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Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 13 December 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                             13 December 2016

 

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    Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 13 December 2016 at 6:00pm

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 22 November 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

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

Audio/video recording of meetings prohibited without permission;

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

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

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

CP72/16    11 Hooper Street, Randwick (DA/907/2015) (Deferred)............................ 1

CP73/16    35 Lenthall Street, Kensington (DA/352/2016)....................................... 109

Director City Planning Report (record of voting NOT required)

CP74/16    Proposed Amended Alcohol Restrictions – Dunningham and Goldstein Reserve, Coogee.................................................................................................... 123

General Manager's Reports

Nil

Director City Services Report

CS16/16    Maroubra Beach - Proposal to Trial Beach volleyball Under Lights.............. 127

Director Governance & Financial Services Reports

GF40/16    Continuation of Community Partnership with Eastern Suburbs District Rugby League Football Club................................................................................... 135

GF41/16    Probity Plan for the Commencement of Negotiations of Commercial Terms Associated with the Community and High Performance Centre (CHPC) Project at Heffron Park, Maroubra....................................................................................... 139  

Petitions

Motion Pursuant to Notice

NM63/16   Notice of  Motion from Crs Neilson & Shurey – Welcome Banners and Posters supporting Cultural Diversity in Randwick City ...................................................... 171

NM64/16   Notice of Motion from Cr Moore - Financial consideration for identified community facility improvements in Kensington and Kingsford Town Centres........................ 173

NM65/16   Notice of Motion from Cr Matson - Maintaining fire prevention access to Randwick Environment Park via Wauhope Crescent.............................................. 175

NM66/16   Notice of Motion from Cr Matson - Augmenting local consultation mechanism during the formulation of the Kingsford and Kensington Planning Strategy................. 177

NM67/16   Notice of Motion from Cr Matson - Pledge of support for safe schools program 179   

Notice of Rescission Motions

Nil  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                             13 December 2016

 

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Director City Planning Report No. CP72/16

 

Subject:             11 Hooper Street, Randwick (DA/907/2015) (Deferred)

Folder No:                   DA/907/2015

Author:                   Frank Ko, Coordinator Fast Track     

 

Introduction

 

The subject application is for demolition of the existing dwelling, construction of a part 2/part 3 residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works (variation to floor space ratio control)..

 

The application was recommended for approval and reported to the Council meeting of the 22 November 2016. At the meeting it was resolved;

 

“(Roberts/Shurey) that this application be deferred to the December Ordinary Council meeting to allow the neighbour, who has just moved in, time to consider and make a comment on this development application. The neighbour’s submission must be lodged with Council no later than Thursday 1 December 2016.”

 

Issues

 

Submissions

The owners of 13 Hooper Street were given the opportunity to submit on the application as per the 22 November 2016 Council resolution discussed above. As a result of this, the following submission was received:

 

13 Hooper Street

 

Issue

Comment

1.   The proposal breaches a number of planning controls.

 

 

 

 

2.   The proposal breaches the Solar Access Controls and concerns are held about the accuracy of the submitted shadowing diagrams.

 

 

 

 

 

3.   Concerns are held about overlooking of the submitter’s site from the central courtyard.

 

 

4.   Concerned about carpark ventilation and the potential acoustic issues associated with mechanical ventilation.

 

 

 

 

 

5.   Concerned about additional demand for on-street parking.

 

 

 

 

 

 

 

 

 

6.   Concerned about the impact of construction vehicles for the proposed development, should Council approve the application, mediation discussions should be held between the Applicant, Council Officers and local residents to develop a Construction Management Plan over the subject site.

 

7.   Root mapping of the rear Lemon Scented Gum Tree should be undertaken before any approval is given.

 

 

 

 

8.   Due to the overland flow path across the site, the application should be deferred and an independent expert should assess flooding in relation to the application.

 

1.   These breaches are discussed and addressed within the Director City Planning Report submitted to the 22 November 2016 Ordinary Council Meeting.

 

2.   The shadow impact has been independently assessed by Council officers and the breach of the solar access controls has been discussed and addressed within the Director City Planning Report submitted to the Ordinary Council Meeting on 22 November 2016.

 

3.   A recommended condition will prevent overlooking through a 1.6m high privacy screen allow the eastern walkway.

 

4.   The car parking will be partly naturally and partly mechanically ventilated. An appropriate condition is recommended to ensure plant and equipment does not give rise “offensive noise” as defined in the Protection of the Environmental Operations Act 1997.

 

5.   The proposal complies with the parking requirements of the RDCP 2013. Additional traffic is likely on Hooper Street; however, the intent of the zone is to allow for medium density residential development, and the additional traffic generated will be accommodated in the existing street network.  

 

6.   Standard conditions are recommended to minimise construction impacts. 

 

 

 

 

 

 

 

 

7.   The Council’s landscape officer has reviewed the proposal and recommended that root mapping occur prior to the pouring of any footings and this root mapping will be inspected by Council’s landscape officer.

 

8.   Overland flow paths have been reviewed by the Council’s development engineering team and appropriate conditions reccomended.

 

Unit 4, 59 Gilderthorpe Avenue

The above site submitted a supplementary submission:

 

Issue

Comment

1.   The proposal could interfere with or contaminate a partly underground watercourse.  An environmental study is required.

 

 

 

 

 

 

 

 

2.   Root mapping of the rear Lemon Scented Gum Tree should be undertaken before any approval is given.

 

 

 

 

3.   An expert arborist should review the health of the tree and the possible implications for its health and stability of the proposed excavation works.

 

 

 

4.   The Lemon Scented Gum tree blows around wildly in storms and concerns are held that the proposal will create a wind-tunnel effect which alter the wind-flow in relation to the tree. A wind study should be undertaken.

 

 

5.   Concerns are still held about the proposed breaches a number of planning controls.

 

1.  Flooding and water flows across the site have been considered by the Council’s development engineering team and appropriate conditions recommended to adequately manage flooding. Recommended construction management and drainage conditions will minimise the risk of sedimentation or contamination of surrounding watercourses/bodies.

 

2.  The Council’s landscape officer has reviewed the proposal and recommended that root mapping occur prior to the pouring of any footings and this root mapping should be inspected by Council’s landscape officer.

 

3.  The Council’s landscape officer has reviewed the health of the tree and possible implications for its health and stability and recommended appropriate conditions, including monitoring by a qualified site arborist.

 

4.  A wind-study is not generally required for a building of this size. The buildings have been designed with appropriate bulk and scale. The height of the building is lower than the canopy of the tree. Therefore should not result in any extreme wind flow effect.

 

5.  These breaches are discussed and addressed within the Director City Planning Report submitted to the 22 November 2016 Ordinary Council Meeting.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 315/2016 for Demolition of the existing dwelling, construction of a part 2/part 3 residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works (variation to floor space ratio control). at 11 Hooper Street, Randwick, subject to the following standard conditions contained in 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

DA100 Rev B

Kvmzv Architecture

12 May 2016

DA102 Rev B

Kvmzv Architecture

12 May 2016

DA105 Rev B

Kvmzv Architecture

12 May 2016

DA106 Rev B

Kvmzv Architecture

12 May 2016

DA110 to DA114 Rev B

Kvmzv Architecture

12 May 2016

DA200 to DA207 Rev B

Kvmzv Architecture

12 May 2016

DA301 to DA304 Rev B

Kvmzv Architecture

12 May 2016

DA401 to DA405 Rev B

Kvmzv Architecture

12 May 2016

DA601 to DA602 Rev A

Kvmzv Architecture

10 December 2016

DA701 to DA705 Rev B

Kvmzv Architecture

12 May 2016

 

BASIX Certificate No.

Dated

682295M

2 December 2015

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements, with details to be shown on construction certificate plans:

 

a.   Bedroom 2 of Apartment 101 shall be increased in size to not less than 9m2, using floor area from adjoining rooms.

b.   Operable high-level windows shall be installed within all north and south facing balcony doors to allow for secure ventilation of the interior of the apartments.

c.   The metal rails of the frontage fencing and the whole of the gates shall be designed to be a minimum of 30% open.

d.   The ground floor level decks to the rear of building ‘B’ shall not exceed a depth of 1m from the rear wall line of Building ‘B’. This does not apply to access stairs below 1.2m above ground level.  

e.   A privacy screen with a height of 1.6m above the finished level of the walkway shall be installed along the western side of the western walkway for a length of 8m from the walkways southern edge.

f.   A privacy screen with a height of 1.6m above the finished level of the walkway shall be installed along the eastern side of the eastern walkway from the walkways southern edge to the front wall line of building ‘A’.

g.   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.

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

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

 

b)     Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved the 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 $2,203,366 the following applicable monetary levy must be paid to Council: $22,036.60.

 

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:

 

·           $5000 - Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Street Tree Management

9.       The applicant must submit a payment of $1055.25 (including GST) to cover Council’s costs for the following:

 

a.       To remove, stump-grind and dispose of the existing street tree, Callistemon viminalis (Bottlebrush) from the Hooper Street verge, to the west of the existing driveway, centrally across the width of the site, so as to accommodate the new, widened vehicle crossing just to its east as shown;

 

b.       To supply, plant and maintain 1 x 25 litre street tree, Syzygium leuhmannii (Small Leafed Lilly Pilly) back on the Hooper Street verge, an equal distance between the western edge of the new crossing and western site boundary at the completion of all works;

 

c.       A loss of amenity fee in recognition that the only reason this established native tree is being removed from public property is to accommodate the development of private property, and will be used towards the planting of additional street trees elsewhere in the street or surrounding 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 9093-6613 (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 street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement.

 

After this, any further enquires regarding scheduling/timing or completion of works are to be directed to Council’s North Area Tree Preservation & Maintenance Coordinator on 9093-6858.

 

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

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

 

Design Alignment levels

11.     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;

 

·    Match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

         

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

 

12.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $664 calculated at $56.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

13.     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

14.     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.

 

Flood Management

15.     The proposed internal driveway shall be designed & constructed with a high point as detailed in the approved DA plans. Plans submitted for the construction certificate must also demonstrate compliance with this requirement.

 

16.     Windows, vents and other openings into the basement carpark (excluding the driveway opening) are to be located at least 300 mm above the determined 1 in 100 year flood level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

17.     The ground floor level located at the rear of the site shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority with the construction certificate.

 

         This requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

18.     The Stormwater Drainage System & Flood Mitigation measures shall be provided in general accordance with the Drainage plans by AKY Civil Engineering H01-H04 Revision B dated 2nd November 2015.

 

‘For Construction’ plans are to prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

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

 

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

 

·  Roof areas

·  Paved areas

·  Grassed areas

·  Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

c)     Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage (detention/infiltration) system.

 

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

 

e)     Any subsoil drainage must not discharge to the pump-out system

 

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.

 

Site Seepage & Groundwater

20.     The development must comply with the following requirements to ensure the adequate management of site seepage/groundwater:

 

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

 

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

 

c)    The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage, floodwaters and subsoil drainage into the basement level/s of the building.

 

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

               

e)    Details of the proposed stormwater drainage system including methods of tanking the basement levels and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

Waste Management

21.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Planning.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

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

 

22.     The garbage room shall be sized to contain a total of 6 x 240 litre bins (comprising 3 garbage bins & 3 recycle bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

23.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

Street Tree Protection

24.     In order to ensure retention of the Melaleuca linariifolia (Snow in Summer, T1) located on Council’s Hooper Street verge, just past the western site boundary, in front of no.9, in good health, the following measures are to be undertaken:

 

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

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be setback the maximum distance possible form this tree so as to minimise the potential for future root damage and maintenance issues.

 

c.       This tree is to be physically protected by installing evenly spaced star pickets at a setback of 2 metres to its east and west (measured off the outside edge of its trunk at ground level), matching up with the back of the kerb to its north, and the footpath to its south, to which, safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose this tree for the duration of works.

 

d.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which, signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

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

 

f.       The applicant is not authorised to perform any works to this public tree, and must contact Council’s Landscape Development Officer on 9399-0613 should pruning or similar works appear necessary. If approval is given, it can only be performed by Council, wholly at the applicants cost, with payment to be received, prior to the issue of an Occupation Certificate.

 

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

 

Tree Protection Measures

25.     In order to also ensure retention of the large and significant Corymbia citriodora (Lemon Scented Gum, T2) located in the rear yard of the subject site, right in the southeast corner in good health, the following measures are to be undertaken:

 

a)       All documentation submitted for the Construction Certificate application must show the retention of this tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all plans in relation to the proposed works.

 

b)       Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that an AQF Level 5 consulting Arborist (must be a registered member of a nationally recognized organization/association) has been engaged as ‘the site Arborist’ for the duration of works, and will be responsible for both implementing and monitoring the conditions of development consent and any recommendations of the Arborist Report.

 

c)       The site Arborist must be present on-site at the relevant stages of works, and must keep a log of the dates of attendance and the works performed, which is to be presented as a Final Compliance Report, for the approval of the PCA, prior to the issue of any Occupation Certificate.

 

d)       In the event of any discrepancy between the Construction Impact Assessment by NSW Tree Services Pty Ltd, ref CIA-DRI 08/15, dated 26/08/15 (“the Arborists Report”) and conditions of consent, the site Arborist must contact Council’s Landscape Development Officer on 9093-6613 to reach agreement on the outcome before proceeding further.

 

e)       Any excavations associated with the installation of new services, pipes, stormwater/hydraulic systems or similar in the rear yard, must not extend past the southern wall of the basement level, as has been shown on the submitted plans by AKY Civil Engineering, dwg’s H01-H04, rev B, dated 02.11.15.

 

f)       The Construction Certificate plans must also show that the southern wall of the basement will finish a minimum distance of 5500mm away (as is shown on the rev B plans dated 12.05.16), measured from the centre-line of its trunk at ground level.

 

g)       All initial excavations for footings associated with the ground level floodway, which the Elevation plans (dwg’s DA302 & 304) show will extend past the southern wall of the basement level, within a radius of 5 metres, measured off the outside edge of its trunk at ground level, must be performed by hand, by the site Arborist, to a minimum depth of 600mm and a minimum width of 200mm, without damaging any roots in the process.

 

h)       Council’s Landscape Development Officer (9093-6613) must then be contacted, prior to forming or pouring these footings, and giving at least 2 working days notice, to inspect these trenches, with the applicant to comply with any instructions issued.

 

i)        Where major roots with a diameter of more than 75mm are encountered, and Council’s officer determines must be retained, a cantilevered, pier and beam style footings must be used for these areas.

 

j)       The Construction Certificate plans must acknowledge that the site inspection may result in the need to alter the footing design away from a traditional strip footing, to a more flexible system, with a suitably qualified engineer needing to have the required design approved by the PCA, prior to installing the footings.

 

k)       Where roots with a diameter of less than 75mm are found which are in direct conflict with the works, and permission is given for their pruning, they may be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

l)        The timber deck off the rear of both ground floor apartments must be a cantilevered structure that will not involve any ground penetrations for footings/support, as has been shown on the Elevation plans (dwg’s DA302 & 304).

 

m)      Any new common boundary fencing, within a radius of 11.4m metres of its trunk, can only be a system which is supported on localised pad footings, not strip footings, with details confirming compliance to be shown on the Construction Certificate plans.

 

n)       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 5 metres to its north and west (measured off the outside edge of its trunk at ground level), matching up with the eastern and southern site boundaries in order to completely enclose this tree for the duration of works, with a 50mm layer of mulch to be provided and maintained within this area also.

 

o)       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until works associated with the floodway, rear deck and landscaping are being performed, to which, signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

p)       In order to prevent soil/sediment being washed over its root system, erosion control measures must be provided at ground level around the perimeter of the TPZ.

 

q)       If additional trunk or branch protection is required, this can be provided by way of wrapping layers of geo-textile, underfelt or Hessian, which shall be secured by lengths of evenly spaced hardwood timbers around their circumference, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

 

r)       Ground levels in the area between the southern wall of the basement and southern site boundary must not be altered by more than 100mm, and other than the approved works, there must be no other structures such as continuous strip footings, planter boxes or similar to be located in this area, which must remain as undisturbed, deep soil.

 

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

 

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

 

Building & Design

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

 

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

27.     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

28.     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

29.     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

30.     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.

 

Construction Site Management Plan

31.     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.

 

Construction Traffic Management

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

 

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

 

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

 

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

 

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

 

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·            A restriction requiring the maximum length of trucks serving the site to not exceed 12.5m length. No B-Doubles will be permitted in Hooper Street.

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

34.     Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

Demolition Work Plan

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

 

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

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

     Details of hazardous materials (including asbestos)

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

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

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

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

     Other relevant details, measures and requirements to be implemented

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

     Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

            Public Utilities

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Work Health & Safety Act 2011 and Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997 and Regulations

·           Relevant EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

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

·      as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

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

 

        Road/Asset Opening Permit

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

 

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

 

b)     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

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

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)      Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

         

Traffic Management

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

 

Stormwater Drainage

51.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

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

 

            Tree Removal

53.     Approval is granted for the removal of any of those Dypsis lutescens (Golden Cane Palms) located around the perimeter of the rear yard of the subject site, as well as the Persea amercianna (Avocado) against the western side of the existing free-standing garage, so as to accommodate the works shown for these same areas, subject to full implementation of the approved Landscape Plan.

                 

Pruning

54.     Permission is granted for the minimal and selective pruning of only those branches from the northern aspect of the Corymbia citriodora (Lemon Scented Gum, T1) which is located in the rear yard, right in the southeast corner of the site, only where needed in order to avoid damage to the tree specifically from the piling rig during construction of the southern wall of the basement, including:

 

i)        The 2nd order lateral at a height of 4m above ground level, leading to the northwest, which may need to be taken all the way back to the main trunk;

 

ii)       The 3rd order leader growing to the northeast, at 10-12m above ground level;

 

iii)   Those 4th order branches at its northwest aspect, in its upper canopy;

 

iv)      Various other smaller, lower order branches where necessary.

 

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

 

Pruning may be performed prior to the commencement of construction works so as to minimize the chance of damage being caused to the tree from the piling rig.

 

56.      The site Arborist must contact Council’s Landscape Development Officer on 9093-6613 (giving at least 2 working days notice) to arrange a joint site meeting, prior to pruning, to confirm the exact location and extent of pruning that is permissible, with the Arborist to comply with any instructions issued by Council’s Officer.

 

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

57.     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

58.     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

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

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

b)       Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

c)       Carry out a full depth,1 metre wide, road construction in front of the kerb and gutter along the full site frontage, to Council’s specifications and requirements.

d)       Re/construct a 1.3m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

60.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

61.     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.

 

Service Authorities

Sydney Water Requirements

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

 

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

 

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

 

Undergrounding of Power

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

 

Flooding

64.     The PCA shall be satisfied that all flood mitigation measures as detailed in the approved documentation have been undertaken, including but not limited to floor levels, driveway and footpath crests, and provision of the undercroft area at the rear of the building.

 

65.     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 undercroft area underneath the rear ground floor slab shall not be enclosed or used for the storage of goods, so as to ensure the 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

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

Notes:

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

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

 

67.     A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

·              Finished surface levels (including ground floor levels) & site contours at 0.2 metre intervals;

·      Volume of storage available in the pump-out system;

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

·      Invert & surface levels at any pits.

·              Heights of critical crests in driveway and pedestrian access for flood mitigation.

 

68.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

69.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent.

 

Landscaping

70.     Prior to issuing any type of Occupation Certificates, 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 Plan by KVMZV Architecture, dwg DA105, rev B, dated 12.05.16.

 

71.     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.

 

72.     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.

 

Site Arborist Certification

73.     Prior to the issue of any Occupation Certificate, the site Arborist must submit to, and have approved by, the PCA, written certification which confirms compliance with the conditions of consent and Arborists Report Recommendations; the dates of attendance and works performed/supervised relating to retention of the Lemon Scented Gum (T1).

 

          Tree Protection Certification

74.     Prior to the PCA issuing any Occupation Certificate, written certification must also be obtained from Council’s Landscape Development Officer (9399-0613) confirming that the Tree Protection Measures relating to inspection of hand dug trenches and pruning, as well as any other instructions issued on-site, were complied with during the course of works.

