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Ordinary Council Meeting

 

Supplementary 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 6:00 p.m.

 

 

 

Mayoral Minutes

MM45/16  Lea Yanitsas - Request for Financial Assistance - FINA World Championships in Hungary................................................................................................ 1

MM46/16  Surfing NSW - request for assistance........................................................ 3

MM47/16  Proposed partnership initiative to establishment a 'Foodbank' in Lexington Place  ....................................................................................................... 5

MM48/16  Request from Ave Maria Community - Waiving of Fees for Randwick Community Centre.................................................................................... 9

MM49/16  Request for Waiving of Fees for Malabar Memorial Hall - Kangarusski Group                                                                                                                11 

 

Director City Planning Reports (record of voting required)

 

CP75/16   32-34 Perouse Road, Randwick (DA/128/2016) (Deferred).................... 13

CP76/16   236 Alison Road, Randwick (DA/120/2016) (Deferred)........................ 161

 

Director City Planning Reports (record of voting NOT required)

 

CP77/16   Draft Kingsford and Kensington Planning Strategy (Deferred)............. 227

CP78/16   Request for rezoning review- Kingsford Triangle Site............................. 249          

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                                         13 December 2016

 

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Mayoral Minute No. MM45/16

 

Subject:              Lea Yanitsas - Request for Financial Assistance - FINA World Championships in Hungary

Folder No:                F2005/00182

Author:                     The  Mayor, Cr Noel D'Souza      

 

Introduction

 

A request has been received from Lea Yanitsas, a local resident and member of the Australian Olympic Water Polo team to receive funding to assist her with training and preparation for the 17th FINA World Championships to be held in Hungary in 2017.

 

Issues

 

Mrs Yanitsas and I met to discuss her achievements in the field of Water Polo and her dedication to the pursuit of excellence in her field. During this discussion it was highlighted the difficulty she faces travelling each morning to Homebush to undertake her training, affecting her ability to maintain a steady income.

 

Mrs Yanitsas and I also discussed her charitable works and community focused aspirations to assist up and coming Water Polo champions in the sport.

 

Financial impact statement

 

Should Council be of the view to accept the recommendation, the financial impact to Council would be a one-off cost of $1,193.40.

 

Conclusion

 

On the basis that Randwick City Council has a proud sporting heritage and is home to a number of world class athletes, I recommend that Council support Lea Yanitsas by providing her with financial assistance to assist with her training and preparation for the upcoming FINA World Championships in Hungary.

 

 

Recommendation

 

That, Mrs Lea Yanitsas be provided with funding to the amount of $1,193.40 from the 2016-17 contingency fund to assist with her training and preparation.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                         13 December 2016

 

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Mayoral Minute No. MM46/16

 

Subject:              Surfing NSW - request for assistance

Folder No:                F2016/00096

Author:                     The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Mr Mark Windon, Chief Executive Officer of Surfing NSW, has written to Council seeking a funding contribution towards the World Tour Surfing Event, the Carve Pro, to be held at Maroubra Beach in January 2017.

 

Issues

 

This four day event will be held from 19-22 January and is the first World Tour Event for the year, with:

 

-    Over 200 competitors from 16 different countries

-    An opportunity, through wild cards, for some local up and comers to experience competition at the elite pro level

-    Webcast to a global audience

-    The event forming part of the NSW Pro Tour – the only series on the World Tour which caters for local athletes.

 

Council has assisted Surfing NSW with a number of similar events in previous years.

 

Financial impact statement

 

If the report recommendation is adopted, the cash sponsorship requested, being $7,500, will be funded from the 2016-17 Contingency Fund.

         

Conclusion

 

It is considered that the four day international event will benefit the local area as well as promoting Maroubra Beach to both the Australian and international surfing communities. It is also a unique event for the community to witness and will have the added bonus of providing some of our local up and coming surfers the chance to experience competition at the elite level.

 

Recommendation

 

That:

 

a)     Council approves $7,500.00 cash sponsorship to Surfing NSW for the World Tour Surfing Event scheduled for 19-22 January 2017 at Maroubra Beach with funds to be sourced from the 2016-17 Contingency Fund;

 

b)     Surfing NSW be requested to appropriately and prominently acknowledge and promote Council’s contribution to the production of the event.

 

 

Attachment/s:

Nil

 


Ordinary Council                                                                                                         13 December 2016

 

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Mayoral Minute No. MM47/16

 

Subject:              Proposed partnership initiative to establishment a 'Foodbank' in Lexington Place 

Folder No:                F2009/00217

Author:                     The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Residents living in specific pockets of residential areas within the South Maroubra area, such as Malabar, Matraville and Maroubra South suffer from a high level of disadvantage, compared with the more advantaged parts of Sydney’s East. They are disproportionately:

 

§ social housing tenants,

§ overseas born with low English proficiency

§ Aboriginal 

§ live in families with no employment

§ live in welfare dependent families

§ children aged 15-19 years that are not engaged in learning

 

In 2010, Randwick City Council adopted its social plan, entitled An Inclusive Randwick City for implementation as part of its delivery program.  This plan identified the need to work with government agencies and local service providers in response to residents with on-going support needs or who are in crisis e.g. domestic violence, child neglect, mental health illness, drug and alcohol related problems (An Inclusive Randwick City, p38). A related issue which is often seen to exacerbate the circumstances of a disadvantaged household is the rising cost of fresh food and vegetables, and the impacts on family health and well-being. Families on low incomes are choosing cheaper and unhealthy food options that can lead to increased incidents of chronic illnesses, obesity and, ultimately, curtailed opportunities in adulthood and employment.

