA Calculations” plan which revised the landscaped areas (removed undercroft and green roof spaces) and correctly showed communal open spaces.

 

Site

 

The subject sites adjoin each other and are located on the southern side of Stark Street. The rear of the sites adjoin a vegetated park/reserve area once utilised as a tramway. The sites along Stark Street contain a variety of residential flat building style development. The single dwellings on each of the subject sites are some of the last in the street. Both sites slope up from their front boundaries towards their rear boundaries. 

Figure 1. Photograph of the frontages of the subject sites.

 

Key Issues

 

Floor Space Ratio – Clause 4.6 Exception

The proposal seeks to vary a development standard contained within the Randwick Local Environmental Plan 2012 (RLEP 2012). A Clause 4.6 exception has been submitted to Council.

 

Pursuant to Clause 4.4 of the RLEP 2012, the floor space ratio of the building must not be more than 0.9:1 on the site. A floor space ratio of 0.98:1 is proposed.

 

The proposed variation is summarised in the table below:

 

 

Floor Space Ratio

Development standard

0.9:1

Proposal

0.98:1

Excess above the standard

0.08:1 or 8.9%

 

The applicant has submitted a written request seeking to justify the contravention of the standard pursuant to Clause 4.6 of RLEP 2012: Exception to a Development Standard.

 

Clause 4.6 RLEP Request to Vary Development Standard

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

 

Assessment Against the Applicant’s Written Justifications for the Contravention of the Development Standard

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

 

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

 

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

 

In relation to the matters required to be demonstrated by sub clause (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 stated objectives of the RLEP which apply to floor space ratio are:

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

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

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

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

 

The applicant’s written justifications outline the following arguments for departure from the standard:

 

In order to assess whether strict compliance with the development standard unreasonable or unnecessary in this particular case, the proposal is considered against the five ways of demonstrating that compliance with a development standard is unreasonable or unnecessary, as set out by Preston CJ in Wehbe v Pittwater Council [2007] NSWLEC 827.

 

These five ways have recently been re-emphasised in the Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 cases, by Commission Morris in Mecone Pty Limited v Waverley Council [2015] NSWLEC 1312 and by Commissioner Tuor in Moskovich v Waverley Council [2016] NSWLEC 1015.

 

This approach has recently been upheld in the case of Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386. An appeal on a point of law against this decision by Randwick Council was dismissed by Commissioner Morris on 19 February 2016: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7

 

It is noted that each ‘test’ offers a potential way of demonstrating that compliance is unnecessary or unreasonable in a particular circumstance. All tests are separate and not all tests may not be applicable in each case. Therefore not all tests need to be met.

 

1. The objectives of the development standard are achieved notwithstanding non-compliance with the standard:

 

In this case the objectives of the development standard are met as follows:

 

Objective (a) requires the size and scale of development to be compatible with the desired future character of the locality. In this case the building has been designed to ‘fit’ in between the two existing residential flat developments on either side and to respond in scale to the recently constructed development opposite the site. In this regard the proposal is predominately lower than the residential flat building at no. 3. The building complies with the height limit and addresses both street frontages.

 

A building that fully complied with FSR would either be:

 

(a) lower and would therefore not relate to the immediately adjoining buildings including those recently constructed which represent the desired future character of the locality;

 

(b) un-responsive to its dual frontage site and rising topography. Because the site rises from the street, the basement level is virtually at grade fronting Stark Street. Introducing floor space at this level in front of the car park ensures an appropriate relationship with the public domain via a ground level address to the street. It also enables floor space at the rear, fronting Greenway Reserve, again, activating the

building’s response to this open space. To comply with FSR would remove these ground level areas resulting in a development that would not respond to its frontages at ground level, failing to provide optimum passive surveillance, contrary to CPTED guidelines.

 

Objective (b) requires that buildings are well articulated and respond to environmental and energy needs. The building is heavily articulated on all sides and in the centre of the site both to present a contemporary and interesting architectural expression, and also to respond to the site’s orientation to maximise northern light into the rear unit building. The articulated two pavilion stepped design of the building responds to the site and maximises the energy efficiency of the building in terms of cross ventilation and sunlight. 

 

Objective (c) is not appropriate to this location, The nearest Heritage Item is the school at the eastern end of the street and the proposal would have no adverse impact on that item given its scale and location.

 

Objective (d) seeks to preserve environmental amenity in terms of visual bulk, loss of privacy, overshadowing and views. It has been demonstrated in the SEE that all SEPP 65 and Randwick DCP requirements in terms of privacy, overshadowing and views have been complied with and the proposal would result in no adverse amenity impacts on adjoining properties. The additional floor space being sought is at street level to better integrate the building with the public domain: this location has no

impact on adjoining properties.

 

It has been demonstrated that there would be no adverse overshadowing of adjoining properties and acoustic and visual privacy, having regard to Council’s DCP requirements. 

 

The proposal will also have no adverse impact on views from any adjoining properties.

 

2. The underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary:

 

Not applicable in this instance.

 

3. The underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable:

 

As stated above strict compliance with the control would not comply with the underlying purpose of the control, particularly Objective (a). This is because a building that fully complied with FSR would either be:

 

(a) lower and would therefore not relate to the immediately adjoining buildings which represent the desired future character of the locality;

 

(b) not responsive to its dual frontage site and rising topography, resulting in a development that would not respond to its frontages at ground level, failing to ensure an appropriate relationship with the public domain or to  provide optimum passive surveillance, contrary to CPTED guidelines.

 

4. The development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard;

 

Not applicable in this instance; the development standards of height and FSR cover a wide area and whilst they are not appropriate to this site they are appropriate to other sites elsewhere in the locality. There are numerous instances where consents departing from the standard have been approved and others where the standard have been upheld. This is more an indication of the inappropriateness of particular standards to some sites rather than a comment on Council’s actions.

 

5. The zoning of particular land was unreasonable or inappropriate so that a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to the land.

 

As noted above the character of the area is of medium and high density multiunit housing and some remaining single dwelling houses.

 

The zoning of this site is not considered to be inappropriate. The FSR control applicable to this particular site is however considered to be inappropriate, given the arguments advanced above.