 

Waste Management

75.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

76.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of Premises

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

 

External Lighting

78.     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.

 

Street Numbering

79.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development.

 

Plant & Equipment

80.     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.

 

Stormwater Detention/Infiltration System

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

 

Residential Parking Permits

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

 

83.     A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that they are in a building which does not qualify for on-street resident parking permits.

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

A7      Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

A8      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.

 

A9      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.

 

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

 

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

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

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

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

 

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

 

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

 

A12     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

1.

11 Hooper Street, RANDWICK (DA 907 2015)

 

2.

DA Compliance Report - 11 Hooper Street, RANDWICK 

 

 

 

 


11 Hooper Street, RANDWICK (DA 907 2015) no footer

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Director City Planning Report No. CP67/16

 

Subject:             11 Hooper Street, Randwick (DA/907/2015)

Folder No:                   DA/907/2015

Author:                   Jonathan Blackmore, Environmental Planning Officer      

 


Proposal:                    Demolition of the existing dwelling, construction of a part 2/part 3 storey residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works (variation to floor space ratio control)

Ward:                     North Ward

Applicant:                Drivas Dimitrios

Owner:                        PDI Drivas Group Pty Ltd

Summary

Recommendation:     Approval

 

Subject Site

 

 

 

 

Submissions received (some out of shot)

 

 

Ù

North

 

Locality Plan

 

Development Application Executive Summary Report

 

The application is referred to Council as the total development cost of the proposal exceeds $2 million.

 

Proposal

 

The applicant proposes to demolish the existing dwelling and then to construct a part 2/part 3 storey residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works.

 

Revisions

The Council’s assessing officer raised a number of concerns with the applicant post-lodgement. The concerns related to the proposed height of the building, excessive use of screens on the front façade, and a lack of side elevation articulation. Also the applicant was requested to address the Design Review Panel Comments. The applicant undertook the following revisions:

 

1.  The building height was dropped by 200mm.

2.  Screening on the front façade was removed.

3.  Window awnings and timber battening were introduced to the side elevations for articulation.

4.  Private terrace encroachments to the central terrace area were reduced.

5.  The access path from the street was relocated from the west to the east of the building. The side of private terraces were increased to the west of the building.

6.  Additional screening was added between private and communal outdoor spaces. This includes 1.6m high privacy screens and planter boxes.

7.  Originally proposed privacy screens to upper-level terraces facing the central courtyard were specified as louvres with fixed orientations to the side boundaries.  

8.  The driveway width was reduced to 3.6m.

9.  A basement lift was deleted.

10. Clear sheeting was added to the entry canopy.

11. Hoods were added to western and eastern facing windows.

12. Ceiling fans were added to all bedrooms.

13. Retractable clothes drying lines were added to the rear yards of units 101, 102 and 103.

14. Skylights were labeled as ventilating.

 

Site

 

The subject site is located on the southern side of Hooper Street.  The relatively narrow street contains on-street parking, footpaths, grassed nature-strips and some street trees. The southern side of Hooper Street contains a variety of dwelling styles, including residential flat buildings, single occupancy dwellings and semi-detached dwellings.  The subject site, like those on either side, is rectangular shaped. The site slopes down from the front boundary to the rear by approximately 3m. The subject site contains a single storey brick bungalow dwelling. The dwelling shares a similar frontage alignment to buildings on adjacent sites. The front of the site features a low brick and metal fence, landscaping and a single car park space. The rear of the site contains grassed areas and a large Lemon Scented Gum Tree.

 

Figure 1. Photograph of the frontage of the subject site and the existing dwelling on the site (centre).

 

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 0.75:1 on the site. A floor space ratio of 0.77:1 is proposed.

 

The proposed variation is summarised in the table below:

 

 

Floor Space Ratio

Development standard

0.75:1

Proposal

0.77:1

Excess above the standard

0.02:1 or 2.67%

 

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:

 

1. Compliance with the development standard is unreasonable or unnecessary in the circumstances of the case – clause 4.6(3)(a) I submit that compliance with the standard is unreasonable or unnecessary in the circumstances of the case because the proposal complies with the objectives of the standard and the zone. Please see the assessment under 4 – The proposed development will be in

the public interest because it is consistent with the objectives for development within the zone in which the development is proposed to be carried out – clause 4.6(4)(a)(i).

In addition to consistency with the objectives of the standard and the zone, the proposed development represents a high degree of compliance with the predominant LEP and DCP building envelope controls which therefore demonstrates that the FSR can be supported on the site and that strict compliance with the development standard is unreasonable or unnecessary.

 

The proposed development complies with the LEP height control and predominately complies with the 8m wall height control, with the entire southern building being well under the 8m wall height allowance. Furthermore, the proposed development represents a high degree of compliance with the Randwick DCP controls and in particular with the front, side and rear setbacks, landscaped open space, solar access and natural ventilation. 

 

The high degree of compliance and lack of amenity impacts to neighbouring properties is confirmation that the proposed additional FSR of 5.3m2 is supportable by way of this Clause 4.6 Variation. Furthermore, it is considered that the additional FSR will not be reasonable for any greater impacts than that which is contemplated by the LEP and DCP controls and will not result in any additional bulk or scale impacts beyond that of a complying development. 

 

The compliant 3 storey nature of the proposed residential flat building is consistent with the residential flat buildings in the streetscape which therefore ensures that the FSR variation would be indiscernible in this circumstance. Given the minor nature of the variation, in that it represents a GFA of 5.3m2 and the high degree of compliance with the other building envelope controls, the proposed residential flat building will not appear as a dwelling that is over the permissible floor space ratio. 

 

The recessed and highly articulated nature of the building combined with the use of a variety of different materials and finishes further minimises the perception of bulk and scale from a streetscape perspective whilst the central landscape courtyard provides for a pleasant outlook from the neighbour properties and further diminishes the visual impact of the additional floor space, when viewed from the east or west.

 

The absence of environmental impacts associated with the proposed additions in regard to view loss, shadows and privacy further underlines the reasonableness of the FSR variation in this instance.

 

The combination of these aspects of the proposal as well as its landscaped setting, confirm that the variation is justified in this instance. 

 

It is thereby considered that the circumstances are particular to the subject site which confirms the reasonable nature of the variation in this instance.

 

The Variation Allows for a Better Planning Outcome 

 

The variation also allows for a better planning outcome internally whilst also supporting apartment typologies that are well sought after in this locality. It is considered that the provision of an additional 5.3m2 floor space allows for a greater degree of high quality residential accommodation in a compliant form of development (as established by the compliant height and setbacks and thus the desired building envelope). Furthermore, it is considered that the proposed FSR is associated with a more appropriate building density than if it were associated with a compliant FSR, given that the variation supports compliant 2 bedroom, 2 bathroom unit sizes which results in a desirable form of development in this highly sought after location.

 

I therefore submit that strict compliance with the standard is unreasonable and unnecessary in the particular circumstances of the case.

 

2. Sufficient environmental planning grounds to justify contravening the development standard – clause 4.6(3)(b) The additional FSR is not responsible for any greater environmental impacts than a proposal with a compliant height. Given the lack of overshadowing, view and privacy impacts, there is no sound planning justification to reduce the proposed FSR. 

It is also reiterated that there are no external impacts associated with the additional FSR nor are there any bulk or scale impacts. It is considered that the additional FSR is associated with an appropriate form of development for the subject site and is compatible with the residential flat building to the west and south of the subject site, in addition to being of a similar form, bulk and scale to the semi-detached dual occupancies to the east of the site. It is therefore confirmed that the increased FSR is not associated with an overdevelopment of the subject site, particularly given that it complies with the height and setback controls and therefore the recommended building envelope for the subject site.

 

The positive streetscape and landscape outcomes associated with the proposed

development, high internal amenity and lack of external amenity impacts as well as the replacement of an outdated dwelling house with 5 high quality residential units within the R3 Medium Density Residential zone, confirms that there are sufficient environmental grounds to support the additional FSR of 0.09:1 or 5.3m2. Given the minor nature of the variation and indiscernible streetscape impacts, there is no sound planning justification in maintaining the FSR standard in this instance. 

 

3. Adequately addressed the matters required to be demonstrative by subclause (3) – clause 4.6(4)(a)(i)

Please see submission in relation to clause 4.6(3)(a)(i) and (ii) above.

 

4. 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 – clause 4.6(4)(a)(ii)

The proposed FSR variation is considered to be justified on the following basis:

 

RLEP 2012 FSR Objectives:- 

4.4 Floor Space Ratio 

(1)  The objectives of this clause are as follows:

 

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

 

Assessment: It is considered that the proposed building envelope which is established by the Council height limits and setbacks is appropriate for the site and determines the style of development along this section of Hooper Street.

 

As demonstrated throughout the Statement of Environmental Effects and on the

accompanying architectural plans, the proposed front, side and rear setbacks are compliant with the DCP setback objectives and provisions, given that the site has a width of less than 12m and as such, is subject to a merit based assessment. In this regard, the setbacks are consistent with the eastern and western neighbour properties and the bulk and scale of the development is compatible with those other residential flat buildings to the west and south of

the site and three blocks to the east. 

 

This confirms that the proposed development is of a size and scale that is compatible with the existing and desired future character of the locality as the floor space ratio is contained within a compliant building envelope and the overall built form is consistent with the existing pattern of development along this section of Hooper Street. 

 

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

 

Assessment: The proposed residential flat building has been designed to be highly articulated to allow for all dwelling units to have a dual aspect and north-south orientation. This has been achieved through the arrangement of apartments and overall built form, including the provision of 4 split level apartments that have balconies on both the northern and southern sides allowing for a high degree of natural ventilation and sunlight. 

 

The choice of colours, materials and finishes combined with this design response provides for a high quality and excellent streetscape outcome for this section of Hooper Street. The proposed floor space ratio is also provided in an articulated manner within the built form which provides for a high degree of compliance with solar access, light and ventilation to each of the units.

 

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

 

Assessment: The proposed development is not in a conservation area and is not adjacent to any heritage items. 

 

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

 

Assessment: Importantly, the proposed floor space ratio beyond the 0.75:1 is not considered to be responsible for any significant or discernible impacts from that associated with a compliant development. There are no significant shadow impacts associated with the additional floor space ratio as demonstrated by the shadow diagrams. 

 

In addition, there are no adverse privacy impacts generated by the additional FSR through the provision of north and south facing living areas, placement of windows and bedrooms to ensure there is no direct overlooking and the incorporation of a high quality landscaped setting. 

 

Furthermore, the above assessment demonstrates that the floor space ratio beyond the 0.75:1 is not responsible for any significant or unreasonable impact beyond that of a compliant building. In this regard, it is reiterated that the proposed building envelope is of a compliant nature and that it provides for excellent streetscape and internal amenity outcomes whilst also having limited external impacts. The Clause 4.6 variation submitted with the proposal is also considered to comprehensively address the relevant objectives of the standard identified in the contention.

 

Consistency with the Objectives of the Zone R3 Medium Density Residential

Zone R3 Medium Density Residential

Objectives of zone

 

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

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

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

 

Assessment: The replacement of the existing outdated dwelling house with 5 high quality residential units is considered to achieve the primary objectives of the medium density residential zone.

 

The proposed floor space ratio provides for 5 x 2 bedroom, 2 bathroom units which is consistent with the density of development provided within the adjacent residential flat buildings to the south of the subject site. 

 

It is therefore considered that the FSR variation does not raise any conflict with attainment of the zone objectives.

 

In addition to compliance with the objectives of the standard and the zone there are further circumstances that support that the submission that the proposal is in the public interest.

 

The variation is considered to be in the public interest, given that there are no adverse amenity impacts associated with the additional FSR. The articulated nature of the building and recessed upper level ensures that the development will be perceived in a harmonious manor with the surrounding built context, which further ensures that there is no public interest matter associated with this variation. Therefore, it is reiterated that the proposal is thereby in the public interest.

 

Other Matters - Consistency with State and Regional Planning Policies 

Assessment: The increased density on the subject site is entirely reasonable and appropriate given its proximity to a host of services including shops, public transport and high quality recreational areas. The additional density is therefore suited to the site and provides for additional housing a high quality and appropriate manner. The replacement of a low density form of development with a medium density form as encouraged by the controls, is consistent with the desired future character and intent to increase densities in well serviced areas. 

 

Conclusion 

The above assessment has demonstrated that the FSR control is unreasonable and unnecessary in the circumstances and that there would be no public benefit in maintaining the development standard in this instance. 

 

It has also been demonstrated that the proposed FSR meets the objective to an equal or better degree than a compliant development. 

 

This is due to the demonstration that the proposed additional FSR will provide for improved amenity to the proposed dwelling units whilst having no adverse visual, streetscape or amenity impacts that would preclude support of the proposal. This is displayed by the modest street presentation of the residential flat building to the streetscape and the lack of environmental impact. The provision of 5 high quality residential dwelling units with compliant solar access, daylight, ventilation and outlook represents superior amenity to the subject site, thereby achieving a better planning outcome. 

 

For reasons mentioned herein, this Clause 4.6 variation is forwarded to Council in support of the variation to the FSR associated with the development proposal at 11 Hooper Street, Randwick and is requested to be looked upon favourably by Council.

 

Assessing Officer’s Comments:

 

·      The proposal consists of two separate built forms and is an appropriate response to the site and its constraints. The front building addresses the street and has a frontage setback which matches those on either side. The two forms provide for 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 of the proposed development is consistent with other residential flat buildings along the street. 

·      The proposal will provide sufficient private open spaces. A comprehensive landscape plan has been proposed. Large vegetation on the site, including the large Gum tree within its rear, will be maintained, and existing and proposed vegetation 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 view sharing, and visual privacy provisions of the RDCP 2013.

·      The proposed building features 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 proposal is divided into two built forms which address the street, while providing for solar access and cross ventilation. The proposal will provide more than adequate 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 DCP – Public Notification. As a result of this notification, the following submissions were received:

3 Hooper Street

3a Hooper Street

6 Hooper Street

7 Hooper Street

9 Hooper Street

12 Hooper Street (x2)

13 Hooper Street

13A Hooper Street

14 Hooper Street

20 Hooper Street

34 Hooper Street

37 Hooper Street

41 Hooper Street

42 Hooper Street

45 Hooper Street (x2)

46 Hooper Street

52 Hooper Street

53 Hooper Street

Unit 4/59-61 Gilderthorpe Avenue

Residents of Hooper Street (x2) – unknown and unobtainable addresses

 

Issue

Comment

1.   General safety concerns relating to building works and construction traffic. Asbestos removal also needs to be adequately managed. 

2.   Concerns about construction times and construction management. The amenity of adjoining rental property will be impacted during construction.

3.   Accessibility and safety issue for trucks during construction. Further, trucks should not attend the construction site on weekends.

4.   Excavations could damage adjoining property and they should be set back further from the boundaries. A dilapidation report should be prepared.

5.   The large tree within the rear of the site should be retained and protected during construction.

6.   “Heritage” features of the existing dwelling on the site should be retained.

7.   Residential noise will increase from the site.

8.   The building will not be in character with the streetscape and is an overdevelopment of the site.

9.   The proposed building will overshadow No. 13, 13a and 15 Hooper Street.

10. The building will overlook the rear yards of No. 13 and 13a Hooper Street.

11. The proposal lacks landscaped open space.

12. Concerns about additional on-street parking demands and additional traffic volumes.

 

1.   Conditions are recommended concerning the development of a construction traffic management plan and asbestos management.

2.   Standard conditions are recommended to limit construction impacts.

3.   These issues will also be addressed by the submission of a Construction Traffic Management Plan which has been conditioned in this consent. This will include a Work Zone along the Hooper Street site frontage. In recognition of the relatively narrow width of Hooper Street it has also been conditioned in this consent that all trucks serving the site be restricted to a maximum length of 12.5m rigid. No B-Doubles will be permitted to serve the site.

4.   Appropriate conditions are recommended to protect and support adjoining property and require the preparation of a dilapidation report where the works are in the zone of influence of the footings of neighbouring buildings.

5.   The large Gum tree is to be retained and protected. Refer development engineering’s landscaping comments.

6.   The existing dwelling on the site has no heritage protection under Council controls.

7.   The proposal will result in additional residents on the site. Additional residents may generate increased noise, but this is not an unexpected outcome within the Medium Density Residential zoning.

8.   The proposal is generally compliant with the controls of the RDCP 2013 and the Apartment Design Guide, and the height standard of the RLEP 2012. The infringement of the RLEP 2012’s floor space ratio standard has been assessed under key issues, above.

9.   Refer to assessment below.

10. Appropriate privacy measures are proposed to preserve the privacy of these sites, including high level windows and fixed privacy screens.

11. The proposal complies with the RDCP 2013’s minimum landscaped open space requirements.

12. The proposal complies with the parking requirements of the RDCP 2013. Additional traffic is likely on Hooper Street; however, the intent of the zone is to allow for medium density residential development, and the additional traffic generated will be accommodated in the existing street network.  

 

Communal Open Space

 

The proposal provides 10.3% of communal open space within a central courtyard. The courtyard features limited usable space and is to be dominated by pathways. The RDCP 2013 requires useable communal open space and the Apartment Design Guidelines (ADG) requires usable communal open space that has an area equal to 25% of the site area. 

 

The proposed non-compliance is not inconsistent with the intent of the ADG or the objectives of the RDCP 2013, and will generate no significant adverse impacts in terms of onsite residential amenity. In particular, the site will exceed the minimum landscaped open space requirements of the RDCP and existing and proposed trees will feature prominently on the site. The site is located in close proximity to local parks and the Frenchmans Road local centre, which will provide further amenity to future residents. Further, the proposal will provide quality private balcony and terrace spaces, which all exceed the ADG requirements and have adequate space for residents to utilise for a variety of recreational uses.

 

Solar Access

 

The proposal will reduce solar access to west facing living area windows of the site to the east – 13 Hooper Street to less than the 2hrs on 21 June that are required by the Apartment Design Guidelines. Note: The private open spaces and balconies of surrounding neighbours will continue to receive over 2hrs of direct solar access on 21 June. 

 

The proposed non-compliance is not inconsistent with the relevant objectives of the ADG, and will generate no significant adverse impacts in terms of onsite residential amenity. The solar access reduction does not result from poor design as the proposal will comply with the height controls of the RLEP 2012. Larger side setbacks would not result in significant solar access improvements. Solar access will be maintained to north facing windows and verandahs of the building on 13 Hooper Street and significant indirect light will still be received by west facing balconies and living area windows on 21 June. Further, the proposed development will feature a central courtyard design which will allow direct solar access to some west facing windows and balconies of the adjacent development during the late afternoon of 21 June.  

 

It is noted that solar access to the windows and verandahs will be retained during other times of the year due to the higher positon of the sun.

 

Building Façade – Sub-Section 4.1

The proposed maximum segment length of the side elevation of the front building will be 16.8m (west) and 15.8m (east). That of the rear building will be 12.6m (both sides). The RDCP 2013 sets a maximum side elevation segment length of 10m.

 

The proposed non-compliances are not inconsistent with the relevant objectives of the RDCP 2013 and will not generate adverse impacts in terms of the residential amenity of neighbouring sites or the character and amenity of the streetscape. In particular, articulation is provided through window and door placement along the side elevations and material choices, including proposed sun hoods, awnings and composite timber battens. The proposed elevations will comply with the side setback requirements of the RDCP 2013. Landscape screening is proposed adjacent to both side boundaries, and this will partly screen and minimise the built form when viewed from adjoining sites. The proposed development will have more articulation than several buildings along Hooper Street, due to its two building forms.   

 

External Wall Height – Sub-Section 4.4

The proposal has a maximum external wall height of 8.66m-8.96m (east) and 8.61m-9.32m (west) for building block ‘A’ and wall heights between 7.19m-7.76m (east) and 7.36m-8.05m (west) for building block ‘B’. The RDCP 2013 sets a maximum wall height of 8m for the site.