 

Department of Health officers (of the South East Sydney Local Health District), Maroubra Local Area Command and Council staff have joined forces to discuss the merits of establishing a community services hub in Lexington Place comprising of:

 

§ food bank facility where families can purchase fresh food and vegetables at affordable cost,

§ meeting or counselling spaces where funded organisations can deliver their social services and programs from a venue that is conveniently located, and

§ potentially a social enterprise cafe project aimed at creating employment opportunities for young local residents,

 

The proposal generated considerable interest among our key government agencies and they have agreed to proceed with the establishment of this proposed community services hub at Lexington Place. It is also envisaged that the Council’s community development project officers will assume a lead role in overseeing its initial establishment.

 

The purpose of this report is to seek Council’s in principle support for this worthwhile project. The South East Sydney Local Health District (SESLHD) and Department of Family and Community Services (FACS) have undertaken to contribute towards the rent and fit out costs of the hub in Lexington Place, Maroubra. SESLHD has indicated that its financial contribution will be in the vicinity of $20,000 plus.  FACS is expected to contribute similar amounts in cash and/or in-kind. As the exact costing of the commitment is yet to be established, its recommended that a report be prepared for a Council meeting in the new year detailing the exact scope of the project and Council’s commitment in terms of monetary contribution and the staff resources to oversee the hub’s initial project establishment. Council staff will also assist in the coordination of support services to be provided from the hub by various partner agencies.

 

Issues

 

Indicators of disadvantaged & population profile

 

Local south east Sydney divisions of state government agencies (Health, FACS, Education & Correctional Services) have identified pockets of areas within the suburbs of Maroubra, Matraville and Malabar as being comparatively disadvantaged. The postcode 2036 (comprising of Malabar, Matraville, Chifley, Eastgardens, Hillsdale, La Perouse, Little Bay, Philips Bay) has the most disadvantaged neighbourhood within the South East Local Health Area in terms of:

 

§ Year 9 numeracy and reading

§ Psychiatric admission rates

§ Criminal and juvenile conviction rates & prison admission rates

 

Residents living in this area of interest are disproportionately:

 

§ Social housing tenants

§ Overseas born with low English proficiency

§ Social housing tenants

 

In terms of health indicators, they disproportionately:

 

§ Live with severe disabilities

§ Live in single parent families

§ Live in welfare dependent families with no employment

§ Are not engaged in learning or earning (15-19 years old)

§ Are more likely to live with and die from many chronic conditions e.g. cardiovascular and respiratory disease

§ Die 5 plus years earlier

 

Based on the 2012 Australian Early Development Census, the highest proportions of developmentally vulnerable children with the Randwick LGA live in Maroubra and Matraville (nearly 1 in 5 children).

 

Community Hub

 

On the basis of the above information, officers from SESLHD, NSW FACS, and Police have agreed to collaborate with Randwick Council to develop a ‘Foodbank’ and community hub facility based in Lexington Place.  The ‘hub’ will generally be based on the Early Years Collaborative (EYC), a multi-agency, bottom up quality improvement program focusing on those in most need and to improve outcomes for children and families.

 

The proposed community hub will initially comprise of:

 

§ A foodbank where registered families and individuals can purchase affordable fresh food

§ A variety of rooms to accommodate various uses e.g. counselling, meeting, training and activity space for multiple local service providers and government agencies to deliver a variety of support services to those in need

§ An activity space for delivering health and well-being related workshops/programs to better equip parents and caregivers with the necessary skills to avoid adverse childhood events, and to encourage development of social and emotional well-being and resilience in children

§ A social enterprise café to train locals into employment, subject to funding being available.

 

Having a place-based community hub will improve access to much needed support services for residents living in the South Maroubra area.  Likewise, community organisations can run their programs from the office space/counselling rooms located in the community hub, minimising the need for their clients to travel longer distances to access their services.

 

In terms of resourcing commitment, both the NSW Department of Health’s SESLHD and Families and Community Services are the key contributors towards the cost of establishing the proposed community hub. It is estimated that the set up costs for the Foodbank facility and office accommodation will be in the vicinity of $90,000.  Father Riley from Youth Off the Street has agreed to assist with the cost of the internal fitout while the community project unit from Long Bay will provide the labour and some carpentry work.

 

Council’s monetary contribution will be determined when the exact costings are available. Council will also be making an in-kind contribution as state agency partners will require our community development staff to play a lead role in the hub’s initial establishment. This is because the Council has established links with local residents and its network of support service providers.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction2c:       Strong partnerships between Council, community groups and

                         government agencies.

 

Financial impact statement

 

The establishment of a community services hub has yet to be fully costed as the project is still at an early development stage. Council’s monetary contribution will be detailed in a report to Council in the new year. In addition, there will be an in-kind contribution of a community project officer working to establish the community hub project, which will be covered by existing staff resources.

 

Conclusion

 

The area identified within South Maroubra is highly disadvantaged with very low income residents living chaotic or traumatic lives. Having a place-based community hub will improve access to much needed support services for residents living in the area. Community organisations will also be able to run their programs from the office space/counselling rooms located in the community hub, minimising the need for their clients to travel longer distances to access their services

 

 

 

 

Recommendation

 

That Council provide its in principle support for establishment of a foodbank/ community services hub at Lexington Place and that a report be provided to Council in early 2017 detailing Council’s monetary and staff commitment to the project.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                         13 December 2016

 

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Mayoral Minute No. MM48/16

 

Subject:              Request from Ave Maria Community - Waiving of Fees for Randwick Community Centre

Folder No:                F2016/00098

Author:                     The  Mayor, Cr Noel D'Souza      

 

Introduction

 

A request has been received from Mr Sabu John, Secretary of the Ave Maria Community Group for Council to waive the fees associated with the hire of the Randwick Community Centre for a Christmas gathering to be held on Sunday 18th December, 2016.