 

6. How would strict compliance hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act? 

 

Compliance with the standard would hinder the attainment of the objects of section 5(a)(i) and (ii) of the Act, which are to encourage development that promotes the social and economic welfare of the community and a better environment, and to promote and coordinate orderly and economic use and development of land. 

 

The proposal satisfies the zone and development standard objectives and therefore strict compliance with the standard is not required in order to achieve compliance with the objectives. 

 

Strict compliance would result in an inflexible application of policy. It does not

serve any purpose that should outweigh the positive outcomes of the development and therefore a better planning outcome overall. 

 

The proposed development is consistent with the provisions of orderly and economic development of land, in that it proposes to provide quality new housing, in an appropriate mix and in a manner which meets the objectives of applicable controls and at the same time. This new residential accommodation over its economic life is consistent with the promotion and coordination of the orderly use and development of land. 

 

7. Is the development standard a performance based control? Give Details. 

 

The floor space ratio development standard is a performance based control as the control contains objectives to which compliance with the standard is targeted to achieve. 

 

8. Would strict compliance with the standard, in your particular case, be unreasonable or unnecessary? Why? 

 

As discussed above it is considered that strict compliance, in this particular case, would result in an inflexible application of policy given the capacity of the site to provide new high standard residential accommodation in an appropriate location. 

 

Strict compliance, in this particular case, does not serve any purpose that should outweigh the positive outcomes of the development. 

 

The proposed development is consistent with the provisions of orderly and economic development. 

 

9. Are there sufficient environmental planning grounds to justify contravening the development standard? Give details. 

 

In the circumstances of the case, there are sufficient planning grounds to justify contravening the development standard including: 

 

·     Provision of a building that relates to the immediately adjoining buildings including those recently constructed which represent the desired future character of the locality;

 

·     A building that is responsive to its dual frontage site and rising topography, resulting in a development that responds  to its two frontages at ground level, providing  an appropriate relationship with the public domain and optimum passive surveillance, in accordance with  CPTED guidelines.

 

·     Non-compliance with the standard does not contribute to adverse environmental impacts on neighbouring properties.

 

·     The proposed development achieves compliance with the relevant underlying objectives of the standard and the objectives of the zone.

 

The above is considered to represent sufficient environmental planning grounds to justify contravening the development standard and as such compliance with the development standard is unreasonable or unnecessary in the circumstances of this case. The resultant development will therefore be in the public interest.  

 

When considered alongside the lack of adverse environmental impacts arising from the additional FSR, overall a variation to the control would result in a better outcome in accordance with Clause 4.6 (b) of the LEP.

 

As such the proposal meets the assessment criteria set out in Clause 4.6 (3) (a) and (b) and (4) (a).

 

Conclusion 

 

This document has considered that there are more than sufficient environmental planning grounds to justify the variation on the basis that compliance with the standard would be unreasonable and unnecessary in the circumstances of this particular case. As demonstrated above, the proposed development will be in the public interest because it is consistent with the objectives of the FSR standard and the objectives of the R3 zone. 

 

In the context of other requirements of Clause 4.6, it is considered that no matters of State or regional planning significance are raised by the proposed development. Moreover, it is considered that there would be no public benefit in maintaining the particular planning control in question, in the case of this specific development. 

 

This submission is considered to adequately address the matters required by Clause 4.6 and demonstrates that compliance with the development standard would be unreasonable and unnecessary in the circumstances of this case. 

 

Despite the proposal’s non-compliance with the floor space ratio development standard, the proposed development is considered to meet the objectives of the standard and the objectives of the R3 zone. 

 

Assessing Officer’s Comments:

 

·         The proposed building is an appropriate response to the site and its constraints. The building is divided into two built forms which address both public realms adjoining the front and rear of the site, while providing greater solar access and cross ventilation for each unit within the buildings.

·         The building is partly below existing ground level, thereby minimising its visual bulk.

·         The overall height, bulk and scale of the proposed development are consistent with other residential flat buildings along the street. 

·         The proposal will provide sufficient and compliant communal open spaces, private open spaces and Deep Soil Permeable space. A comprehensive landscape plan has been proposed and vegetation, including proposed green roofs, will visually blend the building into the existing context.

·         It is considered that the proposal is not inconsistent with the objectives of the standard - the size and scale of proposal is compatible with the desired future character of the locality. Further, the height of the building will be comparable to buildings on either side and the proposal complies with the maximum building height standard of the RLEP 2012.

·         The proposed building complies with the solar access, view sharing, and visual privacy provisions of the RDCP 2013.

·         The proposed building features significant articulation along its side elevations, which will minimise the appearance of building bulk.

·         The proposal will not directly result in any significant adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, overshadowing and privacy.

 

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

The applicant’s written request has successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard. As discussed above, the proposal achieves the objectives of the Floor Space Ratio Standard (Clause 4.4 of the RLEP 2012), the size and scale of the proposal is compatible with the desired future character of the locality.

 

The proposed building is an appropriate response to the site and its constraints. The building is divided into two built forms which address both public realms adjoining the front and rear of the site, while providing for solar access and cross ventilation. The proposal will provide more than adequate communal open space, private open space and deep soil areas. A comprehensive landscaping plan is proposed and vegetation will blend the building into its surroundings. The proposal will not directly result in any significant adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, overshadowing and privacy.

 

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

Based on the above assessment, it is considered that the proposed development is consistent with the objectives of the floor space ratio standard of the RLEP 2012. The relevant objectives for development within the zone in which the development is proposed to be carried out (Zone R3 - Medium Density Residential) are:

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

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

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

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

·      To protect the amenity of residents.

·      To encourage housing affordability.

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

 

In respect of these objectives, the proposal is not inconsistent with the relevant zone objectives in that:

 

-      The size and scale of proposal is compatible with the desired future character of the locality and the proposal will comply with the maximum building height control of the RLEP 2012.

-      The amenity of residents in the vicinity and the broader context of the area will not be adversely impacted by the additional floor area. The proposal will not directly result in any significant adverse impacts on the adjoining residential properties or the adjoining reserve in terms of perceived bulk and scale, overshadowing and privacy.

-      The proposal will provide for the housing needs of the community.