 

The proposed non-compliance is not inconsistent with the relevant objectives of the RDCP 2013 and will not generate significant adverse impacts in terms of the residential amenity of adjoining sites or the character of the area. The external wall height will not directly result in non-compliances with the solar access or visual privacy provisions of the ADG or RDCP 2013. The proposed wall height non-compliance mainly results from the slope of the site and not from poor design. The proposed building features two built elements with adequate material articulation to minimise visual dominance in its setting. Therefore, the resulting built form will not be overly dominant in the setting. The proposal will comply with the overall building height control of the RLEP 2012 and the overall height and form of the building is comparable to existing buildings and the desired future character, set by the Medium Density zoning, along Hooper Street.

 

Side and Rear Setbacks

Due to the frontage width of less than 12m, the RDCP 2013 requires a merit assessment of the proposed side setbacks. Setbacks of 1.5m (west) and 1.46m (east) are proposed for all levels.

 

The proposed setbacks are considered to comply on merit. In particular, building massing will be adequately broken-up into two main forms and will not result in long unrelieved walls adjoining side boundaries. Side setbacks are comparable to those on surrounding sites and the proposed setbacks will therefore be consistent with the established character within the context. Further, access pathways and podium landscaping are proposed within side setbacks, and these features will contribute to the proposed buildings blending in with the existing context.

 

The proposed ground floor level rear decks will not comply with the required rear setback of 7.34m as they will be raised more than 1.2m above ground level and will be setback a minimum of 4.1m from the rear boundaries. A condition is recommended to reduce the depth of the rear decks to 1m. This will result in a rear setback between 6.6m and 7.1m. Such a rear setback will comply on merit as the decks will be small and non-bulky projections into the rear setback. The setbacks will be comparable to the rear setback of the apartment building on the adjoining site to the west. Further, separation distances and side wall projections of the building will generally preserve the privacy of adjoining sites.   

 

Visual Privacy

It is considered that the proposal generally satisfactorily addresses visual privacy by way of high level windows and fixed privacy screens. Some privacy protection is required due to raised pedestrian walkways down both side boundaries. A condition is recommended to require privacy screens 1.6m high above the finished levels of the walkways to ensure privacy is maintained to adjoining sites.  

 

A condition has been recommended that require all openings within privacy screens to not exceed 25% of the area of the screen.

 

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 exception 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/907/2015 for the demolition of the existing dwelling, construction of a part 2/part 3 residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works (variation to floor space ratio control), at No. 11 Hooper Street, Randwick, subject to the following non-standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-Standard Conditions:

 

Amendment of Plans & Documentation

2.     The approved plans and documents must be amended in accordance with the following requirements with details to be shown on construction certificate plans:

 

a.     Bedroom 2 of Apartment 101 shall be increased in size to not less than 9m2, using floor area from adjoining rooms.

b.     Operable high-level windows shall be installed within all north and south facing balcony doors to allow for secure ventilation of the interior of the apartments.

c.     The metal rails of the frontage fencing and the whole of the gates shall be designed to be a minimum of 30% open.

d.     The ground floor level decks to the rear of building ‘B’ shall not exceed a depth of 1m from the rear wall line of Building ‘B’. This does not apply to access stairs below 1.2m above ground level.  

e.     A privacy screen with a height of 1.6m above the finished level of the walkway shall be installed along the western side of the western walkway for a length of 8m from the walkways southern edge.

f.     A privacy screen with a height of 1.6m above the finished level of the walkway shall be installed along the eastern side of the eastern walkway from the walkways southern edge to the front wall line of building ‘A’.

g.     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 - 11 Hooper Street, RANDWICK 

Included under separate cover

 


DA Compliance Report - 11 Hooper Street, RANDWICK

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder/DA No:

DA/907/2015

Property:

11 Hooper Street, Randwick

Proposal:

Demolition of the existing dwelling, construction of a part 2/part 3 residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works (variation to floor space ratio control).

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.       SEPPs

 

State Environmental Planning Policy (BASIX) 2004

 

In accordance with the SEPP BASIX all new housing in NSW is required to meet a designated target for energy and water reduction. A BASIX Certificate was submitted with the application, which indicates that the proposal meets the required reduction targets. Amended plans were received and no updated BASIX certificate supplied, a condition is recommended requiring the submission of a new BASIX Certificate. The proposal therefore satisfies the requirements of the SEPP.

 

SEPP 65 – Design Quality of Residential Flat Development

 

The above policy applies to residential flat building with 3 or more storeys and 4 or more dwellings and applies to the proposed development. The proposal was presented to the Design Review Panel (DRP) at its meeting in February 2016, the following comments were received:

 

Panel Comments

 

This is a DA and the third time the Panel has seen this proposal, the Panel’s most recent report being in October 2014.  There has been a change of architect since the Panel last saw the application.

 

The application is for a two and three storey apartment development in two blocks connected by an underground carpark. It would contain five units and eight car spaces beneath.  It is located in an area that is characterized by a variety of residential building types. 

 

The 558.1m² site is north-facing and slopes to the south (away from Hooper St) by approximately 3m - making it a difficult site to use and to access by car.

 

The documentation submitted is very extensive, but a little difficult to interpret with regard to a couple of key issues, such as the courtyard design and screening.

 

Principle 1: Context and Neighbourhood Character

 

This fine street contains a mix of housing types. To the east of the site there is a one and two storey cottage and to the west a three storey red brick apartment building of the 1960s.  The proposal should be an opportunity to make a positive contribution within this context.  This issue is discussed below.

 

Principle 2: Built Form and Scale

 

The architect has continued to develop the Panel’s suggested alternative site strategy.  The proposal now has the very positive attributes of;

 

·      a front building addressing the street, and separated by a landscape courtyard from a lower rear building

·      the courtyard would provide a much better interface with the adjoining buildings than a linear slab-type arrangement

·      3 full storeys to the street (with an attached lower 2 storey section to the rear)

·      some screened openings towards the courtyard for privacy

·      the rear building is lower and has side setbacks that are not out of character for the area

·      all units would be cross ventilated, with additional light and air from above

·      the required landscape areas can be provided in the front, centre and rear of the site

·      four of the units are two-storey, in distinct arrangements which are tailored to their location on the lot.

 

The Panel considers that further design development is required before the proposal is satisfactory.  The applicant should give consideration to the following;

·      Increased usefulness of outdoor space - If the central courtyard could be reached by an entry path on the east (Units 201 and 202 could still enter from the street) Unit 101 would then be able to be rearranged to take advantage of private outdoor space on the west as well as north. It could also have the living room facing north and addressing the street

·      Privacy across the courtyard remains a major concern. Does the South Elevation to Building A really need such large glazed openings?

·      Unit 103 could be accessed from an extended eastern entry path and entry door closer to the living room and Unit 102 could enter by passing through the courtyard and then along the west boundary to an entry near the living room.  This would allow the courtyard to be designed more as a communal garden.

·      Given the few vehicular movements the driveway width could be reduced to the minimum of 3.6m, including kerbs

·      Fire egress from the basement would need to be reconsidered.

·      A smaller, domestic-type lift would increase opportunities for better internal and external space.  It could possibly service Level 1 if moved more to the centre if the basement requirements will allow. The lift as currently shown may have lift over-run issues.

·      Alternatively the building could work quite well without a lift.

·      The central courtyard could be de-cluttered if the number of stepping walls was reduced and new areas found for bins, otherwise the courtyard is just a series of paths.

·      Units 201 and 202 should have living rooms and terraces facing the street and optimising the northern orientation.  This would make privacy between the front and rear units more easy to achieve.

·      The entry canopy is rather overstated, and provides little shelter. It should be simplified so that it is more functional, and does not compete with the overall massing.

 

Detailed sections are still required, showing the relationship to neighbours and the vehicle access ramp and basement.

 

BCA advice should be sought with regard to window openings.  It should be possible to achieve ventilation with some good fire safety advice for the east and west windows where they are currently shown as fixed fire rated glass.

 

The proposed building appears to be wholly below the 9.5m height limit; however it is unclear if it complies with side wall height limits and whether this would be significant.

The applicant needs to confirm that the thicknesses shown for retaining walls are correct.

It is unclear how the proposed “floodway” under building B connects to the adjoining sites and this needs to clarified on the drawings.  The building should be designed so that the structure for the floodway is a thoughtfully integrated part of the architecture.  To this end the slab edges and beams will need to be understood and dealt with.

 

Officers Comments

 

The applicant has sought to address the panel’s concerns in amended plans and a letter dated 12 May 2016. In general, the applicant has addressed the concerns of the panel. Internal layout changes to units 201 and 202 were rejected by the applicant as being impractical from an internal layout perspective - this opinion is concurred with.  

 

Principle 3: Density

 

The proposed density of 0.759:1 is over the Floor Space Ratio (FSR) of 0.75:1 in the LEP.  This, it is claimed by the applicant, amounts to an additional 5.3m² of floor space – this needs to be checked. As it is unlikely that this marginal increase would have unreasonable impacts on neighbours, the proposed FSR is supported by the Panel.

 

Officers Comments

 

A FSR of 0.77:1 is now proposed. This results in 11.7m2 of additional gross floor area above the 0.75:1 control set by the RLEP 2012. The FSR ratio and clause 4.6 exception request is assessed within the executive summary report. 

 

Principle 4: Sustainability

Provided that as the design is developed, good performance could be readily achieved. Better use of the northern orientation should be able to be achieved if the above recommendations are addressed.

 

Solar and weather protection for windows should be provided and windows must be detailed to permit them to provide cross ventilation that is secure at all times. This needs to be clarified on the window schedule and noted on drawings.

 

The Panel notes that in the revised layout most bathrooms would enjoy natural light and air. Other issues to be addressed for DA submission include:

 

-    Water retention for garden watering and car washing should be provided.  The provision of water tanks is indicated.  Their capacity should be noted.

-    Ceiling fans should be provided in bedrooms.  These should be shown the drawings.

-    Outdoor clothes drying areas should be provided.

 

Skylights have been provided over the stairs which is commendable.  The type of skylight selected needs to avoid heat build-up and allow ventilation.

 

Officers Comments

·    The applicant has stated that the rainwater tanks provided will be used for garden irrigation and the carwash bay.

·    Ceiling fans have now been proposed to bedrooms.

·    Clothes drying areas have been provided. .

·    Skylights are now proposed to be ventilated.   

 

Principle 5: Landscape

The Panel notes that, despite the small lot size, the proposal comfortably exceeds both the deep soil and overall landscape area requirements.

 

The possibility of a pocket of deep soil or a deeper planter in the central courtyard should be investigated.  It appears on the Section 1 and North Elevation Building B that the slabs could fold down in some areas.  A large tree in this area could help to create privacy between units and from the neighbours where windows face directly into this space.

 

The courtyard planters and walls should be simplified to make more soil area and less hard surfaces. The depth of soil available in the courtyard planters needs to be indicated.

 

Officers Comments

Design amendments have added additional landscaping. Refer assessment comments under “key issues” below.

 

Principle 6: Amenity

The unit plans are considered a little too prescriptive and there should be more flexibility for larger living rooms.  To this end the kitchens may be a bit too large and the floor finish for the entire floor (living, kitchen and dining) could be considered as one so that there is less delineation.

 

The laundry and WC under the stair (Units 201 and 202) do not appear to meet ADG standards.

 

There is a general issue to consider in that most of the bathrooms are located over the main living rooms, plumbing, bulkheads and risers will need to be integrated with the design.

 

Officers Comments

 

It is not clear what standards of the ADG that the panel is referring to. The laundry and WC have adequate dimensions.

 

Principle 7: Safety

Generally satisfactory.  The treatment of floodway areas should be discussed with Council.

 

Officers Comments

Floodway areas and their design have been reviewed by the engineering team and no issues have been raised.

 

Principle 8: Housing Diversity and Social interaction

This is a suitable location for the modest increase in density proposed.

 

Officers Comments

Residential flat buildings are permitted with consent within the R3 - Medium Density Residential Zone.

 

Principle 9: Aesthetics

It is the Panel’s opinion that the elevation to Hooper Street is over-complicated.  Its large gestures are out of scale and character with the street.  It would benefit greatly from simplification including removal of the “double frame” and the “pergola” over the entry stairs.

 

Officers Comments

The applicant’s amendments have removed the screening on the front façade and the entry canopy at the front façade is proposed to feature clear sheeting for weather protection. The elevation is now considered to not be over-complicated.

 

Summary and Recommendations

Generally, this is a very complete application.  The Panel would like to review it again when the above noted issues have been discussed with Council.

 

Officers Comments

Comments from the panel have been taken into consideration and considered, as discussed above. The proposal is now considered to meet the intent of SEPP 65. It is considered that the proposal is not required to go back to the panel for further discussions.

 

2.       Randwick LEP 2012

 

The subject site is zoned Medium Density R3 under Randwick LEP 2012. The proposal development is classified as a residential flat building and is permissible in the zone. The zoning objectives are addressed as follows:

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.75:1

0.77:1

No

Height of Building (Maximum)

9.5m

9.32m

Yes

Lot Size (Minimum)

N/A

N/A

N/A

 

3.       Randwick Comprehensive DCP

 

3.1      C2 Table: Medium Density Residential

 

Randwick Development Control Plan

 

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

 

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

 

B6 Recycling and Waste Management

 

DCP Clause

Control

Proposal

Compliance

4.

On-Going Operation

 

 

 

(iv) Locate and design the waste storage facilities to visually and physically complement the design of the development. Avoid locating waste storage facilities between the front alignment of a building and the street where possible.

Waste storage partly proposed at basement level, separate area proposed within the front façade – adequately screened.

Complies

 

(v)  Locate the waste storage facilities to minimise odour and acoustic impacts on the habitable rooms of the proposed development, adjoining and neighbouring properties.

Adequate separation distances between the outdoor waste storage area and habitable rooms on the subject and adjoining sites.

Complies

 

(vi) Screen the waste storage facilities through fencing and/or landscaping where possible to minimise visual impacts on neighbouring properties and the public domain.

Screening proposed.

Complies

 

(vii) Ensure the waste storage facilities are easily accessible for all users and waste collection personnel and have step-free and unobstructed access to the collection point(s).

Waste storage locations are accessible.

Complies

 

(viii)Provide sufficient storage space within each dwelling/unit to hold a single day’s waste and to enable source separation.

Achieved.

Complies

 

(ix) Bin enclosures/rooms must be ventilated, fire protected, drained to the sewerage system and have lighting and water supply.

Achieved.

Complies

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

Car parking requirements:

1 space per 2 studios

1 space per 1-bedroom unit (over 40m2)

1.2 spaces per 2-bedroom unit

1.5 spaces per 3- or more bedroom unit

1 visitor space per 4 dwellings

Required

= 5 x 1.2 + (5/4) visitor

= 6 + 1.25 = 7 spaces (including 1 visitor space)

 

Proposed = 7 spaces (complies).

Complies

 

Motor cycle requirements:

5% of car parking requirement

Required = 0.35

Proposed = 0

Complies

4.

Bicycles

 

Residents:

1 bike space per 2 units

Visitors:

1 per 10 units

Required = 3 spaces

 

Proposed = 4 spaces

Complies

C2

Medium Density Residential

2

Site Planning

2.1

Site Layout Options

Site layout and location of buildings must be based on a detailed site analysis and have regard to the site planning guidelines for:

·      Two block / courtyard example

·      T-shape example

·      U-shape example

·      Conventional example

Two block with courtyard in the middle proposed. Suitable for narrow, slopping site. Main habitable windows generally orientated to the front and rear.

Complies

2.2

Landscaped Open Space and Deep Soil Area

2.2.1

Landscaped Open Space

 

A minimum of 50% of the site area is to be landscaped open space.

Proposed = 53.7%

Complies

2.2.2

Deep Soil Area

 

(i)   A minimum of 25% of the site area should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting.

 (ii) Deep soil areas must be located at ground level, be permeable, capable for the growth of vegetation and large trees and must not be built upon, occupied by spa or swimming pools or covered by impervious surfaces such as concrete, decks, terraces, outbuildings or other structures.

(iii)  Deep soil areas are to have soft landscaping comprising a variety of trees, shrubs and understorey planting.

(iv) Deep soil areas cannot be located on structures or facilities such as basements, retaining walls, floor slabs, rainwater tanks or in planter boxes.

(v)  Deep soil zones shall be contiguous with the deep soil zones of adjacent properties.

Refer assessment against the Apartment Design Guideline Controls.

2.3

Private and Communal Open Space

2.3.1

Private Open Space

 

Private open space is to be:

(i)   Directly accessible from the living area of the dwelling.

(ii)  Open to a northerly aspect where possible so as to maximise solar access.

(iii)  Be designed to provide adequate privacy for residents and where possible can also contribute to passive surveillance of common areas.

Adequate layout, accessibility and solar access proposed for all private open spaces.

Complies

 

For Residential Flat Buildings:

(vi) Each dwelling has access to an area of private open space in the form of a courtyard, balcony, deck or roof garden, accessible from with the dwelling.

(vii) Private open space for apartments has a minimum area of 8m2 and a minimum dimension of 2m.

Min. area of 12m2 proposed for each dwelling, exceeds 2m dimension.

Complies

2.3.2

Communal Open Space

 

 

 

Communal open space for residential flat building is to be:

(a)  Of a sufficient contiguous area, and not divided up for allocation to individual units.

(b)  Designed for passive surveillance.

(c)  Well oriented with a preferred northerly aspect to maximise solar access.

(d)  Adequately landscaped for privacy screening and visual amenity.

(e)  Designed for a variety of recreation uses and incorporate recreation facilities such as playground equipment, seating and shade structures.

Small area of communal space within the middle of the site. Inadequate size and layout for usability as just two pathways.  

Non-compliant – refer key issues comments.

3

Building Envelope

3.1

Floor space ratio

 

Max. = 0.75:1

 

 

Proposed = 0.77:1

Non-compliant – refer key issues.

3.2

Building height

 

Max. = 9m

 

Proposed = 9.32m

Complies

3.3

Building depth

 

For residential flat buildings, the preferred maximum building depth (from window to window line) is between 10m and 14m.

Any greater depth must demonstrate that the design solution provides good internal amenity such as via cross-over, double-height or corner dwellings / units.

Max. depth of 13.1m

Complies

3.4

Setbacks

3.4.1

Front setback

(i)     The front setback on the primary and secondary property frontages must be consistent with the prevailing setback line along the street.

Notwithstanding the above, the front setback generally must be no less than 3m in all circumstances to allow for suitable landscaped areas to building entries.

(ii)     Where a development is proposed in an area identified as being under transition in the site analysis, the front setback will be determined on a merit basis.

(iii)    The front setback areas must be free of structures, such as swimming pools, above-ground rainwater tanks and outbuildings.

(iv)    The entire front setback must incorporate landscape planting, with the exception of driveways and pathways.

Proposed = 6m

Generally consistent with prevailing front setback line.

 

 

 

 

Landscaping planting proposed within areas of front yard not occupied by paths and driveways.

Complies

 

 

 

 

 

 

 

Complies

 

3.4.2

Side Setback

 

Residential flat building

(i)     Comply with the minimum side setback requirements stated below:

-    Less than 12m – merit assessment

(ii)     Incorporate additional side setbacks to the building over and above the above minimum standards, in order to:

-    Create articulations to the building facades.

-    Reserve open space areas and provide opportunities for landscaping.

-    Provide building separation.

-    Improve visual amenity and outlook from the development and adjoining residences.

-    Provide visual and acoustic privacy for the development and the adjoining residences.

-    Ensure solar access and natural ventilation for the development and the adjoining residences.

(iii)    A fire protection statement must be submitted where windows are proposed on the external walls of a residential flat building within 3m of the common boundaries. The statement must outline design and construction measures that will enable operation of the windows (where required) whilst still being capable of complying with the relevant provisions of the BCA.

Side setback of 1.5m (east) and 1.46m (west) to all above ground levels.