 

Issues

 

The Ave Maria Community Group is a non-profit social gathering group based in Matraville that promotes local and ethnic culture and values. Invitations had been sent out for the annual Christmas celebration at the usual venue, only for the group to be advised at the last minute that their usual hall was suddenly unavailable.

 

In order for this worthwhile community group to be able to gather and showcase their cultural heritage, whilst entertaining and educating our community, I am proposing that we waive the fees usually associated with the hire of the Randwick Community Centre for Sunday 18th December, 2016.

 

Financial impact statement

 

The usual hiring cost is for an event from 5:00pm through to 10:00pm with access from 3:00pm to set up until 11:00pm to pack down is $800.00. There is a refundable bond of $950.00 which must be paid in advance by the hirer. These funds will be paid from the Council Contingency Fund.

 

Conclusion

 

The Ave Maria Community Group is requesting the costs associated with hiring the Centre to be waived for this occasion. As they provide an invaluable community service it is considered appropriate to waive the costs associated with this event.

 

 

Recommendation

 

That Council waives the Randwick Community Centre hire fees associated with the Ave Maria Community Group Christmas event to be held on Sunday 18th December, 2016 with the funds to come from the Council Contingency Fund 2016/17.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                         13 December 2016

 

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Mayoral Minute No. MM49/16

 

Subject:              Request for Waiving of Fees for Malabar Memorial Hall - Kangarusski Group

Folder No:                F2016/00098

Author:                     The  Mayor, Cr Noel D'Souza      

 

Introduction

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A request has been received from Ms Anna Maylis, Event Manager of the Kangarusski Group for Council to waive the fees associated with the hire of the Malabar Memorial Hall for a Christmas gathering to be held on Sunday 18th December, 2016.

 

Issues

 

Kangarusski are the official body and voice of the Russian-Jewish community of Sydney. They are a volunteer-run, non-for-profit organisation which holds multicultural community events for charitable fundraisers to benefit education and unity. Their demographic spans from young families to elderly residents, primarily in the Eastern Suburbs.

 

Ultimately, their aim is to provide further low cost community-building opportunities throughout 2017 at their Centre, suitable for all families which will strengthen the engagement of the Russian-Jewish community to their local neighbourhood and councils. Kangarusski have requested Council waive the hiring fee for the Malabar Memorial Hall for a three hour period so they can hold a fundraising event.

 

Financial impact statement

 

Casual hire of community hall is for a minimum of three hours and at the casual, non-commercial rate of $36 per hour, hiring fees would total $108.00. A bond of $350.00 is payable by all hirers prior to a key being issued.

 

Conclusion

 

The Kangarusski Group is requesting the costs associated with hiring the Hall to be waived for this occasion. As they provide an invaluable community service it is considered appropriate to waive the costs associated with this event.

 

 

Recommendation

 

That Council waives the Malabar Memorial Hall hire fees associated with the Kangarusski Group fundraising event to be held on Sunday 18th December, 2016 with the funds to come from the Council Contingency Fund 2016/17.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                         13 December 2016

 

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Director City Planning Report No. CP75/16

 

Subject:              32-34 Perouse Road, Randwick (DA/128/2016) (Deferred)

Folder No:                DA/128/2016

Author:                     Kerry Kyriacou, Acting Director City Planning       

 

Introduction

 

At the Planning Committee meeting of 6 December 2016 it was resolved:

 

(Matson/Roberts) that the application be deferred to the next Council Meeting to enable the legal advice from the objectors to be considered by the Councillors.”

 

Issues

 

The reports submitted to the 25 October Council Meeting and the 6 December Planning Committee Meeting are attached, along with the DA Compliance Report.

 

Conclusion

 

The recommendation from the 6 December Planning Committee Meeting is repeated below.

 

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/128/2016 for Alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 9 rooms and basement parking for 10 vehicles fronting St Pauls Lane, at No. 32-34 Perouse Road, Randwick, subject to the following standard conditions to this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA 01 Revision C

PTI

09/09/2016

12 September 2016

DA 02 Revision C

09/09/2016

12 September 2016

DA 03 Revision C

09/09/2016

12 September 2016

DA 04 Revision B

20/05/2016

12 September 2016

DA 05 Revision C

20/05/2016

12 September 2016

DA 06 Revision C

20/05/2016

12 September 2016

DA 07 Revision C

20/05/2016

12 September 2016

DA 08 Revision C

09/09/2016

12 September 2016

DA 09 Revision C

09/09/2016

12 September 2016

DA 10 Revision C

09/09/2016

12 September 2016

DA 11 Revision C

09/09/2016

12 September 2016

DA 12 Revision C

09/09/2016

12 September 2016

DA 13 Revision C

09/09/2016

12 September 2016

DA 13.1 Revision C

09/09/2016

12 September 2016

DA 15 Revision C

09/09/2016

12 September 2016

DA 25 Revision C

09/09/2016

12 September 2016

DA 26 Revision B

20/05/2016

12 September 2016

 

Amendment of Plans & Documentation

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

 

a.     An acoustic and visual privacy screen having a minimum height of 1.6m above floor level must be provided around the extremities of the common circulation spaces (at the northern, north eastern, eastern and southern ends) at ground, level 1 and level 2.  The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame. Signage shall be installed at each lobby area to the boarding house stating please keep levels of noise to a minimum and to be mindful of neighbour’s amenity.

 

b.     The west facing windows and openings must be provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

c.      The sill of the proposed south facing windows of the shop top housing building shall be raised to 1.6m above the internal floor levels. Alternatively these windows may be fixed (to 1.6m above floor level) and treated with obscured glazing to the specified height.