 

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

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

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

 

Comments:

Pursuant to the Notification of assumed concurrence of the Director-General under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 08–003 (dated 9 May 2008)) the concurrence of the Director-General of the Department of Planning and Infrastructure under clause 4.6(4)(b) of RLEP 2012 may be assumed for the proposed contravention to the maximum floor space ratio control.

 

Variation from the adherence to the maximum floor space ratio control on this occasion is considered to be of benefit to the orderly use of the site and there is a no public benefit in maintaining the development standard in this instance.

 

The proposed development and variation from the control does not raise any matters of significance for State or regional environmental planning.

 

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:

5/90 Melody Street, Coogee

Issue

Comment

1. The height and rear setback of the proposal will significantly impact on the amenity of the public reserve to the south.

2. The two trees in the rear of the site should be preserved.

3. The proposal will overlook 90 Melody Street.

4. The height should be restricted so that “district views” from 90 Melody Street are not impacted.

1. The rear setback is consistent with existing development in the vicinity of the site.  The proposed building height does not exceed the RLEP 2012 requirement.  Solar access to the majority of the adjacent public reserve will be maintained. Refer to the key issues section of this report for further discussion.

2. The two trees have been assessed by the Council’s landscape officer as not being subject to protection by the Council’s tree protection order due to a combination of their size, being weed species or their location within 2m of the existing dwellings.

3. Due to significant separation distances (i.e. more than 2m), ground level changes and the proposed viewing angles, rear windows will not allow for significant overlooking of 90 Melody Street.  

4. Some view loss may occur, however the views are not of high value as they are of district views of the Coogee area, and are not of a significant built or landscaped feature, the coastline, or ocean. 

3/2 Stark Street, Coogee

Issue

Comment

1. The proposed driveway position should mirror that of 2 Stark Street for safe maneuvering onto and along the street.

 

1. The proposal will not result in an excessive amount of vehicle movements that will impede the safe operation of Stark Street. There are no safety benefits to be had aligning the driveway to mirror that of 2 Stark Street. 

 

9 Stark Street, Coogee

Issue

Comment

1. The proposal will overshadow the western side of the objector’s property.

2. The proposal will remove views of the general Coogee area from all units on the objector’s site.

3. The proposed eastern wall heights and setbacks will over dominate and overshadow the objector’s property.

4. The front setback is not consistent with the street.

5. The proposal will result in increased traffic congestion and parking difficulties on Stark Street.

1.  Due to the north-south orientation of the sites, and as shown on the submitted shadowing diagrams, the proposal will comply with the solar access requirements of the ADG as at least 2 hours of direct sunlight will reach objector’s living rooms, balconies and private open spaces. 

2.  Some view loss may occur, however the views are not of high value as they are of district views of the Coogee area, and are not of a significant built or landscaped feature, the coastline, or ocean.  Wall height and side setbacks are considered under the key issues discussion, below.

3.  The proposed front setback is consistent with existing buildings along the street.

4.  The proposal complies with the parking requirements of the RDCP 2013. Additional traffic is likely on Stark Street; however, the intent of the zone is to allow for medium density residential development, and the traffic generated will be modest.

 

Randwick Development Control Plan 2013

 

Landscaped Open Space – Sub-Section 2.2.1

A landscaped open space area of 49.9% is proposed. The RDCP 2013 requires that 50% of the site area to be as landscaped open space.

 

The proposed non-compliance is not inconsistent with the relevant objectives of the RDCP 2013 and will generate no significant adverse impacts in terms of onsite residential amenity, the residential amenity of adjoining sites or the character of the area. The level of non-compliance is of such a size that it will be indiscernible to the casual observer. The proposal will meet the communal open space, private open space and deep soil area requirements of the RDCP 2013 and ADG. A comprehensive landscape plan is proposed for the site that includes the adequate provision of vegetation and green roofs, which will blend the building into the surrounding context.

 

Side Setback – Sub-Section 3.4.2

The proposal provides side setback of between 3.05m and 4.71m from the western and eastern side boundaries. The RDCP 2013 requires the building to have a minimum side setback of 4m.

 

The proposed non-compliance is not inconsistent with the relevant objectives of the RDCP 2013 and will generate no significant adverse impacts in terms of the residential amenity of adjoining sites or the character of the area. The proposed side setback is generally consistent with the pattern of development along the street and will be comparable to, or greater than, existing buildings on the adjoining sites on either side. The building is divided into two built forms and will also feature significant articulation (see Fig. 2) to both side elevations - this will minimise the built bulk when viewed from adjoining sites and from public spaces. It is noted that significant portions of the side elevations will comply with the setback requirement due to the proposed articulation.

 

The proposal will comply with the solar access and privacy provisions of the RDCP 2013. Significant landscaping and vegetation is proposed along both side setback areas, which will provide partial screening of the building when viewed from the street and adjoining neighbours.     

 

Figure 2. Snapshot of the proposed third floor plan that shows built form articulation in relation to side boundaries.

 

Rear Setback – Sub-Section 3.4.3

The proposal provides setbacks of between 2.8m and 4.5m from the rear boundary. The RDCP 2013 requires the site to have a rear setback of 5.95m. It is noted that the plans incorrectly label a “front setback” to the rear of the site. This has not been relied upon for assessment purposes.

 

The proposed non-compliance is not inconsistent with the relevant objectives of the RDCP 2013 and will generate no significant adverse impacts in terms of the residential amenity of adjoining sites or the character of the area. The proposed rear setback is generally consistent with the rear setback of buildings on adjoining sites. The rear of the site will still have enough room for ground level private open spaces and landscaping and the proposal will comply with the solar access and privacy provisions of the RDCP 2013. The rear of the site adjoins a reserve area and the proposed setback will allow for interaction with the public realm and causal surveillance of the area. Further, the reserve has an approximate width of 20m, providing substantial separation distance from the closest dwellings to the south of the site – preserving their privacy.

 

External Wall Height – Sub-Section 4.4

The proposal has a maximum external wall height of up to 11.7m on both sides. The RDCP 2013 sets a maximum wall height of 10.5m for the site.