 

Complies on merit – building massing adequately broken-up into two main forms, side setbacks are comparable to those on surrounding sites, access pathways and podium landscaping proposed within side setbacks. Refer key issues for further comments.

3.4.3

Rear Setback

 

For residential flat buildings, provide a minimum rear setback of 15% (7.34m) of allotment depth or 5m, whichever is the greater.

Proposed = 4.1m

Condition = 6.6 to 7.1m

Non-compliant – refer key issues discussion.

4

Building Design

4.1

Building Façade

 

(i)     Buildings must be designed to address all street and laneway frontages.

(ii)     Buildings must be oriented so that the front wall alignments are parallel with the street property boundary or the street layout.

(iii)    Articulate facades to reflect the function of the building, present a human scale, and contribute to the proportions and visual character of the street.

(iv)    Avoid massive or continuous unrelieved blank walls. This may be achieved by dividing building elevations into sections, bays or modules of not more than 10m in length, and stagger the wall planes.

 

(vi)    Conceal building services and pipes within the balcony slabs.

Built design addresses street frontage and the front wall alignment will be parallel with the street.

 

 

Façade design reflects the function of the building.

 

 

 

Front building side length will be 16.8m (west) and 15.8m (east). That of the rear building will be 12.6m (both sides).

 

 

Services and pipes concealed.

Complies

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Non-compliant – refer key issues discussion.

 

 

 

 

 

Complies

4.2

Roof Design

 

 (i)    Design the roof form, in terms of massing, pitch, profile and silhouette to relate to the three dimensional form (size and scale) and façade composition of the building.

(ii)     Design the roof form to respond to the orientation of the site, such as eaves and skillion roofs to respond to sun access.

(iii)    Use a similar roof pitch to adjacent buildings, particularly if there is consistency of roof forms across the streetscape.

(iv)    Articulate or divide the mass of the roof structures on larger buildings into distinctive sections to minimise the visual bulk and relate to any context of similar building forms.

(v)    Use clerestory windows and skylights to improve natural lighting and ventilation of internalised space on the top floor of a building where feasible. The location, layout, size and configuration of clerestory windows and skylights must be sympathetic to the overall design of the building and the streetscape.

(vi)    Any services and equipment, such as plant, machinery, ventilation stacks, exhaust ducts, lift overrun and the like, must be contained within the roof form or screened behind parapet walls so that they are not readily visible from the public domain.

(vii)   Terraces, decks or trafficable outdoor spaces on the roof may be considered only if:

-    There are no direct sightlines to the habitable room windows and private and communal open space of the adjoining residences.

-    The size and location of terrace or deck will not result in unreasonable noise impacts on the adjoining residences.

-    Any stairway and associated roof do not detract from the architectural character of the building, and are positioned to minimise direct and oblique views from the street.

-    Any shading devices, privacy screens and planters do not adversely increase the visual bulk of the building.

(viii) The provision of landscape planting on the roof (that is, “green roof”) is encouraged. Any green roof must be designed by a qualified landscape architect or designer with details shown on a landscape plan.

Roof design responds to the form of the building and the site.

 

No consistent roof form within the street.

 

Roof form mass not excessive due to central courtyard design of building.

 

 

Ventilating skylights proposed for solar admission.

 

 

No mechanical services proposed to roof.

 

No rooftop terraces or decks proposed.

 

Complies

4.4

External wall height and ceiling height

 

(ii)  Where the site is subject to a 9.5m building height limit under the LEP, a maximum external wall height of 8m applies.

Building block ‘A’ wall heights between 8.66m-8.96m (east) and 8.61m-9.32m (west).

 

Building block ‘B’ wall heights between 7.19m-7.76m (east) and 7.36m-8.05m (west).

Non-compliant – refer key issues discussion.

 

(iii)  The minimum ceiling height is to be 2.7m for all habitable rooms.

Achieved.

Complies

4.5

Pedestrian Entry

 

 (i)    Separate and clearly distinguish between pedestrian pathways and vehicular access. 

 Achieved.

Complies

 

(ii)     Present new development to the street in the following manner:

-    Locate building entries so that they relate to the pedestrian access network and desired lines.

-    Design the entry as a clearly identifiable element in the façade composition.

-    Integrate pedestrian access ramps into the overall building and landscape design.

-    For residential flat buildings, provide direct entries to the individual dwellings within a development from the street where possible.

-    Design mailboxes so that they are convenient to residents, do not clutter the appearance of the development at street frontage and are preferably integrated into a wall adjacent to the primary entry (and at 90 degrees to the street rather than along the front boundary).

-    Provide weather protection for building entries.

Postal services and mailboxes

(i)     Mailboxes are provided in accordance with the delivery requirements of Australia Post.

(ii)     A mailbox must clearly mark the street number of the dwelling that it serves.

(iii)    Design mail boxes to be convenient for residents and not to clutter the appearance of the development from the street.

Entries are clearly identifiable and are accessible from the street. The mail box has been integrated into the front fence form; the proposal complies with the relevant objectives and controls.

Complies

4.6

Internal circulation

 

 (i)  Enhance the amenity and safety of circulation spaces by:

-     Providing natural lighting and ventilation where possible.

-     Providing generous corridor widths at lobbies, foyers, lift doors and apartment entry doors.

-     Allowing adequate space for the movement of furniture.

-     Minimising corridor lengths to give short, clear sightlines.

-     Avoiding tight corners.

-     Articulating long corridors with a series of foyer areas, and/or providing windows along or at the end of the corridor.

Limited internal corridors proposed due to external accesses to dwellings. Stairways to basement and pathways are an adequate width and avoid tight corners.

Complies

 

(ii)     Use multiple access cores to:

-    Maximise the number of pedestrian entries along a street for sites with wide frontages or corner sites.

-    Articulate the building façade.

-    Limit the number of dwelling units accessible off a single circulation core on a single level to 6 units.

No cores proposed.

N/A

 

(iii) Where apartments are arranged off a double-loaded corridor, limit the number of units accessible from a single core or to 8 units.

N/A

N/A

4.7

Apartment layout

 

 (i) Maximise opportunities for natural lighting and ventilation through the following measures:

-     Providing corner, cross-over, cross-through and double-height maisonette / loft apartments.

-     Limiting the depth of single aspect apartments to a maximum of 6m.

-     Providing windows or skylights to kitchen, bathroom and laundry areas where possible.

Providing at least 1 openable window (excluding skylight) opening to outdoor areas for all habitable rooms and limiting the use of borrowed light and ventilation.

All apartments to be corner apartments.

 

Windows proposed to all kitchens, and main bathrooms.

 

Operable windows and doors to outdoor areas for all units.

 

Complies

 

(ii)  Design apartment layouts to accommodate flexible use of rooms and a variety of furniture arrangements.

Internal layout allows for flexible use of rooms.

Complies

 

(iii)  Provide private open space in the form of a balcony, terrace or courtyard for each and every apartment unit in a development.

Achieved.

Complies

 

(iv) Avoid locating the kitchen within the main circulation space of an apartment, such as hallway or entry.

Avoided for all units.

Complies

4.8

Balconies

 

(i) Provide a primary balcony and/or private courtyard for all apartments with a minimum area of 8m2 and a minimum dimension of 2m and consider secondary balconies or terraces in larger apartments.

Achieved for all units. Minimum size of 12m2.

Complies

 

(ii) Provide a primary terrace for all ground floor apartments with a minimum depth of 4m and minimum area of 12m2. All ground floor apartments are to have direct access to a terrace.

All ground floor apartments to feature terraces exceed 12m2 and 4m depths.

Complies

4.9

Colours, Materials and Finishes

 

 (i)    Provide a schedule detailing the materials and finishes in the development application documentation and plans.

(ii)     The selection of colour and material palette must complement the character and style of the building.

(iv)    Use the following measures to complement façade articulation:

-    Changes of colours and surface texture;

-    Inclusion of light-weight materials to contrast with solid masonry surfaces;

-    The use of natural stones is encouraged.

(v)    Avoid the following materials or treatment:

-    Reflective wall cladding, panels and tiles and roof sheeting;

-    High reflective or mirror glass;

-    Large expanses of glass or curtain wall that is not protected by sun shade devices;

-    Large expanses of rendered masonry;

-    Light colours or finishes where they may cause adverse glare or reflectivity impacts.

(vi)    Use materials and details that are suitable for the local climatic conditions to properly withstand natural weathering, ageing and deterioration.

(vii)   Sandstone blocks in existing buildings or fences on the site must be recycled and re-used.

Materials and finishes Schedule provided.

 

Materials, finishes and colours suitable for the context and contribute to façade articulation.

 

Large expanses of reflective surfaces avoided.

Complies

4.12

Earthworks, Excavation and Backfilling

 

 (i)   Any excavation and backfilling within the building footprints must be limited to 1m at any point on the allotment, unless it is demonstrated that the site gradient is too steep to reasonably construct a building within this extent of site modification.

(ii)    Any cut and fill outside the building footprints must take the form of terracing following the natural landform, in order to minimise the height or depth of earthworks at any point on the site.

(iii)   For sites with a significant slope, adopt a split-level design for buildings to minimise excavation and backfilling.

Excavation up to 4.7m proposed for basement – generally unavoidable due to the slope of the site and the need to provide basement level parking and storage.

 

 

Spilt-level design adopted for main building form.

Complies

 

Retaining walls

(iv)    Setback the outer edge of any excavation, piling or sub-surface walls a minimum of 900mm from the side and rear boundaries.

(v)    Step retaining walls in response to the natural landform to avoid creating monolithic structures visible from the neighbouring properties and the public domain.

(vi)    Where it is necessary to construct retaining walls at less than 900mm from the side or rear boundary due to site conditions, retaining walls must be stepped with each section not exceeding a maximum height of 2200mm, as measured from the ground level (existing).

Retaining setback 0mm from parts of both side boundaries. No section to exceed 2.2m above original ground level.

Complies due to height and site topography.

5

Amenity

5.1

Solar Access and Overshadowing

 

Solar Access for Proposed Development

 

(i)     Dwellings must receive a minimum of 3 hours sunlight in living areas and to at least 50% of the private open space between 8am and 4pm on 21 June.

See key issues discussion on Apartment Design Guideline Controls.

 

(ii)     Living areas and private open spaces for at least 70% of dwellings within a residential flat building must provide direct sunlight for at least 3 hours between 8am and 4pm on 21 June.

 

(iii)    Limit the number of single-aspect apartments with a southerly aspect to a maximum of 10 percent of the total units within a residential flat building.

 

(iv)    Any variations from the minimum standard due to site constraints and orientation must demonstrate how solar access and energy efficiency is maximised.

 

Solar Access for Surrounding Development

 

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

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

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

Refer assessment against the Apartment Design Guideline Controls, below.

5.2

Natural Ventilation and Energy Efficiency

 

(i)   Provide daylight to internalised areas within each dwelling and any poorly lit habitable rooms via measures such as ventilated skylights, clerestory windows, fanlights above doorways and highlight windows in internal partition walls.

Adequate number and positioning of windows and ventilated skylights for daylight admission and ventilation to interior of apartments.

Complies

 

(ii)  Sun shading devices appropriate to the orientation should be provided for the windows and glazed doors of the building.

Adequate sun shading devices proposed.

Complies

 

(iii)  All habitable rooms must incorporate windows opening to outdoor areas. The sole reliance on skylight or clerestory windows for natural lighting and ventilation is not acceptable.

Achieved.

Complies

 

(iv) All new residential units must be designed to provide natural ventilation to all habitable rooms. Mechanical ventilation must not be the sole means of ventilation to habitable rooms.

Achieved.

Complies

 

(v)  A minimum of 90% of residential units should be naturally cross ventilated. In cases where residential units are not naturally cross ventilated, such as single aspect apartments, the installation of ceiling fans may be required.

100% of residential units will achieve cross ventilation.

Complies

 

(vi) A minimum of 25% of kitchens within a development should have access to natural ventilation and be adjacent to openable windows.

Achieved.

Complies

 

(vii) Developments, which seek to vary from the minimum standards, must demonstrate how natural ventilation can be satisfactorily achieved, particularly in relation to habitable rooms.

N/A

N/A

5.3

Visual Privacy

 

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

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

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

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

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

-    Translucent glazing

-    Fixed timber or metal slats

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

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

See key issues discussion on Apartment Design Guideline Controls.

5.4

Acoustic privacy

 

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

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

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

-    Double glazing

-    Operable screened balconies

-    Walls to courtyards

-    Sealing of entry doors

Adequate separate of “quiet areas” from noise generating areas.

Complies.

5.5

View Sharing

 

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

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

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

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

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

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

No view corridors have been identified as being impeded.

Complies

5.6

Safety and security

 

(i)     Design buildings and spaces for safe and secure access to and within the development.

Spaces adequately designed to enable secure visually open communal spaces. 

Complies

 

(iii)    For residential flat buildings, provide direct, secure access between the parking levels and the main lobby on the ground floor.

N/A – no lobby.

N/A

 

(iv)    Design window and door placement and operation to enable ventilation throughout the day and night without compromising security. The provision of natural ventilation to the interior space via balcony doors only, is deemed insufficient.

Balcony doors proposed to feature secure locking system for secure ventilation – likely to result in inadequate ventilation due to gap of only 9mm-13mm. Condition requiring operable windows to balcony doors for secure ventilation.    

Condition for compliance.

 

(v)    Avoid high walls and parking structures around buildings and open space areas which obstruct views into the development.

Avoided.

Complies

 

(vi)    Resident car parking areas must be equipped with security grilles or doors.

Secure car park proposed.

 

 

(vii)   Control visitor entry to all units and internal common areas by intercom and remote locking systems.

Condition

Condition for compliance.

 

(viii)  Provide adequate lighting for personal safety in common and access areas of the development.

Condition

Condition for compliance.

 

(ix)    Improve opportunities for casual surveillance without compromising dwelling privacy by designing living areas with views over public spaces and communal areas, using bay windows which provide oblique views and casual views of common areas, lobbies / foyers, hallways, open space and car parks.

Living areas proposed to overlook street. Common areas overlooked.

Complies

 

(x)    External lighting must be neither intrusive nor create a nuisance for nearby residents.

Condition.

Condition for compliance.

 

(xi)    Provide illumination for all building entries, pedestrian paths and communal open space within the development.

Condition

Condition for compliance.

6.1

Location

 

(i)   Car parking facilities must be accessed off rear lanes or secondary street frontages where available.

N/A

N/A

 

(ii)  The location of car parking and access facilities must minimise the length of driveways and extent of impermeable surfaces within the site.

Driveway lengths minimised.

Complies

 

(iii)  Setback driveways a minimum of 1m from the side boundary. Provide landscape planting within the setback areas.

Driveway side setback of 1.5m proposed.

Complies

 

(iv) Entry to parking facilities off the rear lane must be setback a minimum of 1m from the lane boundary.

N/A

N/A

 

(v) For residential flat buildings, comply with the following:

(a)   Car parking must be provided underground in a basement or semi-basement for new development.

(b)   On grade car park may be considered for sites potentially affected by flooding. In this scenario, the car park must be located on the side or rear of the allotment away from the primary street frontage.

(c)    Where rear lane or secondary street access is not available, the car park entry must be recessed behind the front façade alignment. In addition, the entry and driveway must be located towards the side and not centrally positioned across the street frontage.

Semi-basement parking proposed.

 

Car park entry recessed behind front façade.

Complies

6.2

Configuration

 

(i)   With the exception of hardstand car spaces and garages, all car parks must be designed to allow vehicles to enter and exit in a forward direction.

Achieved.

Complies

 

(ii)  For residential flat buildings, the maximum width of driveway is 6m. In addition, the width of driveway must be tapered towards the street boundary as much as possible.

Proposed width = 4.45m

Complies

 

(iv) Provide basement or semi-basement car parking consistent with the following requirements:

(a)   Provide natural ventilation. 

(b)   Integrate ventilation grills into the façade composition and landscape design.

(c)   The external enclosing walls of car park must not protrude above ground level (existing) by more than 1.2m. This control does not apply to sites affected by potential flooding.

(d)   Use landscaping to soften or screen any car park enclosing walls.

(e)   Provide safe and secure access for building users, including direct access to dwellings where possible.

(f)    Improve the appearance of car park entries and avoid a ‘back-of-house’ appearance by measures such as:

-    Installing security doors to avoid ‘black holes’ in the facades.

-    Returning the façade finishing materials into the car park entry recess to the extent visible from the street as a minimum.

-    Concealing service pipes and ducts within those areas of the car park that are visible from the public domain.

Natural ventilation of the car park limited by flooding across the site. Mechanical ventilation proposed and some natural ventilation will be provided by the open carpark grill door ventilating through to the open staircase.

 

 

Site affected by flooding.

 

Screen planting and podium landscaping will screen and soften majority of car park enclosing walls.

 

Secure access to dwellings from basement via single staircase.

Garage door proposed to car park opening.

 

Façade does not accentuate car park entry.

 

No car park services visible from the public domain.

 

 

Complies on merit.

7

Fencing and Ancillary Development

7.1

Fencing

 

 (i)  Fences are constructed with durable materials that are suitable for their purpose and can properly withstand wear and tear and natural weathering.

(ii)  Sandstone fencing must not be rendered and painted.

(iii)  The following materials must not be used in fences:

-    Steel post and chain wire

-    Barbed wire or other dangerous materials

(iii) Expansive surfaces of blank rendered masonry to street frontages must be avoided.

Durable fencing proposed.

 

Large expanses of rendered masonry avoided to street front fencing.

Complies

7.2

Front Fencing

 

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

Achieved.

Complies

 

(ii)  The maximum height of front fencing is limited to 1200mm, as measured from the footpath level, with the solid portion not exceeding 600mm, except for piers. The maximum height of front fencing may be increased to 1800mm, provided the upper two-thirds are partially open, except for piers.

Max. front fencing height of 1.44m. Solid portion up to 940mm.

Complies on merit – height of solid portion results from slope of frontage and the need to contain mailboxes within the fence. Reminder of fence and gates proposed to be constructed of lightweight materials.

 

(iii)  Construct the non-solid portion of the fence with light weight materials that are at least 30% open and evenly distributed along the full length of the fence.

Light-weight materials proposed for non-solid portions. Openness not specified.

Condition for compliance – metal rails of frontage gates and fences to be 30% open.

 

(iv) Solid front fence of up to 1800mm in height may be permitted in the following scenarios:

- Front fence for sites facing arterial roads.

- Fence on the secondary street frontage of corner allotments, which is behind the alignment of the primary street façade.

      Such solid fences must be articulated through a combination of materials, finishes and details, and/or incorporate landscaping, so as to avoid continuous blank walls.

N/A

N/A

 

(v)  The fence must incorporate stepping to follow any change in level along the street boundary. The height of the fence may exceed the aforementioned numerical requirement by a maximum of 150mm adjacent to any stepping.

N/A

N/A

 

(vi) The preferred materials for front fences are natural stone, face bricks and timber.

Proposed materials compatible with the context.

Complies on merit.

 

(vii) Gates must not open over public land.

Achieved.

Complies

 

(viii) The fence adjacent to the driveway may be required to be splayed to ensure adequate sightlines for drivers and pedestrians.

Lightweight, visually open gates and low fencing proposed adjoining driveway.

Complies

7.3

Side and Rear Fencing

 

 (i)    The maximum height of side, rear or common boundary fences is limited to 1800mm, as measured from the ground level (existing). For sloping sites, the fence must be stepped to follow the topography of the land, with each step not exceeding 2200mm above ground level (existing).

(ii)     In the scenario where there is significant level difference between the subject and adjoining allotments, the fencing height will be considered on merits.

(iii)    The side fence must be tapered down to match the height of the front fence once pasts the front façade alignment.

(iv)    Side or common boundary fences must be finished or treated on both sides.

1.8m high side and rear fencing proposed.

 

Side fencing not proposed forward of the front façade. 

Complies

7.6

Storage

 

 (i)    The design of development must provide for readily accessible and separately contained storage areas for each dwelling.