 

d.     A 600mm metre wide planter shall be installed along the northern and western side of the Level 2 communal open space area alongside the balustrade. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

e.     A 600mm planter shall be installed along the western, southern and eastern end of the level 2 terrace associated with the Accessible unit 9. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

Parking

f.      Vehicle parking shall be provided for this development in strict accordance with the manufacturer’s specifications of the proposed Squareparker system and the conditions of this development consent. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.        The colours, materials and finishes of the proposed development must be in accordance with the external surfaces schedule plan Number DA 25 Revision C dated 20/05/2016. Any metal roof sheeting or elevations are to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

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 $3,031,505.00 the following applicable monetary levy must be paid to Council: $30,031.50.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

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

 

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

 

Design Alignment levels

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

 

·         To be provided in writing by the Development Engineer after plans for the proposed civil works in St Pauls Lane have been assessed.

 

The design alignment levels at the property boundary as issued 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.

 

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

 

Civil Works

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

 

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

 

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

 

Carpark Design

11.      Plans & documentation submitted for the construction certificate must satisfactorily demonstrate the following to the satisfaction of the PCA;

 

·     The  carpark’s access driveway, grades & height clearances  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).

 

·     The proposed ‘Squareparker’ parking system must be able to be satisfactorily provided within the design space provided in accordance with manufacturer’s specifications.

 

·     Emergency pedestrian access must be provided to the basement level independent of the vertical conveyor in accordance with BCA requirements.

 

·     The proposed disabled space is to be provided in accordance with AS 2890.6

 

·     Bicycle Parking to be provided in accordance with AS 2890.3

 

12.      A traffic control system is to be installed to coordinate the operation of the waiting bay with the squareparker parking system. Full design and location details of the proposed signaling system shall be submitted with the construction certificate documentation for approval by the certifying authority. A copy shall be forwarded to Council if Council is not the certifying authority.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.         Roof areas

ii.        Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

e)       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.

 

f)        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.

 

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

 

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

 

b)      The stormwater must be discharged (by gravity) either:

 

i.     Directly to the kerb and gutter or drainage system in front of the subject site in Perouse Road or  St Pauls Lane street/road; or

 

ii.    To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)      Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the redeveloped portion of the site does not exceed that which would occur during a  1 in 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

d)     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

e)      Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

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

 

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

 

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

 

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

 

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

 

j)      A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

·       The pit being constructed from cast in-situ concrete, precast concrete or double brick.

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

·       A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

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

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

·       Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

k)      The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

m)     The maximum depth of ponding in any above ground detention areas and/or infiltration systems with above ground storage shall be as follows (as applicable):

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

ii.    300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

iii.    600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10

iv.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

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

 

o)      A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

p)      Mulch or bark is not to be used in on-site detention areas.

 

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

 

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

 

Site seepage

15.      The development shall comply with the following requirements to ensure the adequate management of site seepage and sub-soil drainage:

 

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 the ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).

 

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

 

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

                 

e)    Details of the proposed stormwater drainage system including methods of tanking the basement level 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 level must be forwarded to Council if Council is not the Certifying Authority.

 

Sydney Water

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

 

The approved plans must be submitted to the Sydney Water Tap in™ online service, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

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

 

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

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

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

 

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

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

 

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

 

Waste Management

17.      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.

 

18.      The commercial garbage area must be separated from the residential bin storage areas.

 

19.      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.

 

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

20.      In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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.

 

Building Code of Australia (BCA)

21.      In accordance with section J of the BCA, the requirements and commitments contained in the relevant report must be complied with.

 

The required commitments listed and identified in the report 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 Section J commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

        Landscape Plan

22.      The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16, as amended by condition 2 of this  consent.

 

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

23.      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

24.      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

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

·             location and construction of protective fencing / hoardings to the perimeter of the site;

·             location of site storage areas/sheds/equipment;

·             location of building materials for construction;

·             provisions for public safety;

·             dust control measures;

·             site access location and construction

·             details of methods of disposal of demolition materials;

·             protective measures for tree preservation;

·             provisions for temporary sanitary facilities;

·             location and size of waste containers/bulk bins;

·             details of proposed sediment and erosion control measures;

·             provisions for temporary stormwater drainage;

·             construction noise and vibration management;

·             construction traffic management details.

 

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

 

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

 

Demolition Work Plan

28.      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

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

 

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

 

Construction Traffic Management

31.      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 (RTC), for a ‘Works Zone’ to be provided in Perouse Road 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 (RTC).

 

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.

 

NOTE: The applicant is to meet the full cost of any adjustment to the existing road signage and relocation of the bus zone, as required by Council’s Transport Engineers and RTC.

 

32.      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

·       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.

 

Landscape Plan

33.      The Certifying Authority/PCA must ensure that the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16 are amended to include the following details:

 

a)       The Planting Plan & Plant Schedule must nominate what species will be planted where, including quantities/densities, along with any other details required to describe the works;

 

b)       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with details confirming compliance to be provided;

 

c)       The species shown for the Ground Level garden bed fronting St Paul’s Lane must only be those that will not encroach past the northern boundary, onto the roadway, and cause a physical or visual obstruction.

 

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

34.      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

35.      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

36.      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

37.      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

38.      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

39.      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

40.      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

41.      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.

 

42.      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.

 

43.      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

44.      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

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

 

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

 

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

 

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

 

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

 

Traffic Management

46.      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.

 

47.      All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

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

 

Stormwater Drainage

49.      Adequate provisions must be made to collect and discharge stormwater drainage during construction 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.

 

Tree Management

50.      Approval is granted for the removal of all vegetation within the site in order to accommodate the works as shown, including the shrub/tree in the western side setback, subject to full implementation of the approved landscaping.

 

51.      Should the Schefflera actinophylla (Umbrella Tree) or Bamboo that is growing within a sleeper garden bed that has been created beyond the northeast corner of the site, wholly on the St Paul’s Lane carriageway need to be removed, Council authorizes this, wholly at the applicant’s cost, who must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

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

52.      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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

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

b.        Construct new section of roadway in front of new crossing as required

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

 

NOTE: All work is to be to Council’s specifications and requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

Sydney Water Requirements

56.      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

57.      As a mains power distribution pole is located on the same side of the street and within 15m of the development site, the applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Perouse Road and the development site to an underground (UGOH) connection.