 

The proposed non-compliance is not inconsistent with the relevant objectives of the RDCP 2013 and will generate no significant adverse impacts in terms of the residential amenity of adjoining sites or the character of the area. The external wall height will not result in non-compliances with the solar access or visual privacy provisions of the RDCP 2013. The proposed non-compliance mainly results from the slope of the site and not from poor design. The proposed building features two built elements with adequate articulation on all elevations to minimise visual dominance in its setting. Therefore, the resulting built form will not be dominant in its setting. The proposal will comply with the overall building height standard of the RLEP 2012 and the overall height and form of the buildings are comparable to existing buildings and the desired future character along the southern side of Stark Street.

 

Retaining Wall Setback – Sub-Section 4.12

The proposal involves excavations up to the rear boundary and the erection of retaining walls. The RDCP 2013 requires retaining walls/excavations to have a minimum setback of 900mm setback from the side and rear boundaries.

 

The proposed non-compliance is considered to be consistent with the relevant objectives of the RDCP 2013 and will generate no significant adverse environmental impacts. In particular, the proposed ground level modifications will not significantly alter the general appearance of landforms on the site when viewed from the surrounding area. Standard conditions of consent are imposed that require adjoining land and buildings located upon adjoining land to be adequately supported at all times, and a dilapidation report be prepared, if deemed necessary by the certifier.

 

Boundary Fencing – Sub-Section 7.3

It is noted that proposed side boundary fencing levels are detailed on Sheet 10.2_A and Sheet 10.3_A as TOW (Top of Wall). 

 

The proposal involves western side boundary fencing having between 550mm to 3.3m high above original ground level and eastern side boundary fencing with a maximum height of 2.27m above original ground level. The RDCP 2013 sets a maximum side boundary fence height of up to 2.2m for a stepped fence on a sloping site (such as the subject site). No material details have been provided.

 

Conditions are recommended to lower the proposed ground level of the deep soil zones proposed down the sides of the building so that they match existing ground levels, and to delete the paved seating area to the west of the building. The proposed side boundary fencing would therefore not need to be as high as originally proposed to preserve visual amenity between the site and adjoining sites. A recommended condition advises that consent is not granted for the construction of the dividing boundary fences on the side boundaries unless the boundary fences meet the relevant requirements under the Dividing Fences Act 1991 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

Rear Glass Awning Entry Structure    

The proposal involves a 2.8m high glass awning structure within the rear, south-eastern, corner. The structure contributes to excessive bulk close to the rear and side boundaries of the site and will be non-compliant with the rear setback, and side setback controls of the RDCP 2013.

 

The proposed non-compliance is considered to be inconsistent with the relevant objectives of the RDCP 2013 and will generate significant adverse environmental impacts in terms of the residential amenity of adjoining sites and the character of the area. In particular, the structure will be visually prominent and highly visible from the public reserve at the rear of the site. No other similar structures are present within the rear setback adjoining the reserve and the structure would therefore be inconsistent with the pattern of development along the reserve. Further, the side setback would result in an excessively high wall right on the side boundary. Therefore, a condition is recommended to delete the roof structure and lower the height of the entry gate and adjoining fence.   

 

Solar Access to the Reserve

The proposed building will result in some additional overshadowing over part of the reserve area to its south during certain parts of the day and year. The shadowing of the reserve will generally be unavoidable due to the position of the reserve to the south of the subject site. The applicant has submitted shadowing diagrams which show that, on 21 June, the shadowing will not be worse than a building on the site which fully complies with the relevant building envelope controls. Further, the reserve will retain indirect solar access and direct solar access at other times of the year.   

 

Apartment Design Guide

The proposal fails to comply with the Apartment Design Guide (ADG) relating to:

 

Building Separation/Visual privacy

For buildings up to four stories in height, the ADG requires setbacks to the side and rear boundaries of 6m to habitable rooms and balconies, and 3m to non-habitable rooms. All balconies have full height privacy screens to each side which negate any privacy concerns. The windows do not comply with the required side setbacks, being setback a minimum of 3.1m from each side boundary and 2.7m from the rear boundary.

 

Side boundary habitable room windows are adequately positioned, orientated and screened to preserve privacy of adjoining buildings. The closest building across the rear boundary is a minimum of 20m from the rear of the proposed building and this significant distance and level changes across the reserve will mitigate any overlooking of habitable room windows within these dwellings.

 

Despite the numerical variation to the ADG, in relation to adjoining development, the proposal can still achieve a suitable level of visual privacy and residential amenity and is supportable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/189/2016 for the demolition of the existing structures, construction of a part 3/part 4 storey residential flat building containing 11 dwellings, semi-basement car parking for 20 vehicles, landscaping, strata subdivision and associated works, at 5 and 7 Stark Street, Coogee, subject to the following non-standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-Standard Conditions

 

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

 

a.   The height of the proposed fencing and gates on the Stark Street boundary shall not exceed 1.8m above footpath level and the upper two-thirds of the fence and the entire gates must be a minimum of 30% open.

b.   A continuous screen planting using a species that will attain either a minimum height of 1.8m at maturity, or one which will be slipped/hedged to this height, shall be provided behind the front fence, for the full width of the terrace of unit 1.01 (except where a splay is required by condition 11). This condition is included in order to maintain reasonable levels of privacy and screening between the terrace of unit 1.01 and the street.

 

The applicant will be required to demonstrate compliance with this condition through the submission of details of details confirming appropriate species selection, to the satisfaction of the certifying authority, prior to the issue of a construction certificate.

 

The screen planting shall be maintained as an effective privacy measure for the duration of the approved use on the site.

 

c.   Slabs above the deep soil zones on both sides of the basement car park shall be deleted.

d.   The finished levels for the landscaped areas including the associated paved areas and pathways/ramps on both sides of the building as shown on drawing No. 10.2_A shall be retained at the existing ground levels.

e.   The paved area to the south-western side of unit 1.01 shall be deleted.

f.    Consent is not granted for the construction of the dividing boundary fences on the side boundaries unless the boundary fences meet the relevant requirements under the Dividing Fences Act 1991 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

g.   The glass awning roof structure over the rear pedestrian entrance shall be deleted. The gate associated with the awning structure shall not exceed a height of 1.8m and shall be designed to be a minimal of 30% open. Side fencing shall be in accordance with condition 2(e) above.

h.   All privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screens must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

Attachment/s:

 

1.