(ii)     Storage facilities may be provided in basement or sub floor areas, or attached to garages. Where basement storage is provided, it should not compromise any natural ventilation in the car park, reduce sight lines or obstruct pedestrian access to the parked vehicles.

(iii)    In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates:

(a)    Studio apartments – 6m3

(b)    1-bedroom apartments – 6m3

(c)    2-bedroom apartments – 8m3

(d)    3 plus bedroom apartments – 10m3

Basement storage proposed. Storage areas exceed minimum requirements.

Complies

7.7

Laundry Facilities

 

 (i)    Provide a retractable or demountable clothes line in the courtyard of each dwelling unit.

Not practical to provide. Adequate space for drying within exterior and interior spaces of unit 

Complies on merit.

 

(ii)     Provide internal laundry for each dwelling unit.

Provided.

Complies

 

(iii)    Provide a separate service balcony for clothes drying for dwelling units where possible. Where this is not feasible, reserve a space for clothes drying within the sole balcony and use suitable balustrades to screen it to avoid visual clutter.

Not practical to provide. Adequate space for drying proposed.

Complies on merit.

7.8

Air Conditioning Units:

 

·       Avoid installing within window frames. If installed in balconies, screen by suitable balustrades.

·       Air conditioning units must not be installed within window frames.

None proposed to balconies or window frames.

Complies

 

3.2      Apartment Design Guide

 

SEPP No. 65 aims to promote quality design of Residential Flat Buildings. The proposal is subject to the policy as it involves the development of a residential flat building being 3 storeys and more in height. The proposal has been considered by Council’s Design Review Panel. The Panel’s comments are included in Section 7. An assessment has been carried out in accordance with Part 3: Siting the Development and Part 4: Designing the Building of the Apartment Design Guide against the design criteria requirements. Any non-compliance to the design criteria includes a merits based assessment as per the design guidance of the Apartment Design Guide.

 

Clause

Requirement

Proposal

Compliance

Part 3: Siting the Development

3A-1

Site Analysis

 

 

 

Each element in the Site Analysis Checklist should be

addressed

The submitted development application addresses each relevant section of the site analysis checklist.

Complies.

3B-1

Orientation

 

 

 

Buildings along the street frontage define the street, by

facing it and incorporating direct access from the street (see figure 3B.1)

The building has been orientated to the street frontage and direct access is provided.

Complies.

 

Where the street frontage is to the north or south,

overshadowing to the south should be minimised and

buildings behind the street frontage should be orientated to

the east and west (see figure 3B.2)

Refer to orientation comments below.

N/A

3B-2

Orientation

 

 

 

Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access

Living areas, private open space all receive the required amount of solar access. 

Complies.

 

Solar access to living rooms, balconies and private open

spaces of neighbours should be considered

The proposal will reduce solar access to west facing living area windows of the site to the east – 13 Hooper Street to less than 2hrs on 21 June. POSs and balconies of surrounding neighbours will continue to receive over 2hrs of direct solar access on 21 June.

Non-compliant – refer key issues discussion.

 

If the proposal will significantly reduce the solar access of neighbours, building separation should be increased beyond

minimums contained in section 3F Visual privacy

Additional building separation will not result in significant solar access improvements in relation to No. 13 Hooper Street.

N/A

 

Overshadowing should be minimised to the south or downhill by increased upper level setbacks

Properties to the south of the development will still achieve solar and daylight access in accordance with 4A of the AGD.

Complies.

 

It is optimal to orientate buildings at 90 degrees to the boundary with neighbouring properties to minimise overshadowing and privacy impacts, particularly where minimum setbacks are used and where buildings are higher than the adjoining development

Not practical on the site due to narrowness.

Complies.

 

A minimum of 4 hours of solar access should be retained to

solar collectors on neighbouring buildings

The proposal will not impact any existing solar collectors.

Complies.

3C-1

Public Domain Interface

 

 

 

Terraces, balconies and courtyard apartments should have direct street entry, where appropriate

Front apartment has direct street entry.

Complies.

 

Upper level balconies and windows should overlook the public domain

Balconies have been positioned and orientated to overlook the street.

Complies.

 

Front fences and walls along street frontages should use visually permeable materials and treatments. The height of solid fences or walls should be limited to 1m

The fencing is consistent with the streetscape and adjoining fence forms. Solid elements do not exceed 940mm.

Complies.

 

Length of solid walls should be limited along street frontages

Solid walls on both street frontages have been minimised by way on entrance gates etc.

Complies.

 

Opportunities should be provided for casual interaction between residents and the public domain. Design solutions may include seating at building entries, near letter boxes and in private courtyards adjacent to streets

Interactions between the front balconies and the public domain are possible.

Complies.

 

In developments with multiple buildings and/or entries, pedestrian entries and spaces associated with individual buildings/entries should be differentiated to improve legibility for residents, using a number of the following design solutions:

• architectural detailing

• changes in materials

• plant species

• colours

Separate entrances are provided on both sides of the development. The entrances are clearly identifiable due to the incorporation of pathways, low frontage/retaining to path edges and street numbering.

Complies.

 

Opportunities for people to be concealed should be minimised

Opportunities for concealment are minimised due to building layout and landscape design.

Complies.

Objective 3C-2

Amenity of the public domain is retained and enhanced

 

 

 

Planting softens the edges of any raised terraces to the street, for example above sub-basement car parking

Planting is proposed to minimise amenity impacts arising from the proposed basement level.

Complies.

 

Mail boxes should be located in lobbies, perpendicular to the street alignment or integrated into front fences where individual street entries are provided

Letterboxes are provided in the front fence.

 

Complies.

 

The visual prominence of underground car park vents should be minimised and located at a low level where possible

No vents associated with the basement are visible

Complies.

 

Substations, pump rooms, garbage storage areas and other service requirements should be located in basement car parks or out of view

All utilities have been provided within the basement. Garbage areas are generally well screened.

Complies.

 

Ramping for accessibility should be minimised by building entry location and setting ground floor levels in relation to footpath levels

Ramping is provided for access to rear units.

Complies.

 

Durable, graffiti resistant and easily cleanable materials should be used

The proposal complies with the requirements

Complies.

 

On sloping sites protrusion of car parking above ground level should be minimised by using split levels to step underground car parking

The proposal includes a semi-basement car park. Some screen planting and podium landscaping is proposed to blend the car park into its context. The above ground portions of the car park will not generally be visible from the street due to the slope of the site down from the street.

Complies.

3D-1

Communal and Public Open Space

 

 

 

Communal open space has a minimum area equal to

25% of the site (see figure 3D.3)

Two pathways within the central courtyard are proposed as communal open space.  Size of 10.3% proposed.

Non-compliant – refer key issues.

 

Developments achieve a min. of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9am and 3 pm on 21 June (mid- winter).

Communal space not generally usable as communal space due to size and obstructions.

Non-compliant – refer key issues.

3E-1

Deep Soil Zones

 

 

 

Deep soil zones are to meet the following minimum requirements:

 

Site area

Minimum Dimensions

Deep Soil Zone (% of site area)

<650m2

0m

7%

650-1500m2

3m

>1500m2

6m

>1500m2 with sig. existing tree cover

6m

The proposal provides 19.1% deep soil area.

Complies

3F-1

Visual Privacy

 

 

 

Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from

buildings to the side and rear boundaries are as follows:

 

Building height

Habitable rooms and balconies

Non-habitable rooms

Up to 12m (4 storeys)

6m

3m

Up to 25m (5-8 storeys)

9m

4.5m

>25m (9+ storeys)

12m

6m

 

Note: Separation distances between buildings on the same

site should combine required building separations depending on the type of room (see figure 3F.2). Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties.

The proposal is two storeys high and provides separation from both side boundaries of 1.455m (west) and 1.5m (east).

 

Notwithstanding the inadequate building separation it is considered that the proposal satisfactorily addresses visual privacy by way of highlight windows, privacy screens etc.

 

Where privacy mitigation is required conditions have been included in the development consent to address this.

Complies on merit (refer key issues discussion) and through privacy conditions

3J-1

Bicycle and Car Parking

 

 

 

For development in the following locations:

·      on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

·      on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

 

The minimum car parking requirement for residents and

visitors are set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less.

 

The car parking needs for a development must be

provided off street

See Engineers comments

See Engineers comments

Part 4: Designing the Building

4A

Solar and Daylight Access

 

 

 

Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

The proposal meets the minimum required 70% of apartments receiving minimum 2 hours sunlight.

Complies.

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

All apartments achieve sunlight due to their orientation and multi-aspect design.

Complies.

4B

Natural Ventilation

 

 

 

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building.

Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed

All apartments can achieve cross ventilation through a condition requiring operable windows to balcony doors for secure ventilation.  

Condition for compliance.

 

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line

All apartments achieve cross-ventilation within the required 18m.

Complies.

4C

Ceiling Heights

 

 

 

Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

 

Minimum Ceiling height for apartment and mixed use buildings

Habitable rooms

2.7m

Non-habitable

2.4m

For 2 storey apartments

2.7m for main living area floor; 2.4m for second floor where its area does not exceed 50% of the apartment area

Attic spaces

1.8m at edge of room with a 30 degree minimum ceiling slope

If located in mixed used areas

3.3m for ground and first floor to promote future flexibility of use.

 

These minimums do not preclude higher ceilings if desired.

The apartments will achieve the minimum floor to ceiling height of 2.7 metres

 

Complies

4D

Apartment Size and Layout

 

 

 

Apartments are required to have the following minimum internal areas:

 

Apartment Type

Minimum Internal Area

Studio

35m2

1 bedroom

50m2

2 bedroom

70m2

3bedroom

90m2


The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m2 each

 

A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m2 each.

All apartments comply with the minimum size requirements under the ADG.

Complies. 

 

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms

All habitable rooms comprise of a window opening and will not comprise with less than 10% of the floor area of the room.

Complies.

 

Habitable room depths are limited to a maximum of

2.5 x the ceiling height

The habitable rooms meet this requirement.

Complies.

 

In open plan layouts (where the living, dining and

kitchen are combined) the maximum habitable room

depth is 8m from a window

The proposed open plan layouts of the apartments have depths of between 6.7m to 11.2m. All apartments have three aspects and windows are provided on all aspects for sufficient cross ventilation and access to light. 

Complies. With objectives.

 

Master bedrooms have a minimum area of 10m2 and

other bedrooms 9m2 (excluding wardrobe space)

Bedroom size requirements met for all except Bed 2 of Apartment 101 (8.5m2). The bedroom can be increased in size through condition.

Condition for compliance. 

 

Bedrooms have a minimum dimension of 3m (excluding wardrobe space)

Bedrooms have a minimum dimension of 2.9 metres, Minor non-compliance.

 

The 100mm non-compliance is applicable to two bedrooms in each apartment. Bed 2 has dimensions of 2.94m by 3.2 or 3.7m and Bed 3 has dimensions of 2.9m by 4.7m. The minor non-compliance is considered acceptable, the bedrooms are still of a suitable size do allow for a variety of layouts to be accommodated. Further, the proposed bedrooms can comply with the minimum bedroom area requirements.

Complies with objectives

 

Living rooms or combined living/dining rooms have a

minimum width of:

·      3.6m for studio and 1 bedroom apartments

·      4m for 2 and 3 bedroom apartments

All living dining rooms have a minimum width in excess of 4m.

Complies.

 

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts

All cross-through apartments are greater than 4m wide.

Complies.

4E

Private open space and balconies

 

 

 

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m2 and a minimum depth of 3m

All terraced areas at ground floor level meet the minimum dimension requirements. 

Complies.

4G

Storage

 

 

 

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

 

Dwelling Type 

Storage Size Volume

Studio

4m3

1 bedroom

6m3

2 bedroom

8m3

3bedroom

10m3

 

At least 50% of the required storage is to be located within the apartment

The proposal meets the minimum storage volume sizes; this is spread between storage units in the basement and within the apartment.

Complies

 

4.       79C Matters for Consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012 (Consolidation)

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

 

The proposal is consistent with the specific objectives of the zone in that the proposal will be compatible with the existing and future desired character of the locality. It will contribute to providing for the housing needs of the community, while generally protecting the amenity of local residents.

 

Relevant SEPPs are discussed in the “Key Issues” of the executive summary report.

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

Nil.

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

The proposal generally satisfies the objectives and controls of the Randwick Comprehensive DCP 2013. See table below.

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment have been addressed in this report.

 

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

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

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

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

The issues raised in the submissions have been addressed in this report.

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

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

 

5.       Referral Comments

 

Development Engineering

 

General Comments

There are no objections to the proposal subject to the comments and conditions provided in this report.

 

Flooding Comments

The site is located within the catchment for the Council commissioned and adopted Kensington/Centennial Park Flood study which indicates the likely presence of an overland flow path across the rear of the site. The applicant has obtained a flood report from Council’s Drainage engineer prior to the lodgement of the development application (See Trim Ref D02125604) which states a flood planning level for the site as RL 67.86 AHD (being the level of the 1% AEP (1 in 100yr) flood plus 0.5m freeboard). The report also confirms the presence of the ‘floodway’ at the rear of the site.

 

A site specific flood study prepared by AKY Engineering based on information obtained from the flood model and Council flood report has also been submitted. More site specific flood levels & information were obtained from this study and the following flood mitigation measures were recommended and are now included in the development proposal

 

·          There is a crest proposed in the access driveway to provide some freeboard against flooding in Hooper Street however the depths of any floodwaters are less than 240mm at this location for the 1% AEP and are not considered overly significant. The crest is provided at a level being at least twice the depth of the expected flows and is considered satisfactory. It is has also been demonstrated that vehicle access can be achieved.

 

·          The minimum floor level is RL 68.47 AHD for the rear units which is compliant with the minimum 0.5m freeboard requirement for habitable floor as specified in Part B8 of Council’s DCP. The flood level at the rear of the site was determined as a maximum of RL 67.30 AHD thereby providing a minimum of 1.17m freeboard to the habitable floor.

 

·          Crests have also been provided in the pedestrian access paths at RL 70.06 AHD (eastern side) and RL 69.92 AHD (western side) These are satisfactory. These provide at least a 300mm freeboard for the pedestrian entrances which is considered satisfactory. 

 

·          An undercroft area has been proposed between the ground floor and basement carpark to allow the movement of overland flow across the rear of the site; The Drainage plans by AKY Engineering specify the detail of undercroft area. This will address any issues that could arise from blocking any overland flow paths by the proposed development

 

The flood mitigation measures and drainage system as proposed in the drainage plans by AKY Engineering are generally satisfactory and it is considered that in this instance the drainage plans can be approved in conjunction with this consent subject to the conditions provided. W=There is no objection to the proposal on flooding grounds.

 

Parking Comments

Parking Requirements for the development have been assessed as per the following parking rates as specified in Randwick Council’s Development Control Plan 2013 Part B7.

1 space per 1 bedroom unit

1.2 spaces per 2 bedroom unit

1.5 spaces per 3 bedroom unit

1 visitor space per 4 units (but none where development is less than 4 dwellings)

 

For the proposed development of 5 x 2 bedroom units

 

Parking required        = 5 x 1.2 + (5/4) visitor

                              = 6 + 1.25

                              = 7 spaces (including 1 visitor space)

 

Parking Provided = 7 spaces (complies)

 

Motorbike Parking

Motorbike Parking is to be provided at 5% of the vehicle parking requirement. Due to the low number of spaces motorbike spaces are not required.

 

Bicycle Parking

For Flats/multi dwelling bicycle parking to be provided at 1 space per 2 units plus 1 visitor space per 10 units

 

Bicycle Parking Required      = 5/2 = 2.5 = say 3 spaces

 

Bicycle Parking Provided      = 4 spaces (complies)

 

Carpark Layout

The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of Australian Standard 2890.1:2004.

 

Undergrounding of site feed power lines

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

 

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

 

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

 

 

 

Site Construction Traffic Comments

It is noted that a number of objections have been received by residents in Hooper Street on the traffic impacts of trucks and other vehicles during the period of construction. 

 

The assessing officer is advised that some traffic & parking impacts are always an unavoidable part of development and the subject proposal will not create any unacceptable impacts in this regard.

 

These issues will also be addressed by the submission of a Construction Traffic Management Plan which has been conditioned in this consent. This will include a Work Zone along the Hooper Street site frontage. In recognition of the relatively narrow width of Hooper Street it has also been conditioned in this consent that all trucks serving the site be restricted to a maximum length of 12.5m rigid. No B-Doubles will be permitted to serve the site.

 

Landscape Comments

There is a mature Callistemon viminalis (Bottlebrus, T1 in the Arborists Report) on the Hooper Street verge, to the west of the existing vehicle crossing, which due to its location on public property, is covered by the provisions of Council’s DCP.

 

It is in good health but only fair condition due mainly to heavy lopping of its southern aspect away from the overhead wires, which has reduced its true size down to 6-7m in height, and resulted in a bias to the north, over the roadway.

 

At pre-DA meetings in 2014 (for PL/41 & 61), the crossing was originally proposed to be located centrally across the width of the site, in direct conflict with this tree; however, the plans for this current scheme now show the crossing being maintained in its current position, to the east of the tree.

 

The Basement Plan (dwg DA110) shows the eastern edge of the crossing will be offset 1500mm from the eastern site boundary, and will have a width of 4450mm, which will result in only a minimal setback of about 1m being provided between its western edge and the tree, which is insufficient to allow its retention.

 

The Arborists Report details that these excavations would encroach within both its SRZ & TPZ, and would likely result in an even higher rate of root damage than what would normally occur given that the existing structures of the footpath to its south and the kerb to its north would have re-directed typical, radial root growth, and would now have more lateral-type root growth, to its east and west.

 

The applicant has stated that in the interests of site planning, locating the crossing and basement entry in this location is the best outcome, and as it is not a significant tree, and consistent with past advice, no objections are raised to its removal, wholly at the applicant’s cost, who must also pay for a replacement to be installed, which will actually have the benefit of matching in with the more recent (now dominant) species in this street, which is Syzygium luehmannii (Small Leafed Lilly Pilly), with relevant conditions provided.

Still on the verge, just past the western site boundary, in front of no.9, there is a smaller Melaleuca linariifolia (Snow in Summer) of around 3m in height, which while it is sited away from all external works, and should remain unaffected, given the large scope of works, minimal protection conditions have still been imposed to ensure its preservation.

 

While not shown on any of the plans or discussed in the Arborists Report, there is a juvenile, 6-8m tall Angophora costata (Sydney Red Gum) located wholly in the rear yard of the adjoining private property to the east, no.13, setback about a metre form the common boundary, which is an endemic species to this LGA, and is also covered by the DCP.

 

As it is a relatively young tree, it has a higher tolerance to disturbance than a more mature specimen, so the potential for root damage is less, and while the eastern wall of the basement is shown as being constructed right up to the boundary in this area, no major impact is expected during the piling process as this is considered to be a less-invasive process than more traditional methods such as bulk earthworks, with its root plate able to respond to any loss by generating new growth, and for this reason, conditions are not required.

 

The Tree Fern in the side setback of no.9 will not be affected as the existing brick fence would have prevented the growth of any roots into the subject site, with conditions not required. 

 

While the Golden Cane Palms around the perimeter of the rear yard of the subject site provide ‘eye-level’ screening, they are not significant in anyway, so will not pose a constraint to the works, and can be removed where necessary, as can the 7m tall Persea amercianna (Avocado) against the western side of the existing free-standing garage.

 

Right in the southeast corner of site, there is a large, mature and visually prominent Corymbia citriodora (Lemon Scented Gum, T2) of at least 20m x 20m, which occupies almost the full width of this site, as well as overhanging into surrounding properties to the east, south and west.

 

It appears in good health and good condition, is covered by clause 5.9 of Council’s LEP 2013 & clause B5 of Council’s DCP 2013, and in this urban context, is regarded as a significant site feature, and a significant example of the species.

 

Its crown is clearly visible from the street, and despite its naturally open habit, still performs a screening and privacy function for several properties, and would also benefit the local environment by providing a food and habitat source for native fauna.

 

The applicant was advised in previous PL meetings that this tree needs to be considered as a site constraint, and would need to be retained and incorporated into any proposal.