 

Stormwater Drainage

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

Notes:

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

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

 

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

 

·         The location of any detention basin/s with finished surface levels;

·         Finished site contours at 0.2 metre intervals;

·         Volume of storage available in any detention areas;

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

·         The orifice size/s (if applicable);

·         Details of any infiltration/absorption systems; and

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

 

60.      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.

 

61.      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 level 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..

 

Waste Management

62.      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.

 

63.      The waste storage areas shall be clearly signposted.

 

Parking

64.      The proposed ‘squareparker’ parking system must be fully installed and operational prior to the issuing of any form of occupation certificate. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

NOTE: This shall include installation of the waiting bay and signaling system

 

Landscaping

65.      Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date the completed landscaping was inspected, and that it has been installed substantially in accordance with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16.

 

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

 

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.

 

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

 

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

 

68.      The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

70.      No parties or amplified music in outdoor courtyard area at any time.

 

71.      The maximum number of boarders permitted to reside in the boarding house is limited to 18 persons

 

72.      The maximum permitted number of people in either the outdoor common area or indoor communal area is restricted to 12 people.

 

73.      The doors to the communal area is to be kept closed between the hours of:

 

Monday to Sunday:       10pm-7pm  

 

74.      The use of all outdoor common areas are restricted for use between:

Monday- Sunday 7:00am – 10:00pm

 

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

 

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

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

 

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

 

76.      A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council 3 months after occupation certificate being issued for the development, which demonstrates that noise and vibration emissions from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant conditions of consent (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

77.      Design and details of the car park exhaust and car park roller door are to be reviewed by a suitably qualified consultant and statement certifying design compliance provided to the certifying authority prior to a construction certificate being issued.

 

78.      The plan of management Operational Plan of Management ref no: dated July 2016 for the boarding house at 32-34 Perouse Road Randwick submitted with this proposal shall be implemented at all times

 

79.      The operator or caretaker of the boarding house accommodation must be a responsible person over the age of 18 years.

 

80.      A notice is placed near the entrance to the property in a visible position to the public advising of the operators name and after hours contact number.

 

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

 

82.      A record of all residents with details of their names, length of stay & number of persons in each room shall be maintained by the operator of the premises. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

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

 

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

 

85.      There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

88.      Places of shared accommodation must comply with the Local Government (Orders) Regulation 1999 and the premises must be registered with the Council prior to occupation and on an annual basis, and the approved registration/inspection fee is to be forwarded to Council prior to occupation.

 

External Lighting

89.      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.

 

Residential Parking Permits

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

 

91.      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.

 

Plant & Equipment

92.      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.

 

Swimming/Spa Pools

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

 

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

·       before 7.00am or after 8.00pm on any other day.

 

Air Conditioners

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

 

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

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

 

95.      The operation of plant and equipment such as rainwater tanks, air conditioning equipment 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.

 

96.      Public notice and signs, are required to be installed as follows:

       

·     A sign showing the name and contact number of the managing agent or person responsible for the overriding operation of the boarding house facility, placed near the front entry and in a visible position to the public;

·     Clear display of fixed room identification number for each boarding room; and

·     Internal signage prominently displayed in each boarding room and/or communal living areas informing maximum number of lodgers per room, house rules, emergency contact numbers for essential services, annual fire safety statement and current fire safety schedule and emergency egress routes and evacuation plan.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

A8       Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A9       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.

A10     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.

 

A11     This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A12     Smoke alarms are required to be installed in all residential dwellings, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia.  Details should be included in the construction certificate application.

 

A13     Demolition work and removal of asbestos materials:

 

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

 

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

 

A14     Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

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

 

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

 

 

Attachment/s:

 

1.

Report - 25 October 2016 Council Meeting

 

2.

Report - 6 December 2016 Planning Committee

 

3.

DA Compliance Report - 32-34 Perouse Rd, Randwick

 

 

 

 


Report - 25 October 2016 Council Meeting

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D91/16

 

Subject:              32-34 Perouse Road, Randwick (DA/128/2016)

Folder No:                DA/128/2016

Author:                     Louis Coorey, Senior Environmental Planning Officer      

 


Proposal:                  Alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 9 rooms and basement parking for 10 vehicles fronting St Pauls Lane.

Ward:                        East Ward

Applicant:                J.S.R.T. Pty Limited

Owner:                     J.S.R.T. Pty Limited

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to the Planning Committee Meeting as it has a cost of works valued over $2m.

 

 

Proposal

 

Alterations and additions to the existing building (containing shop top housing with commercial premises at ground level and residential units above) fronting Perouse Road. The alterations and additions generally include internal reconfiguration and window changes. The proposed development is seeking construction of a new 4 storey boarding house comprising of 9 rooms (reduced from 10 originally proposed and basement parking for 10 vehicles fronting St Pauls Lane.

 

Amended plans

 

The applicant submitted amended plans following the Design Review Panel comments and Councils concerns with the site planning having regard to the size of rooms, building envelope controls in the Spot DCP, the site planning for level 2 communal open space having regard to neighbour’s amenity and character of the area. The details of the proposed amendments are as follows:

 

·     Reduction in the southern side boundary wall down to 8.1m with a 45 degree return – this required the deletion of one boarding room at the upper most level both increasing its side setback and reducing the FSR on site to 1.75:1 which is below the 2:1 FSR standard permitted under the State Environmental Planning Policy – Affordable Rental Housing 2009 (ARSEPP) – Part 2 Division 3 Boarding Houses.