DA Compliance Report - 5-7 Stark Street, COOGEE 

Included under separate cover

 

 

 


Planning Committee                                                                                                     8 November 2016

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D97/16

 

Subject:              323 Malabar Road, Maroubra (DA/490/2012/C)

Folder No:                DA/490/2012/C

Author:                     Chahrazad  Rahe, Senior Assessment Planner     

 

Proposal:                  Section 96 modification of approved development by addition of stair access to first floor dwelling from Malabar Road, increase size of bedroom 3 and bathroom in rear building, alteration to floor levels and deletion of bathroom for bedroom 2, decrease size of living room in rear building and alteration to stormwater disposal.

Ward:                        Central Ward

Applicant:                Rodney Albert Yannakis & Associates

Owner:                     Peter Sakley

Summary

Recommendation:   Approval

http://interactivemapping/Geocortex/Essentials/prod/REST/TempFiles/Export.jpg?guid=cb569934-556e-461d-a9c3-800bd005dac4&contentType=image%2Fjpeg

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

Development Application Executive summary report

 

The application is referred to the Planning Committee for determination as the original consent was determined at the Ordinary Council Meeting on 27 November 2012. The original proposal involved non-compliances with Council’s development standards for floor space ratio and maximum building height (of more than 10%). Consequently, the application was required to be considered at a Council meeting rather than under delegated authority.

 

Proposal

 

The application is seeking approval for Section 96(2) modifications to the approved development in the following manner:

 

·     Install a stair access to the Shoptop dwelling from Malabar Road;

·     Bedroom 3 & Bathroom on the ground floor are increased in size;

·     Floor levels are revised to increase the head height of the basement entry;

·     Ensuite to bedroom 2 on the ground floor is deleted;

·     The balcony on the first floor level to Dwelling 2 is increased in width by decreasing the floor space of the living area by 300mm;

·     New planter box to north west of the first floor level of Dwelling 2 to replace awning;

·     The built form on the second floor level is altered so that the wall aligns with the north eastern boundary  to square off the building and the angle of the wall on this level at the front of the building is also slightly altered;

·     The laundry and w/c are deleted from the basement floor and the water tank is relocated to a smaller area; and

·     Stormwater discharge to rear ROW leading to Torrington Road.

 

The applicant has removed the stormwater component to discharge to the ROW and has suggested another option to discharge under 325 Malabar Road.

 

Draining conditions have been amended to allow for more flexibility for discharge of stormwater.

 

Details of current approval

 

Current approval is for alterations and significant additions to structures to create a mixed use development comprising a commercial tenancy (existing) and two dwellings. Strata subdivision into three lots was also proposed and assessed.

 

DA/490/2012/A - Section 96 (2) was approved by Planning Committee on 13 May 2014 to provide new wall to Unit 1 at ground floor; however, a condition was included deleting the proposed lift and associated works including changes to Unit 2 (i.e. internal alterations, changes to window openings and additional floor area).

 

DA/490/2012/B - Section 96 (1) was approved under delegated authority on 14 October 2015 to amend the description and the table of approved documentation to allow for strata subdivision as it was not referred to in the description of the proposal on the development consent, nor was the strata plan referenced in the table of approved documentation in condition 1 of the consent.

 

 

 

 

Site

 

The subject site is known as Lot 1 DP 224181, is located at No. 323 Malabar Road, Maroubra, within a small grouping of neighbourhood shops just north of Torrington Road. The site has a frontage width (west) of 5.165m to Malabar Road and a depth of 41.053m. The site is irregular in shape and has an area of 211m2. The site slopes moderately away from the front boundary of the site.

 

The site contains an existing two storey mixed use (commercial and residential) building that fronts Malabar Road with a pizza shop at ground floor level and a residential dwelling at ground and first floor level.

 

A right of way is located adjacent to the rear (east) boundary of the site, which enables vehicular access to the rear of properties located to the north of the site.

 

Submissions

 

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

 

Section 96 Assessment

 

Section 96 of the Environmental Planning and Assessment Act 1979, states that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)   it is satisfied that the proposed modification is of minimal environmental impact, and

(b)   it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)    it has notified the application

(d)   it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The proposal does not involve any significant changes to the approved built form, floor space ratio or use of the site. The application is considered to be substantially the same development as originally approved as the proposed modifications will not alter the essence of the originally approved development and as such, it can be assessed under Section 96 of the Act.

 

Key Issues

 

Randwick LEP 2012

 

Zone Objectives:

 

The subject site is zoned B1 Neighbourhood Centre under the Randwick LEP 2012. Council granted consent under DA/490/2012 for a mixed use development; comprising of a commercial tenancy (existing) and two residential units to the rear of the site. The approved use of the site and structures which are to be constructed on the site are permissible in the zone; and the zoning objectives are addressed as follows:

 

§   To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

 

Comment: The proposed mixed use development retains the existing commercial tenancy fronting Malabar Road. The site is not considered to present any further reasonable opportunities for further commercial space.

 

§   To enable residential development that is well-integrated with, and supports the primary business function of, the zone.

 

Comment: The proposed mixed use development will not interfere with the business function of the zone.

 

§   To minimise the impact of development and protect the amenity of residents in the zone and in the adjoining and nearby residential zones.

 

Comment: The proposed amendments to the approved development will not significantly impact on the internal amenity of the development and neighbouring properties.

 

The modified development will continue to meet the objectives of the B1 Neighbourhood Centre zone.

 

Clause 4.4 - Floor space ratio

 

The current approved built form area on the site is 260.93m² (or FSR 1.24:1). The proposed modifications will be increasing the floor area on site to 264.8m² (or FSR 1.25:1), which will result in an additional increase to the floor area of 3.88m².

 

The additional floor area is marginal and is mainly a result of the squaring off of the second floor north orientation wall and converting the enclosed common vertical circulation area which was excluded from the approved FSR for additional bedroom space and relocation of the bathroom.