 

The Basement Plan (dwg DA110) shows that a setback of 5.6m will be provided between the centre of its trunk and the southern wall of the basement, which places this work wholly outside of its SRZ, but will result in a 20% encroachment of its TPZ.

 

This is defined as a major incursion in AS4970-2009 – ‘Protection of trees on development sites’, and while root mapping has not been undertaken, the Arborists states that this proposal can still be supported as the level of disturbance should be an amount that this tree can sustain, as such mature specimens have large storage levels, with the sandy soil profile also to have allowed roots to grow deeper into the profile, rather than being more lateral, surface roots, which should further assist in minimising the amount of root disturbance.

 

The Elevation plans (dwg’s DA302 & 304) actually show that a masonry structure associated with a ground level floodway will extend a metre or so past the southern wall of the basement, so will actually be the closest works performed to this tree, and while a deck is shown as extending out even further to the south, beyond the floodway, it is shown as being cantilevered, so will not involve any ground penetrations for footings.

 

In order to deal with this component of the works, site specific conditions require that hand trenching/root mapping be undertaken by the site Arborist, prior to pouring any footings, which must also be inspected by Council’s officer, to ensure that any affected roots are dealt with in the proper manner.

 

It is noted that these same Elevation plans show that ground levels between the rear of the new building and tree will be retained as existing, with this area of undisturbed deep soil to sustain the tree into the future.

 

While the envelope of the actual building would not result in much direct conflict with the underside of its crown, the piling rig for the southern wall of the basement, 5.5m to the north of its trunk, will extend to a height of about 12m above ground level during construction, which was observed on site to affect 2nd, 3rd & 4th order leaders at both its northwest and northeast aspects.

 

This tree and species has a naturally open habit, with the amount of pruning required anticipated to involve about 20% of its overall crown. Similar clearance pruning has already been performed to its northern aspect, away from the neighbouring unit block, and providing that this pruning is performed in accordance with the specific conditions listed in this report, should not have a detrimental effect.

 

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

DA100 Rev B

Kvmzv Architecture

12 May 2016

DA102 Rev B

Kvmzv Architecture

12 May 2016

DA105 Rev B

Kvmzv Architecture

12 May 2016

DA106 Rev B

Kvmzv Architecture

12 May 2016

DA110 to DA114 Rev B

Kvmzv Architecture

12 May 2016

DA200 to DA207 Rev B

Kvmzv Architecture

12 May 2016

DA301 to DA304 Rev B

Kvmzv Architecture

12 May 2016

DA401 to DA405 Rev B

Kvmzv Architecture

12 May 2016

DA601 to DA602 Rev A

Kvmzv Architecture

10 December 2016

DA701 to DA705 Rev B

Kvmzv Architecture

12 May 2016

 

BASIX Certificate No.

Dated

682295M

2 December 2015

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements, with details to be shown on construction certificate plans:

 

a.   Bedroom 2 of Apartment 101 shall be increased in size to not less than 9m2, using floor area from adjoining rooms.

b.   Operable high-level windows shall be installed within all north and south facing balcony doors to allow for secure ventilation of the interior of the apartments.

c.   The metal rails of the frontage fencing and the whole of the gates shall be designed to be a minimum of 30% open.

d.   The ground floor level decks to the rear of building ‘B’ shall not exceed a depth of 1m from the rear wall line of Building ‘B’. This does not apply to access stairs below 1.2m above ground level.  

e.   A privacy screen with a height of 1.6m above the finished level of the walkway shall be installed along the western side of the western walkway for a length of 8m from the walkways southern edge.

f.   A privacy screen with a height of 1.6m above the finished level of the walkway shall be installed along the eastern side of the eastern walkway from the walkways southern edge to the front wall line of building ‘A’.

g.   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.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

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

 

b)     Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved the 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 $2,203,366 the following applicable monetary levy must be paid to Council: $22,036.60.

 

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:

 

·           $5000 - Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Street Tree Management

9.       The applicant must submit a payment of $1055.25 (including GST) to cover Council’s costs for the following:

 

a.       To remove, stump-grind and dispose of the existing street tree, Callistemon viminalis (Bottlebrush) from the Hooper Street verge, to the west of the existing driveway, centrally across the width of the site, so as to accommodate the new, widened vehicle crossing just to its east as shown;

 

b.       To supply, plant and maintain 1 x 25 litre street tree, Syzygium leuhmannii (Small Leafed Lilly Pilly) back on the Hooper Street verge, an equal distance between the western edge of the new crossing and western site boundary at the completion of all works;

 

c.       A loss of amenity fee in recognition that the only reason this established native tree is being removed from public property is to accommodate the development of private property, and will be used towards the planting of additional street trees elsewhere in the street or surrounding 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 9093-6613 (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 street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement.

 

After this, any further enquires regarding scheduling/timing or completion of works are to be directed to Council’s North Area Tree Preservation & Maintenance Coordinator on 9093-6858.

 

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

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

 

Design Alignment levels

11.     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;

 

·     Match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

         

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

 

12.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $664 calculated at $56.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

13.     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

14.     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.

 

Flood Management

15.     The proposed internal driveway shall be designed & constructed with a high point as detailed in the approved DA plans. Plans submitted for the construction certificate must also demonstrate compliance with this requirement.

 

16.     Windows, vents and other openings into the basement carpark (excluding the driveway opening) are to be located at least 300 mm above the determined 1 in 100 year flood level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

17.     The ground floor level located at the rear of the site shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority with the construction certificate.

 

         This requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

18.     The Stormwater Drainage System & Flood Mitigation measures shall be provided in general accordance with the Drainage plans by AKY Civil Engineering H01-H04 Revision B dated 2nd November 2015.

 

‘For Construction’ plans are to prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

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

 

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

 

·  Roof areas

·  Paved areas

·  Grassed areas

·  Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

c)     Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage (detention/infiltration) system.

 

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

 

e)     Any subsoil drainage must not discharge to the pump-out system

 

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.

 

Site Seepage & Groundwater

20.     The development must comply with the following requirements to ensure the adequate management of site seepage/groundwater:

 

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

 

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

 

c)    The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage, floodwaters and subsoil drainage into the basement level/s of the building.

 

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

               

e)    Details of the proposed stormwater drainage system including methods of tanking the basement levels and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

Waste Management

21.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Planning.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

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

 

22.     The garbage room shall be sized to contain a total of 6 x 240 litre bins (comprising 3 garbage bins & 3 recycle bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

23.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

Street Tree Protection

24.     In order to ensure retention of the Melaleuca linariifolia (Snow in Summer, T1) located on Council’s Hooper Street verge, just past the western site boundary, in front of no.9, in good health, the following measures are to be undertaken:

 

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

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be setback the maximum distance possible form this tree so as to minimise the potential for future root damage and maintenance issues.

 

c.       This tree is to be physically protected by installing evenly spaced star pickets at a setback of 2 metres to its east and west (measured off the outside edge of its trunk at ground level), matching up with the back of the kerb to its north, and the footpath to its south, to which, safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose this tree for the duration of works.

 

d.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which, signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

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

 

f.       The applicant is not authorised to perform any works to this public tree, and must contact Council’s Landscape Development Officer on 9399-0613 should pruning or similar works appear necessary. If approval is given, it can only be performed by Council, wholly at the applicants cost, with payment to be received, prior to the issue of an Occupation Certificate.

 

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

 

Tree Protection Measures

25.     In order to also ensure retention of the large and significant Corymbia citriodora (Lemon Scented Gum, T2) located in the rear yard of the subject site, right in the southeast corner in good health, the following measures are to be undertaken:

 

a)           All documentation submitted for the Construction Certificate application must show the retention of this tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all plans in relation to the proposed works.

 

b)       Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that an AQF Level 5 consulting Arborist (must be a registered member of a nationally recognized organization/association) has been engaged as ‘the site Arborist’ for the duration of works, and will be responsible for both implementing and monitoring the conditions of development consent and any recommendations of the Arborist Report.

 

c)       The site Arborist must be present on-site at the relevant stages of works, and must keep a log of the dates of attendance and the works performed, which is to be presented as a Final Compliance Report, for the approval of the PCA, prior to the issue of any Occupation Certificate.

 

d)       In the event of any discrepancy between the Construction Impact Assessment by NSW Tree Services Pty Ltd, ref CIA-DRI 08/15, dated 26/08/15 (“the Arborists Report”) and conditions of consent, the site Arborist must contact Council’s Landscape Development Officer on 9093-6613 to reach agreement on the outcome before proceeding further.

 

e)       Any excavations associated with the installation of new services, pipes, stormwater/hydraulic systems or similar in the rear yard, must not extend past the southern wall of the basement level, as has been shown on the submitted plans by AKY Civil Engineering, dwg’s H01-H04, rev B, dated 02.11.15.

 

f)       The Construction Certificate plans must also show that the southern wall of the basement will finish a minimum distance of 5500mm away (as is shown on the rev B plans dated 12.05.16), measured from the centre-line of its trunk at ground level.

 

g)       All initial excavations for footings associated with the ground level floodway, which the Elevation plans (dwg’s DA302 & 304) show will extend past the southern wall of the basement level, within a radius of 5 metres, measured off the outside edge of its trunk at ground level, must be performed by hand, by the site Arborist, to a minimum depth of 600mm and a minimum width of 200mm, without damaging any roots in the process.

 

h)       Council’s Landscape Development Officer (9093-6613) must then be contacted, prior to forming or pouring these footings, and giving at least 2 working days notice, to inspect these trenches, with the applicant to comply with any instructions issued.

 

i)        Where major roots with a diameter of more than 75mm are encountered, and Council’s officer determines must be retained, a cantilevered, pier and beam style footings must be used for these areas.

 

j)       The Construction Certificate plans must acknowledge that the site inspection may result in the need to alter the footing design away from a traditional strip footing, to a more flexible system, with a suitably qualified engineer needing to have the required design approved by the PCA, prior to installing the footings.

 

k)       Where roots with a diameter of less than 75mm are found which are in direct conflict with the works, and permission is given for their pruning, they may be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

l)        The timber deck off the rear of both ground floor apartments must be a cantilevered structure that will not involve any ground penetrations for footings/support, as has been shown on the Elevation plans (dwg’s DA302 & 304).

 

m)      Any new common boundary fencing, within a radius of 11.4m metres of its trunk, can only be a system which is supported on localised pad footings, not strip footings, with details confirming compliance to be shown on the Construction Certificate plans.

 

n)       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 5 metres to its north and west (measured off the outside edge of its trunk at ground level), matching up with the eastern and southern site boundaries in order to completely enclose this tree for the duration of works, with a 50mm layer of mulch to be provided and maintained within this area also.

 

o)       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until works associated with the floodway, rear deck and landscaping are being performed, to which, signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

p)       In order to prevent soil/sediment being washed over its root system, erosion control measures must be provided at ground level around the perimeter of the TPZ.

 

q)       If additional trunk or branch protection is required, this can be provided by way of wrapping layers of geo-textile, underfelt or Hessian, which shall be secured by lengths of evenly spaced hardwood timbers around their circumference, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

 

r)       Ground levels in the area between the southern wall of the basement and southern site boundary must not be altered by more than 100mm, and other than the approved works, there must be no other structures such as continuous strip footings, planter boxes or similar to be located in this area, which must remain as undisturbed, deep soil.

 

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

 

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

 

Building & Design

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

 

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

27.     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

28.     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

29.     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

30.     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.

 

Construction Site Management Plan

31.     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.

 

Construction Traffic Management

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

 

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

 

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

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

 

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

 

·        A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·            A restriction requiring the maximum length of trucks serving the site to         not exceed 12.5m length. No B-Doubles will be permitted in Hooper Street.

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

34.     Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

Demolition Work Plan

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

            Public Utilities

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Inspections during Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·           Work Health & Safety Act 2011 and Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997 and Regulations

·           Relevant EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

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

·      as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

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

 

        Road/Asset Opening Permit

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

 

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

 

b)     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

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

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)      Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

         

Traffic Management

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

 

Stormwater Drainage

51.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

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

 

            Tree Removal

53.     Approval is granted for the removal of any of those Dypsis lutescens (Golden Cane Palms) located around the perimeter of the rear yard of the subject site, as well as the Persea amercianna (Avocado) against the western side of the existing free-standing garage, so as to accommodate the works shown for these same areas, subject to full implementation of the approved Landscape Plan.

                 

Pruning

54.     Permission is granted for the minimal and selective pruning of only those branches from the northern aspect of the Corymbia citriodora (Lemon Scented Gum, T1) which is located in the rear yard, right in the southeast corner of the site, only where needed in order to avoid damage to the tree specifically from the piling rig during construction of the southern wall of the basement, including:

 

i)        The 2nd order lateral at a height of 4m above ground level, leading to the northwest, which may need to be taken all the way back to the main trunk;

 

ii)       The 3rd order leader growing to the northeast, at 10-12m above ground level;

 

iii)   Those 4th order branches at its northwest aspect, in its upper canopy;

 

iv)      Various other smaller, lower order branches where necessary.

 

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

 

Pruning may be performed prior to the commencement of construction works so as to minimize the chance of damage being caused to the tree from the piling rig.

 

56.      The site Arborist must contact Council’s Landscape Development Officer on 9093-6613 (giving at least 2 working days notice) to arrange a joint site meeting, prior to pruning, to confirm the exact location and extent of pruning that is permissible, with the Arborist to comply with any instructions issued by Council’s Officer.

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

57.     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

58.     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

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

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

b)       Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

c)       Carry out a full depth,1 metre wide, road construction in front of the kerb and gutter along the full site frontage, to Council’s specifications and requirements.

d)       Re/construct a 1.3m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

60.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

61.     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.

 

Service Authorities

Sydney Water Requirements

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

 

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

 

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

 

Undergrounding of Power

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

 

Flooding

64.     The PCA shall be satisfied that all flood mitigation measures as detailed in the approved documentation have been undertaken, including but not limited to floor levels, driveway and footpath crests, and provision of the undercroft area at the rear of the building.

 

65.     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 undercroft area underneath the rear ground floor slab shall not be enclosed or used for the storage of goods, so as to ensure the 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

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

Notes:

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

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

 

67.     A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

·              Finished surface levels (including ground floor levels) & site contours at 0.2 metre intervals;

·      Volume of storage available in the pump-out system;

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

·      Invert & surface levels at any pits.

·              Heights of critical crests in driveway and pedestrian access for flood mitigation.

 

68.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

69.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent.

 

Landscaping

70.     Prior to issuing any type of Occupation Certificates, 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 Plan by KVMZV Architecture, dwg DA105, rev B, dated 12.05.16.

 

71.     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.

 

72.     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.

 

Site Arborist Certification

73.     Prior to the issue of any Occupation Certificate, the site Arborist must submit to, and have approved by, the PCA, written certification which confirms compliance with the conditions of consent and Arborists Report Recommendations; the dates of attendance and works performed/supervised relating to retention of the Lemon Scented Gum (T1).

 

          Tree Protection Certification

74.     Prior to the PCA issuing any Occupation Certificate, written certification must also be obtained from Council’s Landscape Development Officer (9399-0613) confirming that the Tree Protection Measures relating to inspection of hand dug trenches and pruning, as well as any other instructions issued on-site, were complied with during the course of works.

 

Waste Management

75.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

76.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of Premises

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

 

External Lighting

78.     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.

 

Street Numbering

79.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development.

 

Plant & Equipment

80.     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.

 

Stormwater Detention/Infiltration System

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

 

Residential Parking Permits

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

 

83.     A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that they are in a building which does not qualify for on-street resident parking permits.

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

A7      Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

A8      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.

 

A9      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.

 

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

 

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

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

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

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

 

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

 

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

 

A12     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 


Ordinary Council                                                                                             13 December 2016

 

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Director City Planning Report No. CP73/16

 

Subject:                  35 Lenthall Street, Kensington (DA/352/2016)

Folder No:                   DA/352/2016

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                    Demolition of existing dwelling (Heritage Conservation Area).

Ward:                     West Ward

Applicant:                ID ADOBE

Owner:                        Mr K B Choy & Mrs R Choy

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

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North

 

Locality Plan

 

Development Application Executive summary report

 

The applicant was assessed by external planning consultant and referred to Council for determination as a neighbouring property owner is a Randwick City Councillor.

 

Proposal

 

The proposal seeks Council approval to demolish the existing single storey Federation style, brick and tile dwelling house that is located within the West Kensington Heritage Conservation Area.

 

Site

 

The subject site is an irregular, triangular shaped allotment with a frontage of 37.275m to Lenthall Street, eastern boundary length of 44.44m and western boundary length of 53.84m, having a total site area of 887.6sqm (dimensions taken from the Survey plan prepared by CMS Surveyors and dated 28 May 2015). The legal description of the property is Lot 63 Section 10 DP 5759.

 

The site is located along the south-western side of Lenthall Street near the Southern Cross Overpass (refer to the locality plan). Whilst the property is not listed as a heritage item in Schedule 5 of Randwick LEP 2012, it is located within the West Kensington Conservation Area.

 

On site exists a single storey Federation style dwelling house with a metal carport structure located along the western side of the building with driveway access off Lenthall Street. The Site includes a larger camphor laurel tree along the western side of the site and this is a dominating feature of the property. The rear yard includes a small outbuilding currently used as a storage shed.

 

The existing building has been modified to some degree over time. The roof tiles are not original having been replaced after hail damage. The north-west elevation is also a later addition. The owners of the property bought the home in 1999 and have experienced many structural and drainage issues over the 17 years of ownership. The property has deteriorated significantly and is in a state of disrepair.

 

Background

 

35 Lenthall Street

DA No. 117/1969 was approved on 15 April 1969 to convert the existing dwelling into two flats. It is unclear whether this consent was taken up as the existing dwelling is occupied as one single dwelling house.

 

37 Lenthall Street

DA No.316/1998 was approved on 3 August 1998 for the demolition of the existing cottage and construction of a new single storey dwelling.

 

This site is located immediately to the west of the subject site and is also within the West Kensington Conservation Area. At the time the application was lodged with Council, Graham Brooks and Associates prepared a Heritage Impact Assessment which supported the demolition and replacement of the building with a new single storey dwelling house. The heritage impact assessment stated that “the dwelling at 37 Lenthall Street has little historic and aesthetic significance. It has no known association with important persons or events and is in a poor representative example of the styles used in the Federation period. The location of the house at the western end of Lenthall Street and around a sharp bend adjacent to the expressway overpass means that it makes little to no contribution to the character of the Lenthall Street Conservation Precinct….The building has some social significance as part of the early development of this area of Kensington. This significance is nominal however, and demolition of this building or replacement with a modern dwelling in a similar style will not impact negatively on the general significance of the Street.”

 

Council’s Heritage Officer in the planning assessment report noted that “A site visit to the property prior to the submission of the application revealed that the dwelling has undergone significant alterations including rendering and painting and the removal of most original windows and doors and plasterwork. There is cracking to the brick walls evident in several locations and a significant damp problem to the walls in the vicinity of the bathroom. It is considered that any heritage significance of the building is not embodied in its fabric, which has been significantly altered and damaged.”

 

It seems the demolition of No.37 Lenthall Street was required due to similar reasons, structural damage caused by one or a variety of factors including rising damp, poor drainage and possibly the close proximity to the large campor laurel tree at No.35 Lenthall Street. It was acknowledged by the approval of No.37 that these homes exemplify limited architectural and aesthetic importance and restoring and rehabilitating the existing building is a very difficult process and cost prohibitive.

 

Submissions

 

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

 

·      62 Lenthall Street, Kensington;

·      33 Lenthall Street, Kensington – two (2) submissions have been received the original one dated 14 June 2016 and then a further submission on 3 July 2016 (this later submission acknowledges the structural damage affecting the property).

 

Issues

Comments

 

·      Demolition unnecessary

 

 

The current building is in a dilapidated and unsafe condition. The building is suffering from severe structural damage and there is cracking of both the internal and external walls. The HIS and Engineering Report have assessed the level of damage to the property and conclude that remediation work to the dwelling will not be able to alleviate the ongoing drainage and structural issues.