 

·     Reduction in boarding room sizes to ensure that they are below the 25sqm set by the ARSEPP

 

As the amended plans reduced the impacts, they were not re-exhibited.

 

Site

 

The subject site is located on the western side of Perouse Road with a rear boundary fronting St Pauls Lane. The subject site is presently occupied by a three story mixed commercial/residential flat building dating from the 1970s within The Spot Heritage Conservation Area.  The site has a frontage along Perouse Road, a side boundary adjoining two similarly configured mixed use buildings and is on a (skewed) site with an overall area of 548m².  Neighbouring the property to the rear is St Pauls Lane which forms access ways for a number of residential properties along St Pauls Street and Soudan Street. To the north and south, similarly configured buildings comprise commercial premises at ground level and residential use above. To the rear the properties are mostly occupied for residential uses within the R3 Medium Density residential zone. Figure 1 is an aerial view of the subject site and surrounding area.

Aerial view of subject site and surrounding area.

 

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 original notification process:

 

·     Urbis on behalf of owners of 14 St Pauls Lane

·     14 St Pauls Lane (aka 13A Soudan Street), Randwick

·     7 Soudan Street, Randwick

·     9 Soudan Street, Randwick

·     11 Soudan Street, Randwick

·     11A Soudan Street, Randwick

·     15 Soudan Street, Randwick

·     19 St Pauls Street, Randwick

·     23 St Pauls Street, Randwick

·     25 St Pauls Street, Randwick

·     27 St Pauls Street, Randwick

·     Resident of Perouse Road

·     2/22-24 Perouse Road, Randwick

 

Issue: The proposal is not compatible and will be inappropriate both in terms of material, bulk and scale and form with the surrounding developments and the heritage nature of the area.

 

Comment: The proposed development has been reduced in size along the southern elevation with an increased setback at the upper level. The southern elevation will have a wall that is effectively 8.01m in height measured from the neighbour’s ground level. It is not considered that it will not detract from the significance of the heritage conservation area or the heritage items along St Pauls Street or those along Perouse Road. The proposed development is considered to satisfy the character test set out under Clause 30A of the Affordable Rental Housing SEPP 2009.

 

Issue: There is no through site links to St Pauls Lane as required by the control under Part D8 The Spot.

 

Comment: The subject site is not considered amenable to providing a link through to St Pauls Lane given the change in street levels and the size of the site.

 

Issue: The materials and finishes will overwhelm the design wining awarded building at No. 14 St Pauls Lane.

 

Comment: The proposed development has been assessed by council’s Heritage Consultant and the proposed materials and finishes are considered to be acceptable in the context of the conservation area.

 

Issue: The proposed development will conflict with the approved parking for 13A Soudan St (aka 14 St Pauls Lane) and 15 Soudan Street

 

Comment: Access to these properties will not unduly be impacted by the proposed development as it will meet its carparking requirements.

 

Issue: Insufficient landscaping provided on site

 

Comment: The Landscaping provided is not inconsistent with the existing provision of landscaping on site or the previous approval issued by Council. It is also considered that in the context of a business zone, the provision of landscaping is generally lower than that which would be provided for development in the residential zone. Moreover, the proposal provides open elements in the centre of the site which results in a better planning outcome having regard to the amenity of both the northern and southern neighbour’s buildings and the openings opposite.

 

Issue: Movement of vehicles from the garage will be very restricted and create a hazard for the car parking beside No. 14 St Pauls Lane.

 

Comment: Council’s Development Engineer considers that the parking and movement of traffic and safety from the development is acceptable.

 

Issue: The documentation submitted with the DA is inadequate to make a proper assessment

 

Comment: The documentation submitted with the DA is comprehensive and there is sufficient information to make an assessment.

 

Issue: The proposed development will restrict access to my home and not allow children to play along the laneway

 

Comment: There will be increased use of the lane during construction and for the purposes of the boarding house and the existing shop top housing; however it is noted that there will be only 2 spaces effectively created by the boarding house as required under the ARSEPP.

 

Issue: The proposed development will bring a lot more noise, waste and congestion to the area.

 

Comment: The proposed development will result in additional impacts however it is considered that the impacts are sustainable having regard to the relevant matters for consideration and are commensurate with permitted uses in the zone.

 

Issue: The application breaches the established rear building line

 

Comment: Noted however it is considered that on balance that it achieves a better planning outcome having regard to provision of affordable rental housing whilst also minimising impacts such as shadowing and general outlook from the existing window openings on the neighbouring properties to the north and south.

 

Issue: The proposed development will result in adverse impacts on the southern neighbour’s site.

 

Comment: The overshadowing to the southern neighbours site is considered acceptable – see key issues section below.

 

Issue: The documentation does not identify 14 St Pauls Lane and therefore the documentation does not suitably address the impacts.

 

Comment: The potential impacts on No. 14 St Pauls Lane have been considered in the assessment of the application.

 

Issue: The removal of street trees is unacceptable.

 

Comment: Councils Landscape officer has considered impacts on all vegetation on site and along the Lane.

 

Issue: The proposed development will result in overlooking into the rear yards of neighbouring properties.

 

Comment: The proposed development is sufficiently separated from the rear yards and habitable room windows of neighbouring properties and where necessary additional privacy measures are conditioned in the recommendation section.

 

Issue: The proposed development will present as a four storey structure when viewed from the rear of No. 22-24 Perouse Road.

 

Comment; The proposed development will have an effective wall height of 8.01m at the northern side boundary which is generally consistent with a part two part three storey structure. Notwithstanding, there is no setback from this boundary the proposed development will not result in adverse impacts in terms of overshadowing and a condition is included requiring a landscaping to be replaced along the northern side boundary shared with No. 22-24 Perouse Road which will lessen the obtrusiveness of the wall.

 

Issue: the proposed will present challenges for structural integrity of nearby structures.