 

The additional FSR will not be significantly altering the approved built form on the site; the visible changes will be on the second floor level as the passage way on the ground floor which is to be converted into floor area is already enclosed.  The additional floor area on the second floor level will not pose any significant amenity impacts to the neighbouring properties in terms of overshadowing, privacy and visual amenity and will not be significantly visible from Malabar Road.

 

The form and massing of development will continue to respect the topography of the site and will be consistent with the built form of neighbouring buildings.

 

The modified development will continue to comply with the objectives of current LEP 2012 control standard.

 

Clause 4.3 - Height of buildings

The floor levels of the ground, first and second levels have been revised to increase the head height of the basement entry.  This will result in a slight increase of up to 350mm to the rear western ends of the wall height section of Dwelling 2. However, the proposed alterations to the development will not further increase the approved maximum building height for the subject building of 10.7m.

 

The increase in the wall will not result in any additional unreasonable amenity impacts to the neighbouring properties and will not be noticeable from the Malabar Road streetscape and therefore, will continue to comply with the objectives of current LEP 2012 control standard.

 

Part D6 - Neighbourhood Business Centres

 

Sub-section 2.4.3 - Side setback

 

The side setback control allows development to provide a zero metre side setback where the site’s side boundary adjoins land in a business zone.  The proposed development is squaring off the second floor level to align on the north eastern boundary with a nil setback.  The increase in the built form is minor and will allow more useful floor area to the bedroom.  The wall will also align with the footprint of the basement, ground floor and first floor level and will not result in any significant additional visual or overshadowing impacts to the north adjoining property. 

 

The new planter box to rear of first floor level of Dwelling 2 is replace the approved awning structure and is not considered to result in any unacceptable visual amenity impacts to neighbouring properties.  The planter box will provide visual screening between the dwellings and adjoining properties.

 

Sub-section 5.1 - Solar access

 

The Randwick Development Control Plan requires that building layouts facilitate good solar access to both internal and external living spaces and ideally locate living areas to the north and east, and service areas to the south and west of the developments. No additional services are proposed to the dwellings and new window openings to the north west of Dwelling 2 will continue to optimise its northerly aspect to the living spaces.

 

Sub-section 5.2 - Acoustic and visual privacy

 

The increasing in size of the balcony on the first floor level off the living space to Dwelling 2 is minor and will provide a more useful outdoor area for the occupants of the site without result in significant additional privacy concerns.   The balcony will be mainly overlooking the roof area of the neighbouring properties to the south east of the subject site and will continue to meet the objectives of this control.

 

Sub-section 6 - Shop top housing

 

The entry walkway/passage to Dwelling 2 that accesses the rear courtyard area has been removed and the courtyard area is now accessible from Bedroom 3 on the ground floor level.  This is considered to be acceptable as the main living areas are located on the first floor level and the amendments provide for a larger balcony depth of 1.8m which is a more useful outdoor recreational area to service the needs of the occupants as it’s directly accessible from the main living area of the dwelling rather than the bedroom.  

 

Referrals

 

Development Engineers

 

The application was referred to Council’s Development Engineers for assessment and the following comments have been provided:

 

A Section 96(2), application has been received which seeks to modify the approved development by addition of stair access to first floor dwelling from Malabar Road, increase size of bedroom 3 and bathroom in rear building, alteration to floor levels and deletion of bathroom for bedroom 2, increase size of living room in rear building and alteration to stormwater disposal.

 

Original consent: Construction of a 3 level plus basement addition to the rear of the existing building containing an additional dwelling with carparking, laundry, bin storage, and water tank in basement (SEPP1 objection to floor space ratio and height controls), and strata subdivision..

 

This report is based on the following plans and documentation:

·     Statement of Environmental Effects dated 27th May 2016.

 

General Comments

There are no objections to the Section 96 amendments subject to the comments and conditions provided in this report.

 

Drainage Comments

 

Condition 13 in DA consent 490/2012 currently states:

 

13.      Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage in Malabar Road by gravity (preferably without the use of a charged system) in general accordance with concept drainage plan by LMW Design Drawing D1 revision C and stamped by Council 2nd August 2012.

 

The applicant was originally seeking amendment of Council’s drainage conditions to allow for discharge of stormwater to Torrington Road via the rear Right of Way. The Right of Way lies within the properties at 325 & 327 Malabar Road and written permission could not be obtained from the owner of No.327 Malabar Road to allow for this option. The submitted drainage plans which detail this option should therefore not be stamped approved as part of any Section 96 consent.

 

The owner has since proposed another option of discharging underneath the neighbourng property at 325 Malabar Road to the kerb and gutter on Malabar Road. As the owner of the subject property also owns No.325, this option is feasible subject to suitable easements being created.

 

To allow for this option however and provide some flexibility in the drainage design, the current drainage conditions will need to be amended as they do not currently allow for this method of stormwater disposal.

 

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 modifications are considered to be substantially the same development as that previously approved and will not result in any significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No DA/490/2012 by addition of stair access to first floor dwelling from Malabar Road, increase size of bedroom 3 and bathroom in rear building, alteration to floor levels and deletion of bathroom for bedroom 2, decrease size of living room in rear building and alteration to stormwater disposal at 323 Malabar Road, Maroubra, subject to the following conditions:

 

A)       Modify Conditions 1 & 13 to read as follows:

 

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:

 

 

Drawing Number

Rev.

Drawn by.

Received by Council

D1 (Concept Drainage Plans and Details)

C

LMW Design Group P/L

2 August 2012

02

A

Rodney Albert Yannakis

2 August 2012

03

A

Rodney Albert Yannakis

2 August 2012

04

A

Rodney Albert Yannakis

2 August 2012

05

A

Rodney Albert Yannakis

2 August 2012

06

A

Rodney Albert Yannakis

2 August 2012

07

A

Rodney Albert Yannakis

2 August 2012

08

A

Rodney Albert Yannakis

2 August 2012

09

A

Rodney Albert Yannakis

2 August 2012

10 (colours & materials)

A

Rodney Albert Yannakis

2 August 2012

 

BASIX Certificate

No.

Dated

323 Malabar Road

324055S

Thursday, 26 July 2012

 

Except as amended by the Section 96 ‘A’ plans listed below and endorsed with Council’s approved stamp:

 

Drawing Number

Rev.