 

Demolition of the building is therefore supported due to the very poor and unsafe condition of the building.

 

·      Demolition will establish and undesirable precedent in the West Kensington Heritage Conservation Area

 

 

No.37 Lenthall Street was demolished and rebuilt in 1998 and this building also suffered from rising damp. Drainage and structural issues. Demolition of the building was supported at the time and now a new, appropriately designed modern dwelling sits on the site.

 

·      No alternative design for redevelopment is provided

 

 

Discussions with Council’s Officers concluded that Council has sufficient planning controls to ensure any future infill development will be sympathetic with the character of the streetscape and with the West Kensington Conservation Area.

 

·      Fails to respect the aesthetic character of the area

 

 

Both Council’s Heritage Advisor and the HIS prepared by Sue Rosen Associates on behalf of the appluicant confirm that the site does not exemplify a high degree of aesthetic significance and that the significance of Lenthall Street and the West Kensington Conservation Area is dominated by the social and historic development of the area, mainly in respect to development and industry.

·      Alterations and additions to the rear would be more appropriate.

 

Due to the scale and nature of the damage to the property, the existing footings have moved and the home suffers from rising damp and drainage issues.

 

As the site is located in a flood prone area any new work would have to be elevated some 1m above the existing dwelling’s floor level and this could be difficult to integrate into the design of the home. Also it is cost prohibitive to retain the existing, or parts of the home as the structural damage is substantial in nature.

·      Any proposed redevelopment needs to be sympathetic with the character and nature of the HCA.

 

Any new infill development will have to comply with Council’s RLEP and RDCP controls which detail the design requirements for development in a Conservation Area. A condition is included to ensure this occurs.

 

Key Issues

 

Heritage Conservation

The application was referred to Council’s Heritage Consultant for comment. The following comments were received:

 

Following review of the submitted documentation including the Engineering Report and HIS, and the review of the immediate neighbourhood of the subject dwelling, the proposed works are assessed for their impact on the subject site as a contributory item within an HCA.

 

The Demolition Report and Heritage Impact Statement identifies 35 Lenthall Street as a contributory item within the West Kensington HCA but questions the contribution the existing residence makes. While it is located towards the western boundary of the HCA as indicated in the report, the existing residence is clearly visible from the streetscape and is considered to positively contribute to the understanding of the area’s historical development, and to the aesthetics of the HCA and streetscape generally. It directly reflects the significance statement of the HCA and is from a key period of development identified in the significance statement for the Kensington HCA. Furthermore, the detailing of the front façade is of particular note and is relatively intact despite alterations and additions conducted and the damage incurred to the dwelling. There are many key contributory elements still present within the dwelling that are readily discernible, particularly to the general public.

 

From the site inspection conducted on 6 July 2016 and from the documentation reviewed to date, it is evident that the subject dwelling at 35 Lenthall Street is suffering from significant damage, predominately caused by the large tree located in the south western corner of the site.  The damage noted during the site inspection was found to be predominately to the interiors of the residence with some cracking noted to the exterior in close inspection. As such, interior detailing has been significantly impacted with various areas of cornice detailing missing or in the very least, severely damaged as a result of the crack formations. It is understood that this cracking has only occurred within the last couple of years and the rate of damage has accelerated over the last year. This is also evident in the various report photographs and images provided by the applicant. As such, the structural integrity of the residence is considered a safety concern. The following images provide an overview of the damage viewed during the site inspection.

 

 

Figure 1: View looking towards the front high brick piers and wall fence, a later addition, which has a large central crack (left) and an image of the tree located in the south western corner of the site (right). This tree is also located within proximity to the neighbouring house at 37 Lenthall Street.

 

  

Figure 2: View of the south western wall of the existing residence (left). Several repair works are clearly visible, particularly towards the rear section, however, it is understood that these repairs were conducted after damage was caused to the dwelling following a storm a number of years ago. The image on the right is a detailed view of the front façade window sill and the cracking occurring to the brickwork underneath. The window frame was also damaged and had separated from the surrounding brick in some areas.

 

 

Figure 3: Detailed view of the front façade showing repair works previously conducted (left) and an interior view of a front room within the residence, with a large horizontal crack visible directly underneath the cornice detailing (right). 

 

 

Figure 4: Internal views of a doorway (left) and a bedroom (right) with large cracks visible. 

 

The extent of damage the tree is causing to neighbouring properties is hard to ascertain at this stage, however, from the information made available to date, it is clear that the subject dwelling is not the only house that has experienced such problems. Documentation related to a DA submission for 37 Lenthall Street (construction of the existing residence and demolition of a previous residence) indicates the following:

 

There is cracking to the brick walls evident in several locations and a significant damp problem to walls in the vicinity of the bathroom.1

 

External inspection of some neighbouring properties was conducted, however, no visible sign of damage was found. As such, an arborist report should be undertaken to ascertain the health and viability of the tree and concerns for safety should also be addressed. 

 

In light of the intact external detailing and contributory architectural values of the existing dwelling, complete demolition is not supported. As such, every effort should be made to retain, stabilise and restore the existing front façade with projecting gabled bay and the south western and north eastern elevations (original part only and not the rear additions). In addition, the roof form should be kept as is, however, internal demolition and reconstruction is considered acceptable from a heritage perspective.

 

The 1943 aerial image of the site available on the website of the Land and Property Information (https://maps.six.nsw.gov.au/) shows the dwelling in its current configuration with the subject tree in existence but in a smaller foliage.

 

It should be noted that any partial demolition works proposed to the existing dwelling will not be approved unless drawings showing how the front and two sides of the existing dwelling will be incorporated as part of the stabilisation and additions are submitted to Council. The following control in the Randwick DCP 2013 supports this:

 

Randwick Development Control Plan (DCP) 2013 1.9: Demolition Demolition of a heritage item or contributory building in a heritage conservation area is generally NOT supported, unless, there are overriding reasons such as structural damage.

 

While significant structural issues have been identified with the dwelling, there is a potential for retention of some elements (as detailed above) that needs to be explored by the applicant.

 

Council’s Heritage Consultant has recommended that a number of points be addressed and considered prior to any consent being granted. The following requirements have been recommended;

 

1. Drawings of the proposed new dwelling showing the extent of partial demolition and substantial additions behind the recommended retention of the front, and two side (north-eastern and south-western) elevations should be submitted to Council prior to the approval of the partial demolition of the existing dwelling;

 

2. The new dwelling will retain the existing front façade, the south western and north eastern facades (where original) and the existing roof form. Substantial internal demolition and reconstruction is considered acceptable;

 

3. Future application should include a Structural Engineer’s recommendations and specifications for the required stabilisation of the retained facades, and ascertain if the removal of the tree will ensure no further foundation movement will occur.

 

4. An Arborist’s services should be obtained to inspect the tree and advise on its significance and potential removal.    

 

Many of the points requested above will be difficult to achieve and cost prohibitive.

 

The subject site is located within a flood prone area and retaining part of the front of the house and associated roof will be very difficult given that any new sections of the house will have to have their floor level raised above the flood level. It would be structurally difficult to retain existing footings as many have been significantly damaged due to the movement that has occurred over time and the whole process to retain elements of the house would be an expensive exercise. Also visually the roof form would be adversely affected by the front part of the house being retained and the new roof form would sit higher and creating a sympathetic and visually aesthetic link would be difficult and could look awkward.

 

Returning to the issue of flooding, the existing floor level of the dwelling is some RL21.53. For redevelopment at No.37 Lenthall Street, Council’s Engineer stated that “the development site is adjacent to a localized low point in Lenthall Street. To minimize the possibility of floodwater entering the proposed building for storm events up to and including the 1 in 100 storm event, all residential floor levels for the proposed development shall be at or above RL22.50metres AHD”. In respect to a recent development application for alterations and additions to the rear of No.31 Lenthall Street, Council’s Engineers made the following comments in relation to this development;

 

“The site is located within the catchment for the West Kensington/Green Square Flood Study which predicts significant flooding in the vicinity of the site. A Flood report has been issued by Council’s Drainage Engineer which has determined the relevant flood planning level for the site to be RL 22.65 AHD being the level of the 1% AEP (1 in 100yr) flood plus 0.5m freeboard. The submitted plans indicate the proposed additions will be provided at RL 22.65 AHD and therefore comply with the flood planning level requirement”.

 

When considering the approach taken by Council for the redevelopment of No.31 and No.37 Lenthall Street, retaining parts of the existing house would be difficult given the existing floor level is well below the required flood level which is unsafe and impractical (even if these internal spaces were not habitable) as the new floor level will be over 1m higher than the existing floor level of the home and designing around a transition in such a height variation can be complicated. The home would end up being split level and relationship between internal spaces may not be fluid or consistent. This is considered to be a big impediment to the future design of the home and it is unwise and unnecessary to retain the front portion of the dwelling given it is in a very poor structural condition and the original architectural features have not been maintained in an excellent form or condition and in addition to this the current high solid masonry front fence screens much of the front façade of the dwelling so it is not currently a very visible feature when viewed from the street and immediate surrounds.

 

In response to Council’s Independent Heritage assessment, the applicant engaged Sue Rosen to address the issues in detail. Sue Rosen Associates prepared a detailed Heritage Impact Statement dated November 2016. The HIS outlines the current condition of the home as being;

 

35 Lenthall Street is a single storey Federation dwelling of full brick masonry construction with a tiled, hipped timber framed roof. There is a central path leading from a gate in a 1800mm face brick wall to the front verandah and door. The south eastern (front) elevation is gabled on the left with a verandah on the right. The roof tiles are not original, having been replaced after hail damage. There are timber windows to the front elevation.

 

The north west elevation is a later addition with a limited eaves overhang. The south-west elevation has had numerous modifications including the insertion of double doors and the replacement of original windows with aluminium framed windows.

 

The original residence has a central hall with two rooms on either side. These have plastered walls, decorative plater ceilings and cornices. No fireplaces are evident.

 

A large camphor laurel tree dominates the eastern portion of the property and there is a free standing car port adjacent to the house.

 

The owners have reported that every 4 or 5 years across their occupancy since 1999 they have engaged professionals to repair the residence, including remediation to attend to cracking and plumbers to investigate drainage issues”.

 

The HIS details the importance of Lenthall Street within the heritage context of the West Kensington Heritage Conservation Area. The building is in a very poor, derelict condition with the following evident areas of damage;

 

§ Cracks encountered under the sills and the junction between the verandah decorative brick balustrade and brick piers.

§ Tiling has been dislodged and repairs have been unsuccessful in filling cracks.

§ Differential movement across the front stairs has resulted in cracking to the stair treads.

§ Internal brick skin is in very poor condition with large exposed cracks throughout the house indicating lateral displacement.

§ Externally cracking has been more successfully repaired.

§ Many brick ties have failed.

§ The internal wall over the front windows is at risk of collapse.

§ The replacement of the roof tiles due to hail damage are not the original terracotta tiles which further compromises the integrity and heritage value of the home.

§ Sever cracks apparent in every room with parts of the cornices have dropped and fallen off.

 

 

Photo 1: Cracking above the front window

 

In conclusion the house is unsafe and severely damaged beyond repair. It is for these reasons that the HIS strongly supports the demolition of the building in its entirety and justifies its demolition by the fact the building is not a heritage item and retention of any part of the front of the property cannot be achieved for the following reasons;

 

1.  Retention of the front façade cannot be supported as the ties that bind the interior brick work to the exterior appear to have corroded and failed.

2.  Differential movement of parts of the front of the original portion of the house and lateral movement of the internal wall over the front windows suggest it is at a point of collapse.

3.  The site is flood prone and any new residence constructed behind the existing façade will require a floor level much higher than the original building and result in an awkward roof pitches inconsistent with the character of the house and the conservation area.

 

In addition to this the Engineering Report prepared by Lindsay Dynan explains that the rising damp and movement in the footings has undermined the structural integrity of the building. The report stated that “we believe it is possible to preserve the front façade, however it would require underpinning to stabilize the foundations and propping to provide temporary support during construction. This is an expensive procedure and it is our opinion that the cost of maintaining this common façade element far outweighs its structural heritage value”.

 

Further, Council’s external Heritage Consultant has reviewed the applicant’s Heritage Impact Statement and provide the following comments for Council’s consideration:

 

“Considering the main reason for the proposed demolition being the significant structural issues sustained by the subject residence I also obtained verbal advice from a Structural Engineer who has extensive experience in the preservation and stabilisation of heritage buildings with fragile fabric. He has confirmed the findings of the Engineering Report by Lindsay Dynan (dated 10 May 2016) and its relative high expense for underpinning the suggested/preferred partial demolition that would allow for the retention of the façade and two sides, and demolish the remainder of the house.

 

Although, I do not agree with the following statements of the Heritage Impact Statement that demolition of the subject Contributory item can be supported on heritage grounds because

 

-          it does not have a negative impact on the heritage qualities of the conservation area or nearby heritage items.

-          It is not a listed heritage item.

-          It is beyond restoration         

 

I recognise the level of difference in significance and importance given between a Heritage Item and a Contributory item when making decision in such expensive exercise and effort to preserve and maintain the facades of the structure.  It should be noted that the subject residence is not in a derelict state and it is possible to rectify its structural issues from engineering perspective. The matter here is to balance the potential of demolition versus the financial hardship of underpinning between a Heritage Item and a Contributory Item.

 

Given consideration to all above and further assessment of the situation the proposal for the complete demolition of the subject residence can be supported.”

 

For the reasons above, it is considered that there is ample detailed technical evidence provided to justify the demolition of the building in its entirety.

 

West Kensington Heritage Conservation Area

Both HIS studies have acknowledged and assessed the significance of the West Kensington Conservation Area in detail. Its main attributes are its consistent early twentieth century streetscapes and unusual street pattern. Single storey Federation and Inter-War housing predominate with face brickwork constructed and slated and tiled roofs. The Sue Rosen HIS noted that “No.35 Lenthall Street has contributed to the character of the area, particularly the largely obscured front façade, however it is now structurally unsound and beyond repair at a reasonable outlay. Many attempts have been made to save the building, all have failed, thus it has lost its integrity”.

 

The proposal will not alter or change the subdivision pattern of the area which is an important and contributing element to its overall character.

 

Landscaping

The application was referred to Council’s Landscape Officer for comment as there is a large camphor laurel tree dominating the property. It is proposed to retain this tree.

 

Council’s landscape officer made the following comments;

 

Located centrally in the turfed rear yard, there is a large, mature and visually significant Cinnamomum camphora (Camphor Laurel) of at least 20m x 20m, of good health and fair condition, which is covered by the DCP. Council’s aerial photos clearly show the presence of its canopy back in 1955, giving it an age of around 60-80 years.

 

This tree is a major specimen, occupying the entire ‘wedge-shaped’ area in this part of the site, and will need to be retained for this application as there is no justification that could warrant its removal at this stage. Tree roots are present at surface level throughout this area, with cars repeatedly driving over them, so ground protection and protective fencing will be needed, with conditions also allowing clearance pruning of its eastern aspect where necessary where it overhangs the existing house.

 

The HIS refers to several factors that may be contributing to structural damage being caused to the house (tree root damage being one), if the applicant intends to seek its removal in the future as part of a separate application for a new dwelling, relevant supporting documentation would need to be submitted such as an engineering report for the footings, along with a root mapping/Arborist report.

 

Appropriate conditions are included if consent is to be issued to retain and preserve the significant landscaping features and qualities within the Site.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed demolition of the dwelling house is justified in the circumstances of the case. The building is currently in a dilapidated state, structurally unsound and quite unsafe. Technical evidence has been provided by the applicant in the form of an Engineering Report, a detailed Heritage Impact Assessment and original Heritage Statement that all justify that the dwelling cannot be rehabilitated or upgraded due to its poor structural condition.

 

The current dwelling has been modified over time, the large solid front masonry wall hides much of the front façade and the tiled roof which is visible is no longer original as it was replaced recently due to hail damage. As such much of the architectural integrity of the building has been compromised by damage and repair work that has occurred over time.

 

The proposed development will not adversely affect the quality and significance of the streetscape and conservation area given the Sites location on the edge of the area and given its visual condition. The proposal satisfies the provisions of the RLEP and RDCP and any new development on site will need to satisfy the planning controls for development in a conservation area.

 

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. 352/2016 for demolition of the existing dwelling house and associated structures at No. 35 Lenthall Street, Kensington 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

 

Heritage requirements

2.       An archival recording of the property shall be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to the demolition of the building. This recording shall be in accordance with the NSW Heritage Office 2006 Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture. Two copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library and forwarded to the Randwick History Society.

 

3.       Any future replacement building must meet Council’s planning controls relating to development in Conservation Areas.

 

Tree Protection Measures

6.       In order to ensure retention of the numerous significant trees throughout the site; being firstly, along the western boundary, from south to north, a row of six Syzygium paniculatum (Brush Cherry’s), two Casuarina cunninghamiana (River She Oaks), and another Brush Cherry; then towards the northeast corner, the group comprising from north to south; an unidentified species, a large Jacaranda mimosifolia (Jacaranda), and a Persea amercianna (Avocado); then centrally in the rear yard, a large Cinnamomum camphora (Camphor Laurel), and finally, along the southern boundary, between the southwest site corner and vehicle entrance, the row of eleven Alnus jorullensis (Evergreen Alders) and the unidentified species adjacent the western edge of the vehicle access in good health, the following measures are to be undertaken:

 

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

b.       These trees/groups are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 2 metres (measured off the outside edge of their trunks at ground level), matching up with the respective site boundaries in order to completely exclude them for the duration of works.

c.       This fencing shall be installed prior to the commencement of demolition works and shall remain in place until all works are completed, to which, signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

d.       In order to prevent soil/sediment being washed over their root systems, erosion control measures must also be provided at ground level around the perimeter of the TPZ’s.

e.       If additional trunk or branch protection is required, this must be provided by way of wrapping layers of geo-textile, underfelt or Hessian, which shall be secured by lengths of evenly spaced hardwood timbers around their circumference, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

f.       Ground protection comprising strapped together rumble boards, plywood, a 50mm layer of mulch or similar must be provided in the area between the Camphor Laurel and the full length of the western side of the existing dwelling, and must remain in place for the duration of works.

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

h.       Where roots are encountered which are in direct conflict with the approved demolition, they may be cut cleanly, only by hand, not machinery, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

            Pruning

7.       Permission is granted for the minimal and selective pruning of only those lower growing, lower order branches from the trees that are listed in the ‘Tree Protection Measures’ conditions earlier in this report, only where they overhang towards or over the existing dwelling and need to be pruned in order to avoid damage to the trees; or; interference with the approved works.

 

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

 

9.       The site Arborist must contact Council’s Landscape Development Officer directly on 9399-0613 (giving at least 2 working days notice) to arrange a joint site meeting, prior to pruning, to determine the exact location and extent of pruning that is permissible, with the Arborist to comply with any instructions issued by Council.

 

11.     Approval is granted for removal of the two deciduous Magnolia’s, being one each to both the east and west of the existing pedestrian entrance, close to the front of the existing dwelling, as well as the small Citrus tree in the rear yard, closest to the rear of the existing dwelling, should it be necessary as part of the works, as they are all too small to be covered by Council’s DCP.

 

Pruning Certification

20.     Prior to the completion of works/the PCA issuing any Occupation Certificate, written certification must firstly be obtained from Council’s Landscape Development Officer (9399-0613) confirming that the requirements of the ‘Pruning’ condition listed earlier in this report was complied with during the course of works.

 

Attachment/s:

 

1.

DA Compliance Report - 35 Lenthall Street, Maroubra

Included under separate cover

 

 

 


Ordinary Council                                                                                             13 December 2016

 

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Director City Planning Report No. CP74/16

 

Subject:             Proposed Amended Alcohol Restrictions – Dunningham and Goldstein Reserve, Coogee

Folder No:                   F2005/00834

Author:                   Allan Graham, Coordinator Regulatory Projects     

 

Introduction

 

As a result of growing community concern, and discussions with Police, in respect to an increase in incidents of alcohol related anti-social behavior at Goldstein and Dunningham Reserves, Coogee it is the purpose of this Report to recommend to the Council to decrease the times whereby alcohol can be consumed.