 

Comment: Appropriate conditions have been included in the recommendation to protect the structures on adjoining sites

 

Issue: The proposal has not considered SEPP 65 or the Apartment design guide in relation to the retained residential flat building and the proposed changes at ground level commercial premises.

 

Comment: The proposed changes at the ground floor are predominately to the commercial premises and will improve the functioning of the shop top housing development in relation to access and waste management across the elements on site – shop top housing and boarding house. The Design Review Panel has also reviewed the proposal in relation to SEPP65.

 

Issue: Parking arrangements are impractical

 

Comment: The parking has been assessed by Councils Development engineer who considers that the parking arrangements are acceptable

 

Issue: The proposed development does not fit into the classification of a boarding house but rather a mixed use development.

 

Comment: Council considers that the proposed development contains two classifications are as a boarding house and the other as shop top housing.

 

Issue: The acoustic assessment took readings when the building was empty and no cars used the site.

 

Comment: Council’s Environmental Health Officer has reviewed the acoustic assessment and has imposed conditions requiring the proposal to comply within the relevant noise criteria.

 

Issue: Height poles should be installed on site.

 

Comment: Height poles are not considered a necessity to carry out an assessment against the relevant documentation submitted with the application and several site visits being conducted.

 

Key Issues

 

The key issues are identified as follows:

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Part 2 New affordable rental housing: Division 3: Boarding houses

 

The subject application is made pursuant to the SEPP (Affordable Rental Housing) 2009. Clause 26 of the SEPP provides that Boarding Houses under this Division are permissible within the B1 Neighbourhood Centre zone and Clause 30A Character of the local area is the key consideration under this policy. An assessment is carried out as follows:

 

Clause 30A Character of the local area

 

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

 

Context:

 

The site has a frontage of 16.155m to St Pauls Lane, with a total site area of 548.1sqm. The site has a total floor space ratio of 0.89:1 (491.9sqm) which is well below the allowable 1.5:1 permitted on the site under the RLEP 2012. Consideration of the context of the site also needs to consider the bonus 0.5:1 floor space ratio afforded under the ARSEPP which allows for a maximum FSR of 2:1 on the subject site.

 

The proposed development is located at the rear of the site fronting St Pauls Lane where single level garages predominate except for an urban design award winning development at No. 14 St Pauls Street –shown in the photo below.

 

14 St Pauls Lane: building fronting St Pauls Lane.

 

To the north, and south of the site two and three levels shop top housing buildings over dominate the commercial frontage to Perouse Road. The subject application does not seek to make any significant changes to the existing shop top housing development fronting Perouse Road.

 

Side boundary between the subject site at left and the southern neighbours building at right identified as 36-38 Perouse Road.

Rear laneway looking eastward from the rear of the site.

 

 

Looking north towards No. 22-24 Perouse Road

 

Looking towards the rear driveway of No. 25 Soudan Street and at left of the photo is the eastern elevation of No. 14 St Pauls Lane.

 

To the west of the site, the laneway predominately contains low density residential dwellings. Despite the low density residential character of these buildings they are zoned for medium density residential development (R3 zone) allowing an FSR of 0.75:1 and a maximum height limit of 9.5m. It is noted that these properties would also be afforded an additional 0.5:1 FSR bonus under the ARSEPP allowing for a maximum 1.25:1 for these properties. The following image identifies the zoning context. 

Zone map: Red shade identifies medium density zone, blue shade identifes Neighbourhood Centre zone; dulled red shading identifies heritage items; red bounded site identifes No. 14 St Pauls Lane; Green bounded site identifies the subject site.

 

Heritage Conservation Area and Heritage items in the vicinity of the site

 

The site is located within a Heritage conservation area called The Spot. Council’s Heritage Planner has assessed the application and finds that there are no objections to the proposed development. Further to the south and south-west are heritage items (No. 15, 17, 19, 25 & 27) fronting St Pauls Street (identified by shading in the aerial image below). The rear of these properties as well as other properties fronting St Pauls Street and Soudan Street largely contain non-descript single storey garages fronting the laneway. Essentially, there are no particular decorative elements of heritage significant fronting the laneway with the heritage significance focused primarily at the front of these dwellings and buildings fronting St Pauls Street and Perouse Road.

 

It is noted however, that the rear of the subject site, the location of the proposed development  is viewable from the St Pauls Street frontage through the side setback of No. 27 St Pauls Street (a heritage item) and across the rear of shop top housing and commercial buildings fronting Perouse Road (No. 36, 38, 40, 42 & 44 Perouse Road). These properties are not heritage items. 

 

Terrace houses from left to right are identifed as No. 25 & 27 St pauls Street; The red brick building is No. 38 Periouse Road. The develpoment will be viewable between the terraces and the rear of the red brick shop top housing develpoment.

 

The locality is occupied by a mix of low to medium density residential type land uses. Whilst the built form fronting the laneway of the subject site is substantially greater than the bulk and scale of developments along the laneway, it does however satisfy the design controls for massing of developments adjacent to residential zoned sites under Part D6 Neighbourhood Centres – general controls in the Randwick DCP.

 

Compatibility of built form:

 

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

 

It is considered that the character of the proposal is satisfactory with the existing surrounds and expected future character dictated by the RLEP standards for FSR (which is further justified should a bonus FSR be sought under the ARSEPP). As well the proposed is also considered satisfactory with the existing surrounds and expected future character dictated by the RDCP 2013 controls and objectives in Part D6 Neighbourhood Centres – General Controls.  In particular, the proposed development has a traditional envelope form for multi-unit housing developments in the wider LGA with a top level set back from the boundaries of the site, which also complies with the specific control in Part D6 of the RDCP limiting the external wall height to 8m with buildings above stepped in 45 degrees where it adjoins a residential zone and or uses.