Drawn by.

Received by Council

00

A

Rodney Albert Yannakis

3 February 2014

02

A

Rodney Albert Yannakis

3 February 2014

03

A

Rodney Albert Yannakis

3 February 2014

04

A

Rodney Albert Yannakis

3 February 2014

05

A

Rodney Albert Yannakis

3 February 2014

06

A

Rodney Albert Yannakis

3 February 2014

07

A

Rodney Albert Yannakis

3 February 2014

08

A

Rodney Albert Yannakis

3 February 2014

 

        Except as amended by the Section 96 ‘B’ plans listed below and endorsed with         Council’s approved stamp:

 

Drawing Number

Rev.

Drawn by.

Received by Council

D1 (Concept Drainage Plans and Details)

C

LMW Design Group P/L

2 August 2012

02

A

Rodney Albert Yannakis

2 August 2012

03

A

Rodney Albert Yannakis

2 August 2012

04

A

Rodney Albert Yannakis

2 August 2012

05

A

Rodney Albert Yannakis

2 August 2012

06

A

Rodney Albert Yannakis

2 August 2012

07

A

Rodney Albert Yannakis

2 August 2012

08

A

Rodney Albert Yannakis

2 August 2012

09

A

Rodney Albert Yannakis

2 August 2012

10 (colours & materials)

A

Rodney Albert Yannakis

2 August 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plan Name

Sheet number

Drawn by

Strata Plan Form 2: Location Plan

Sheet 1

John P. Ballenden

Strata Plan Form 2:

Level 1 (Basement) / Level 2 (Ground Floor)

Sheet 2

John P. Ballenden

Strata Plan Form 2:

Level 3 (First Floor) / Level 4 (Second Floor)

Sheet 3

John P. Ballenden

 

 

 

 

 

 

 

 

 

 

 

 

BASIX Certificate

No.

Dated

323 Malabar Road

324055S

Thursday, 26 July 2012

 

        Except as amended by the Section 96 ‘C’ plans listed below and endorsed with         Council’s approved stamp:

 

Drawing Number

Rev.

Drawn by.

Received by Council

02

C

Rodney Albert Yannakis

03/06/2016

03

C

Rodney Albert Yannakis

03/06/2016

04

C

Rodney Albert Yannakis

03/06/2016

05

C

Rodney Albert Yannakis

03/03/2016

07

C

Rodney Albert Yannakis

03/06/2016

08

C

Rodney Albert Yannakis

03/06/2016

 

 

 

 

 

 

Only

 

BASIX Certificate

No.

Dated

323 Malabar Road

324055S_06

Saturday, 4 June 2016

 

in so far as they relate to the modifications highlighted on the Section 96  plans and detailed in the Section 96 applications, except where amended by Council in red and/or by other conditions of this consent:

 

 

Stormwater Drainage

13.      Stormwater runoff from the (redeveloped portion) site shall be discharged either:

 

a)     To the kerb and gutter along the site frontage by gravity (preferably without the use of a charged system); OR

 

b)     Through a private drainage easement(s) over adjoining land  to Council’s kerb and gutter (or underground drainage system);

 

c)     To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

Prior to the use of infiltration in rear draining lots (where there is no formal overland escape route to Council’s kerb and gutter/street drainage system),  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

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.

 

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

 

72.      Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

73.      All pump out water must pass through a stilling pit, located within the site, prior to being discharged by gravity to the kerb and gutter.

 

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.

 

Stormwater Drainage

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

Notes:

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

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

 

 

Attachment/s:

 

Nil

 

  


Planning Committee                                                                                                     8 November 2016

 

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Miscellaneous Report No. M17/16

 

Subject:              Report for Variation to Development Standard under SEPP No. 1 and Clause 4.6 between 1 September to 31 October 2016

Folder No:                F2008/00122

Author:                     Frank Ko, Coordinator Fast Track      

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of variations to development Standard. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under SEPP1 and Clause 4.6;

 

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP1 and Clause 4.6 to be determined by full council (rather than the general manager or nominated staff member);

 

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP1 and Clause 4.6;

 

4)     Making the register of development applications determined with variations in standards under SEPP 1 and Clause 4.6 available to the public on council’s website.

 

This report is in response to point 3) above. A table is attached to this report detailing all SEPP1s and Clause 4.6 exceptions approved in the period between 1 to 31 August 2016 – Five (5) were approved during this period by Planning Committee Meeting or under Delegation Authority.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:     New and existing development is managed by a robust framework.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP1 objections and Clause 4.6 exceptions. This report is in response to one of those.

 

 

Recommendation

 

That the report be received and noted.

 

 

Attachment/s:

 

1.

SEPP1 AND CLAUSE 4.6 Between 1 September to 31 October, 2016

 

 

 

 


SEPP1 AND CLAUSE 4.6 Between 1 September to 31 October, 2016

Attachment 1

 

 

 

SEPP 1 AND CLAUSE 4.6 REGISTER BETWEEN 1 SEPTEMBER TO 31 OCTOBER, 2016

Council DA reference No.

Lot No.

DP No.

Apart-ment/ Unit No.

Street No.

Street name

Suburb/Town

Post-code

Category of develop-ment

Environ-mental planning instru-ment

Zoning of land

Development standard to be varied

Justification of variation

Extent of variation

Concur-ring authority

Date DA determined dd/mm/yyyy

Appro-ved by

DA/551/2015

12

2349

 

20

Moore Street

COOGEE

2034

 1: Residential - Alterations & additions

RLEP 2012

R3 - Medium Density Residential

Clause 4.3  - Building height of 9.5m  &  Clause 4.4  - FSR = 0.75:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Height 10.42m increased by 920mm or 9.6%. FSR increased to 4%. 