 

In this regard, it is proposed to recommend that Council restrict the consumption of alcohol in Goldstein Reserve and Dunningham Reserve between midday and 4:00pm each day.

 

Issues

 

Of concern to both Council officers and Police is the increase in reports from the public regarding alcohol related issues at Coogee. In particular, there has been an increase in concerns that relate to the numbers of intoxicated persons during the daytime in the Reserves which detracts from the overall amenity of these spaces.

 

Recent information provided by Superintendent Karen McCarthy (Eastern Beaches Local Area Commander) has disclosed the following:

·      An analysis of all the calls for police assistance over the last 30 days to the Coogee basin highlighted that police responded to around 260 separate requests.

·      The vast majority of these requests related to anti social behaviour, fighting, brawls, graffiti, intoxicated persons, drug affected persons, suspicious person and noise complaints.

·      Currently police time spent at the Coogee basin is around 6 hours in every 24 in relation to the calls for service. When time for proactive patrolling is added it equates to around 8 hours in 24.

·      The high volumes days were Friday, Saturday and Sunday.

·      Discussions with community precinct groups and licensees all highlight the problems associated of person consuming large quantities of alcohol in the public reserves.

This information supports the observations of Council Rangers who have recently witnessed large groups gathering in both Dunningham and Goldstein Reserves early in the day and continue consuming alcohol. This over time leads to a deterioration in behavior which then ultimately leads to either the public or our Rangers calling for Police to intervene.

Current alcohol restrictions

 

Park name

Alcohol status

Goldstein Reserve, Coogee

Alcohol restricted 6pm – 8am

Dunningham Reserve, Coogee

Alcohol restricted 6pm – 8am

Grant Reserve,  Coogee

Alcohol prohibited at all times

Trenerry Reserve, Coogee

Alcohol prohibited at all times

 

The above restrictions are sign-posted in the parks and enforced by the NSW Police Force who have the power to confiscation and ‘tip-out’ alcohol being consumed contrary to these restrictions.

 

It is of some note that Randwick City Council has a different approach to restricting the consumption of alcohol in its Parks and Reserves to Waverley Council who have a blanket total prohibition on the consumption of alcohol across all parks and reserves within its LGA. Anecdotally, it is Waverley’s total prohibition there appears to cause an element of displacement that has made Coogee the destination where people can come and consume alcohol at a beach side location.   And whilst the consumption of alcohol at Goldstein and Dunningham Reserves from 8:00am to 6:00pm, daily does not contravene the current restrictions, it is the view of Council officers and Police that this is proving problematic when there are large numbers of persons attending and drinking in the Reserves from early in the day.

 

The concern is that under the current restrictions there is the potential for there to be large numbers of persons at varying levels of intoxication in the Reserves during the peak usage periods which can impact not only the amenity of the area but overall public safety.

 

Superintendent McCarthy has indicated that it would be the preference of Police to bring the current alcohol restrictions at Coogee in line with those in the Waverley LGA and make both areas alcohol free. However, Superintendent McCarthy has also expressed to Council that a trial of reduced alcohol consumption hours would certainly be supported and be beneficial to enhance community safety.

 

As such, Council officers recommend that the current alcohol restrictions at Goldstein and Dunningham Reserves be amended to prohibit the consumption of alcohol each day from 4:00pm to Midday, the following day. This strategy would be monitored on an on-going basis by Police and Council and if found not to be effective further restrictions can then be contemplated.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A livable city

Direction 6c:              The safety of our community is paramount and is acknowledged and supported through proactive policies, programs and strategies.

 

Financial impact statement

 

There financial impact for this matter is estimated at $7000.00 - $10,000.00 to modify the existing alcohol signage in Dunningham and Goldstein Reserves at Coogee.

 

 

 

 

Conclusion

 

It is considered that by limiting the time (from midday to 4:00pm, daily) in which alcohol can be consumed at Dunningham and Goldstein Reserves increases the prospects of reducing the levels of intoxication currently being reported to Council and Police.

 

The proposed restriction contained in this Report aim to strike a balance between allowing alcohol to be consumed responsibly and providing NSW Police with enhanced enforcement capability to address the increase in instances of public intoxication and alcohol related anti-social behaviour proactively.

 

Recommendation

 

That:

 

a)     Council resolve to amend the current alcohol restrictions in Dunningham Reserve and Goldstein Reserve so that the consumption of alcohol can only take place between midday and 4:00pm, daily, and

 

b)     the amended alcohol restrictions contained at “a)” does not affect the total prohibition on the consumption of alcohol that is in force on Australia Day, and

 

c)     the current alcohol signage in in Dunningham Reserve and Goldstein Reserve be modified to reflect the amended alcohol restrictions contained at “a)”, and

 

d)     the General Manager liaises with the Eastern Beaches Local Area Commander and any other relevant stakeholder in respect to this matter.

 

 

Attachment/s:

 

Nil

 

   


Ordinary Council                                                                                             13 December 2016

 

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Director City Services Report No. CS16/16

 

Subject:             Maroubra Beach - Proposal to Trial Beach volleyball Under Lights

Folder No:                   F2016/00096

Author:                   Joe Ingegneri, Manager Technical Services      

 

Introduction

 

Randwick Council has received a proposal to trial beach volleyball under lights at Maroubra Beach.  The proposal has been received from the operator that is currently licenced to operate 4 courts at the southern end of Maroubra Beach.

 

Issues

 

The proposal is to trial beach volleyball under lights at the northern end of Maroubra Beach.  There is currently an existing licence to operate beach volleyball at the southern end of Maroubra Beach until 2019.  The operator of the existing licence is proposing the trial.  The 2 locations are shown in the aerial image below.

 

Maroubra Beach - Aerial View

 

The Proposed Beach Volleyball Trial

The proposal is seeking to operate up to 6 temporary volleyball courts on Monday and Wednesday nights between 4:00pm and 10:00pm. 

 

It is intended that the courts be used to run leagues, competitions and learn to play classes on weekdays after work and school hours.

 

The proposal also includes erection of temporary LED flood lights to light up the courts after sunset.  During the trial period, the flood lights will be placed on the existing handrail along the promenade.  The flood lights will be installed and removed when the courts are in use.  The proponent has stated that the power source for the flood lights will either be a petrol generator or a council supplied power source if available.

 

To support the trial, the proponent is requesting that the public toilets be opened to 10pm on the nights of operation.  The layout of the proposed trial is shown below.

 

The requested period of the trial is from October 2016 until 26 April 2017.

 

Proposed Court Layout

 

Assessment

Beach Capacity

During summer months, the northern part of Maroubra Beach is well used, particularly up to 6:30pm.  The proposal is for only 2 days per week and there is adequate beach capacity to accommodate the courts. However, there will be impact to users of the beach in this area if they are required to move to allow the courts to be setup. Should it be absolutely necessary, Council’s lifeguards could request the operator to remove some or all of courts as required.

 

The area of beach where the volleyball courts are proposed is subject to changes in the level of sand.  When the sand levels are low, large rocks and boulders are exposed.  This can be seen in the 2012 aerial of the area below.  The rocks restrict the available area and therefore the number of the volleyball courts.

 

Maroubra Beach Aerial 2012

2012 Aerial Photograph

 

Beach Safety 

The proposed hours of the activity extends beyond 7pm when our lifeguards no longer patrol the beach. 

 

The proposed flood lights will be used to light up the courts and will also partially light up the ocean.  It is considered that swimming after dark is attractive to certain parts of the community and therefore, the floodlighting can be an invitation for the volleyball players, locals and visitors to swim in the ocean late in the evening.

 

This part of the beach can be subject to strong rips and therefore, swimmers may unintentionally place themselves in danger.

 

In general, any events or activities on the beach after 7pm are not approved unless lifeguards are hired to be present to provide the necessary beach safety.  Further, activities are not approved after daylight hours because our lifeguards are restricted in how they are able to respond. The lifeguards are unable to launch the Jet Ski after daylight hours and they themselves are placed at risk because of limited visibility.

 

Due to the continuous use nature of the proposal, rather than a one-off event, it is not possible nor feasible for lifeguards to be hired for the duration of the activity as this will impact on rosters and resources.

 

 

Flood Lights

The proposal plans to install LED flood lights on the promenade railing located approximately 4.5-5.5m above the sand. The power source has been nominated as either a petrol generator or a 15 amp power supply.

 

The challenge to lighting up volleyball courts is to have uniform lighting that does not blind the player when they look up at an oncoming ball.  The proposal to light up 2 rows of volleyball courts from 1 side requires very powerful flood lights that need to be placed at sufficient height to adequately cover the area of play.  If the lighting does not meet the required standards, then players are at risk of injury.

 

It is considered that the proposed flood lighting for the trial does not meet suitable standards and will create the risk of participant safety.

 

Environmental Impacts

The activity is proposed to be conducted during the week until 10pm.  As the background noise levels drop in the local community, the noise generated from a gathering of people playing volleyball late in the evening will have an adverse impact on local residents.  It is considered that this impact will be significant and therefore the 10pm end time is not supported.

 

Facilities

The proposal requests that the nearby public toilets remain open until 10pm on the nights that beach volleyball is proposed.  This creates additional operational needs and costs to councils that would need to be recovered.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Direction 5b:      A range of cultural, sporting and leisure activities.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Beachvolleyball.com.au has submitted a proposal to trial beach volleyball under lights at the northern end of Maroubra Beach.  The trial has been nominated for a period from October 2016 until 26 April 2017. We have assessed the proposed lighting, hours of operation, environmental impacts and beach safety aspects associated with the activity. Unfortunately, it is considered that the nature of the proposal creates lighting impacts that place the players at risk of injury and create potential beach safety impacts. On this basis, the proposal is not supported.

 

Recommendation

 

That the request by Beachvolleyball.com.au, proposing a trial of beach volleyball under lights at the northern end of Maroubra Beach be refused.

 

Attachment/s:

 

1.

The Beachvolleyball.com.au proposal

 

  


The Beachvolleyball.com.au proposal

Attachment 1

 

 

 


Ordinary Council                                                                                             13 December 2016

 

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Director Governance & Financial Services Report No. GF40/16

 

Subject:             Continuation of Community Partnership with Eastern Suburbs District Rugby League Football Club

Folder No:                   F2014/00414

Author:                   David Kelly, Manager Administrative Services     

 

Introduction

 

At the ordinary meeting held Tuesday 8th December 2015 Council resolved:

 

(Andrews/Seng) that:

 

a)     Council continues with the “Community Partnership” with the Eastern Suburbs District Rugby League Football Club with the $30,000.00 plus GST contribution to come from Council’s Community Development budget;

 

b)     the General Manager be delegated authority to enter into a Memorandum of     Understanding with Eastern Suburbs District Rugby League Football Club; and

 

c)     a report on the success of the 2016 Community Partnership to come back        before Council.”

 

In accordance with clause (c) of the above resolution this report is submitted and recommends continuing with this community partnership after another very successful year.

 

Issues

 

Our community partnership with the Eastern Suburbs District Rugby League Football Club was established to target schools and disaffected youth in the central and northern suburbs in the Randwick City area. As part of the partnership, a total of fifty tickets will again be made available to every Roosters’ home game and will be available for Council to distribute as it sees fit. Last year these tickets were used as a reward for progress made at school, for volunteer work undertaken in the local area, for group morale building events, as gifts to schools in the area and for many other reason chosen by Council and its youth workers.

 

Throughout the year there will again be tickets allocated to Council for various events which Council will also be able to utilise as a reward for those community members identified as having made the most outstanding contribution to our community in a voluntary capacity.

 

Once again, under this community partnership, there will be an annual coaching clinic held by the Sydney Roosters at Burrows Park, Clovelly. This year’s event held on 30th November was a great success with over 350 students from schools across the Clovelly, Coogee, Randwick, Kensington and Maroubra areas in attendance. The day was split up into two sessions to accommodate the large numbers of students, with the full Roosters squad in attendance. Council youth workers were again able to invite selected youth they have dealings with to this Clinic. The Roosters will continue to provide high profile player(s) to certain Council events such as White Ribbon Walk, Coogee Family Fun Day, Randwick Spot Festival, Randwick Sports Awards and NAIDOC Week.

 

In addition to these wonderful programs there are a number of other opportunities that both organisations are able to utilise to get our positive messages out into the community. These include, but are not limited to:

 

·           Joint banners at strategic locations throughout Randwick and Clovelly promoting youth events;

·           Youth project related stories from both organisations in our respective newsletters;

·           Including information on both organisations’ youth projects in our rates notice;

·           Links between our websites with each other’s good news and/or important stories on our respective websites and other publications;

·           Roosters school visits could tell the kids about some of Council’s Programs and other youth programs available;

·           The Roosters working with our local chambers of commerce in an attempt to work together to create business and economic development opportunities; and

·           The Roosters working with Randwick City Council Partner organisations, community groups and programmes in particular Aboriginal & Torres Strait Islander Programs and Multicultural Programs and Projects.

 

Our community partnership in 2016 was heavily weighted towards our local primary school aged children benefiting from the clubs’ Roosters Against Racism Program, NRL Wellbeing and Teacher’s Aid programs. In 2016 we also expanded our partnership by adding a new program for our secondary school students entitled “Leadership, Mentoring and Work Experience.” The feedback received on this new initiative has been outstanding.

 

Led by Sydney Roosters Anthony Minichiello and the Roosters Community Department, the program is designed to inspire high school students to define their ambitions and career goals and create the steps to achieve them. Using the NRL Dream Believe Achieve teaching resource, the classroom based program covers SMART goals, resilience, self-belief and leadership. A highlight of the program is a career talk by Anthony Minichiello and how he overcame many challenges throughout his career to achieve success through hard work and determination, consistency and making the right choices off the field.

 

The aim of the program is to harness the Roosters popularity to empower and educate students about the importance of having a dream and how to work towards their goals and aspirations. The program is linked to the Australian Curriculum. To further support year ten students the Sydney Roosters will work in partnership with secondary schools and make available work experience opportunities across all departments of the business including but not limited to Commercial, Marketing, Digital and Community

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2c:              Strong partnerships between the Council, community groups and government agencies.

 


 

Financial impact statement

 

The cost of this community partnership will again be $30,000.00 plus GST per year, which has been allowed for in Council’s Community Development budget.

 

Conclusion

 

This exciting “Community Partnership” with the Eastern Suburbs District Rugby League Football Club has resulted in major benefits for both our organisations and, more importantly, our local community. These benefits have included:

 

·           Both organisations raising their profile in the community through the local media and with mutual marketing and advertising opportunities;

·           Better targeting of schools and particular disaffected youth using high profile footballers who can better connect with these traditionally difficult areas;

·           Greater community awareness of the programs being run by both organisations; and

·           Being able to reward our volunteers, school children and disadvantaged youth for their efforts.

 

Recommendation

 

That:

 

a)     Council continues with the “Community Partnership” with the Eastern Suburbs District Rugby League Football Club with the $30,000.00 plus GST contribution to come from Council’s Community Development budget;

 

b)     the General Manager be delegated authority to enter into a Memorandum of     Understanding with Eastern Suburbs District Rugby League Football Club; and

 

c)     a report on the success of the 2017 Community Partnership to come back        before Council.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             13 December 2016

 

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Director Governance & Financial Services Report No. GF41/16

 

Subject:             Probity Plan for the Commencement of Negotiations of Commercial Terms Associated with the Community and High Performance Centre (CHPC) Project at Heffron Park, Maroubra

Folder No:                   F2016/00540

Author:                   David Kelly, Manager Administrative Services     

 

Introduction

 

In accordance with the resolution of the Council Works Committee Meeting held 9th February 2016, Council has resolved to support in principle the construction of a new Community and High Performance Centre to be located in the western part of Heffron Park, on Bunnerong Road. In addition, Council’s funding commitment to the project was adopted at its Council meeting of 25 June 2013, at which Council resolved

 

“That:

a)      Council progress the proposal to relocate the South Sydney “Rabbitohs” Rugby League Club training and administration facilities to Heffron Park;

b)      an application be made to the Federal Regional Development Australia Fund (Round Five) grant funding for the project; and

c)      a cap of $3 million of Council funding be placed on this project.”

 

In order to proceed with the negotiations of the commercial terms associated with this project, Council has appointed an expert probity advisor to formulate a probity plan and to advise on probity requirements throughout the negotiations. A negotiation protocol will also be required to be agreed upon by both parties prior to entering into formal negotiation regarding project particulars. The purpose of this report is to seek Council endorsement of the attached probity plan and negotiation protocol so that the negotiations can commence as soon as possible.

 

Issues

 

As this project will require direct negotiations between Council and the South Sydney Football Club, Office of Local Government Guidelines and ICAC Guidelines both dictate that a detailed probity plan is required prior to the commencement of the project. The attached Probity Plan (Plan) provides a framework for maintaining the probity and integrity of the direct negotiation process with South Sydney District Rugby League Football Club Limited.

 

This Plan outlines principles, processes, procedures, roles and responsibilities required to mitigate and manage probity risks associated with the process in accordance with the five inter-related probity principles or ‘fundamentals’ identified by the Independent Commission Against Corruption (ICAC) as follows:

 

·           Accountability of the participants and transparency of the process;

·           Fairness, impartiality and honesty in carrying out the process;

·           Management of actual, potential and perceived conflicts of interest;

·    Maintenance of confidentiality and security of documentation and information; and

·    Attaining best possible value for money under the prevailing circumstances.

 

This Plan applies to Council staff and any external consultants or advisers connected with the project.

 

Federal Government funding has been made available for part of the project which will be procured by the Club, specifically for this project. In addition, it is anticipated that State funding will also be available which will be procured by the Club specifically for this project. If it were not for these purposed grants provided to the Club by these levels of government, this direct negotiation would likely not be taking place with the Club. This funding placed the Club in a unique position. Equally, if it were not for the suitability of this land in Maroubra, these discussions with this Club would also not be taking place.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1b:      The Council is a leader in the delivery of social, financial and operational activities.

 

Financial impact statement

 

Council has previously resolved to contribute $3million towards this project. The engagement of legal and probity advice has been accommodated in Council’s operating budget. The financial impact associated with the construction and operation of the proposed Community and High Performance Centre will be subject to Council’s future endorsement of an Agreement for Lease and Lease.

 

Conclusion

 

As Council is aware, the club has so far secured $17 million for this project. This funding consists of $10 million from the Australian Federal Government, $3 million from the Council and $4 million of their funds. The commercial terms need to be negotiated and approved by the Council in order to inform the final business plan.

 

The business plan is a requirement of the OLG guidelines and good practice. The club has submitted the first round Expression of Interest application with the State Government. It is now required to prepare a detailed final submission "the full application" by 31st March 2017. The commercial arrangements need to be resolved prior to South's final round submission to the State Governments National Rugby League Centres of Excellence Program. The club is seeking $15.31 Million contribution from the State Government.

 

In order to proceed towards finalisation of the abovementioned business plan, the attached probity plan requires Council endorsement. The probity plan has been developed after extensive consultation and detailed advice from probity experts O’Connor Marsden & Associates and Council’s legal advisers Corrs Chambers Westgarth.

 

 

 

Recommendation

 

That:

 

a)         Council endorse the attached probity plan and negotiation protocol;

 

b)     once the attached negotiation protocol has been executed, Council enter into direct negotiations with the South Sydney District Rugby League Football Club Limited for an Agreement for Lease and Lease for the Community and High Performance Centre, with a report to be brought back to Council; and

 

c)     the General Manager be delegated authority to make minor alterations to the probity plan as required, subject to consultation with Council’s independent probity advisers.

 

 

Attachment/s:

 

1.

Final Community & High Performance Centre Probity Plan & Associated Negotiation Protocol

 

 

 

 


Final Community & High Performance Centre Probity Plan & Associated Negotiation Protocol

Attachment 1