NSW Dept of Planning

13-Sep-16

PCM

DA/458/2016

6

30954

 

5

Shirley Crescent

MATRA-VILLE

2036

 3: Residential - New second occupancy

RLEP 2012

R2 - Low Density Residential

Clause 4.4  - FSR = 0.5:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 0.509:1  or 2% 

NSW Dept of Planning

13-Sep-16

PCM

DA/355/2016

711

1101733

 

80-82

Glanfield Street

MAROU-BRA

2035

4: Residential - New multi unit < 20 dwellings

RLEP 2012

R3 - Medium Density Residential

Clause 4.3  - Building height of 9.5m

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Building height is 9.8m increased by 300mm or 3.1%

NSW Dept of Planning

04-Oct-16

Delega-ted autho-rity

DA/177/2016

COR LOT 1

936855

 

19

Howard Street

RAND-WICK

2031

 3: Residential - New second occupancy

RLEP 2012

R2 - Low Density Residential

Clause 22(3) Permissible FSR = 60m²

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Existing floor area 70.1m² or 16.8%.

NSW Dept of Planning

11-Oct-16

PCM

DA/281/2016

1

 91045

 

152-154

Avoca Street

RAND-WICK

2031

 1: Residential - Alterations & additions

RLEP 2012

R2 - Low Density Residential

Clause 22(3) Permissible FSR = 60m²

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Existing floor area 70.1m² or 16.8%.

NSW Dept of Planning

11-Oct-16

PCM

 


Planning Committee                                                                                                     8 November 2016

 

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Miscellaneous Report No. M18/16

 

Subject:              Request to nominate delegates and alternates to the new Sydney Planning Panel

Folder No:                F2004/08420

Author:                     Stella Agagiotis, Co-ordinator, Strategic Planning      

 

 

Introduction

The attached letter (Attachment 1) from the Department of Planning and Environment advises that Council should nominate delegates and alternates to the new Sydney Planning Panel which will commence on 21 November 2016. The new Panel will replace the Joint Regional Planning Panels (JRPPs).

 

Current members

Randwick Council’s current nominated membership from September 2016 to 20 November 2016 comprises:

 

Cr Scott Nash and Cr Anthony Andrews (as Delegates)

Cr Murray Mason, Cr Greg Moore, and Cr Tony Bowen (as alternates)

 

Purpose of Sydney Planning Panels (SPPs)

The SPPs will have the same functions as the Joint Regional Planning Panels as follows:

·     Determine regionally significant development applications (generally for application more than $20M in capital investment value; or where an application is made by the Crown or a Council or relates to infrastructure and has a capital investment value over $5M)

·     Consider pre-Gateway (rezoning) reviews by proponents (initiated if a council has not supported a rezoning request).

 

Composition of SPPs

In accordance with the Greater Sydney Commission Act 2015 (GSC Act), the SPPs will comprise 5 members:

-       The District Commissioner (Maria Atkinson) as the Chair

-       Two state appointed representatives

-       Two council appointed representatives

Under the GSC Act, at least one of the two council nominees is to have expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism. The appointed nominees can be Councillors, council staff or other persons appointed by the council.  Any number of alternate members may be appointed to the Panel.

 

Rotation of nominees

Under the GSC Act, a Council nominee can remain a member for up to 4 years.  Council’s current practice is to determine committee representations/memberships for one year periods (expiring September each year). Given the Council elections in September 2017, it is recommended that the appointments be made for the period 21 November 2016 until 30 September 2017.

 

Remuneration and procurement

Remuneration of council members to the Panel is a matter for Council to determine.  Any council staff or public sector employees appointed to the Panel cannot be remunerated (consistent with Guidelines for NSW Board and Committee Members: Appointment and Remuneration).

 

A remuneration fee per meeting of $600 for Councillors attending the Panel meetings is recommended. Guidance previously given on remuneration is that councils may pay elected councillors a fee of no more than $600 per meeting. This is also consistent with Woollahra Council’s remuneration to Councillors. Remuneration recognises the additional duties involved with reviewing major development applications and pre-gateway reviews of planning proposals which have been considered by the Panel. Councillors may also consider reimbursement for their attendance at 5 previous JRPP panel meetings since December 2015 where a number of complex planning proposals were considered that required the review of a large amount of material associated with these proposals.

 

Council nominated Panel members need to provide written acknowledgment that they will comply with the requirements of the recently revised Planning Panels Code of Conduct.

 

Code of Conduct

The revised code of conduct (Attachment 2) clarifies that a Councillor who has deliberated or voted on a matter (including a planning proposal, voluntary planning agreement or submission to the Panel on a DA for regional development) at a council meeting must stand aside from their place on the Panel. This is to avoid any perceptions of bias or pre judgement.  Any member who sits on a Panel is required to disclose and manage any actual, potential or reasonably perceived conflicts of interest.

 

Relationship to City Plan

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:     New and existing development is managed by a robust framework.

 

Financial impact statement

Appropriate allowances for attendance to the meetings including background preparation, reading of reports/submissions and travelling can be provided to Councillors. As the Panel considers approximately 5 applications per year within the Randwick Council area, an estimated cost of $6,000 p.a would be incurred.

 

Conclusion

With the commencement of the Sydney Planning Panels on 21 November 2016, it is recommended that Council nominate two Councillor delegates and a number of alternate delegates to the Panel and write to the Department of Planning and Environment providing the names, contact details and written acknowledgment that appointed members will comply with the revised Panels Code of Conduct (September 2016 – attached).  The appointments will be effective for the period of 21 November 2016 until after the Council elections in September 2017.  It is also recommended that nominees be appropriately remunerated and reimbursed for the additional duties relating to this role.

 

Recommendation

 

That Council:

1.  Determine the two council appointed delegates and alternates to the Sydney Planning Panel in accordance with the required expertise (as per above) for the period 21 November 2016 until 30 September 2017;

2.  Advise the Department of Planning and Environment of the nominations together with written acknowledgment from those appointed members that they will comply with the requirements of the recently revised Planning Panels Code of Conduct (September 2016);

3.  Determine that Councillors be remunerated a maximum of $600 per meeting to prepare for and attend Panel meetings.

 

 

Attachment/s:

 

1.

Marcus Ray - NSW Department Of Planning - Notification Of Nomination Of Council Members To The Sydney Planning Panels

 

2.

Planning Panels Code_of_Conduct_2016

 

 

 

 


Marcus Ray - NSW Department Of Planning - Notification Of Nomination Of Council Members To The Sydney Planning Panels

Attachment 1

 

 


Planning Panels Code_of_Conduct_2016

Attachment 2