 

Whilst there have been several submissions from the premises located at No. 14 St Pauls Lane, it is over 11m away from the south eastern corner of this building and further 1 metre away from the doorway opening of No. 14 St Pauls Lane. For the purposes of streetscape character as well as amenity it is considered that the separation between the proposed development and the nearest residential premises fronting St Pauls lane is considered to meet the character test required under Clause 30A of ARSEPP – Affordable Rental Housing and allows an appropriate transition in scale.

 

Heritage

 

As noted the site is located in The Spot Heritage Conservation Area. Council’s consultant Heritage Planner indicates no major objection to the proposed development on the basis of satisfying the relevant objectives and requirements under Clause 5.10 of the RLEP 2012. It is noted that in line with the recommendations of the heritage planner, the proposed upper level has been amended by increasing its setback from the side elevation ensuring that the front of the development is less dominant than originally proposed.

 

Several submissions raised concerns with the impact of the development on the significance of the nearby heritage items. These items are located as noted earlier fronting St Pauls Street. The proposed development is separated from these heritage items by around 30 metres to their front elevations ensuring that the proposed development does not dominate or detract from the significance of these heritage items. It is further noted that there are more non-descript developments in between the proposed development and the heritage items facing St Pauls Street.

 

The proposed built form and character of the development will also be compatible with the form of development permissible under the R3 – Medium Density zoning, particularly along the rear elevation facing St Pauls Lane where the development has a wall and an overall height that is within the 8m maximum wall height control and within the 12m limit under the RLEP 2012.

 

The development also contains better quality landscaping on site than that which currently exists and it is considered to be strategically placed to ensure some softening of the developments car parking fronting St Pauls Lane and in the central courtyard areas.

 

In terms of the development overall scale and built form, the proposed development’s FSR is well distributed in the form and design that is generally consistent with both the intent of the RDCP 2013 namely that of Part D8 The Spot and Part D6 Neighbourhood Centre which also apply to development on the adjoining sites to the north and south. It is further noted that the proposal seeks a floor space ratio of 1.75:1 across the whole of the site which is below that permitted and it also achieves compliance with a higher order planning principle in providing affordable housing .

 

Overall, the proposed built form along The St Pauls Lane frontage is consistent with that envisaged by the RLEP and RDCP controls; given the zoning context, the proposal is also considered compatible with the likely emerging character of the area. The proposed development is considered to meet the character test.

 

Compatibility of use:

 

The proposed use of the site, which comprises boarding house with 9 rooms and a maximum of 18 lodgers (reduced from that initially proposed), constitutes a permissible form of development, one that is envisaged by the SEPPARH 2009. Effective measures in relation to operation and management of the boarding house have been employed in a Plan of Management and for that to align with the acoustic report. These measures are recommended for enforcement by way of an appropriate condition of consent and will ensure that the development results in sustainable amenity impacts to adjoining residents. The proposed development will provide affordable housing to the community in a location within close proximity to services, public transport, infrastructure facilities including the POW hospital and commercial centres integrating effectively into the evolving character of the locality.

 

Consistency with the objectives of the Residential R3 zone;

 

The proposal is clearly consistent with the objectives of the zone, detailed as follows:

 

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

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

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

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

•      To protect the amenity of residents.

•      To encourage housing affordability.

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

 

The physical impacts on surrounding properties aren’t significant except for the overshadowing occurring to the rear common space of the neighbouring property to the south at No. 36 Perouse Road. The overshadowing caused to this property is largely a consequence of the subdivision pattern on an east west axis where the southern neighbours will invariably be vulnerable to overshadowing impact. Moreover, the zoning context of these sites as Neighbourhood Centres means that the density permitted in the RLEP (1.5:1) excluding the bonus makes the southern neighbours particularly susceptible to overshadowing. The proposed development also satisfies the external wall height control in part D6 of the RDCP which is the key control applied to development that adjoins residential premises.

 

Overall, having regard to the above it is considered that the character test is satisfied on this occasion.

 

Randwick Development Control Plan 2013 (RDCP 2013)

 

The DCP provisions are structured into two components, Objectives and Controls. The Objectives provide the framework for assessment under each requirement and outline key outcomes that a development is expected to achieve. The controls contain both numerical standards and qualitative provisions. Any proposed variations from the DCP controls may be considered where the applicant successfully demonstrates that an alternative solution could result in a more desirable planning and urban design outcome. Hence, the consent authority must be flexible in its application and consider reasonable alternative solutions, to achieve the objectives of the DCP Controls. The key issues discussed below relate to key areas of non-compliance and key issues raised in submissions. The following key issues relate to the controls and objectives in the RDCP 2013.

 

Side setbacks

 

Under Part D6 the controls stipulate that side setbacks for residential redevelopment in B1 zones will need to refer to the medium density residential setback controls in Part C2. The proposed development has a side setback between nil and 2.729m from the northern and southern side boundaries and does not meet the 3m minimum required under the RDCP.

 

A merit assessment of the nil setbacks is carried out against the objectives under the RDCP having regard to the boarding house as a form of medium density development. However, the controls do not strictly apply to boarding houses.

 

Objectives under Part C2 of the RDCP 2013:

 

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

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

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

 

The development has a nil setback along the northern side boundary and between a nil and 2.729m side setback from the southern side boundary shared with neighbouring properties at No. 22-24 Perouse Road and 36-38 Perouse Road respectively.

 

Southern side boundary

 

In relation to the southern side property the proposed nil setbacks adjoins the carparking and walkway at the rear of the property at No. 36-38 Perouse Road and will continue to satisfy the objectives under the RDCP.

 

The proposed development is located opposite openings on the neighbour’s northern elevation at No. 36-38 Perouse Road and is setback approximately 2.7m from the side boundary and a total separation of around 4.17m between the two buildings.

 

The total separation between the two buildings would be compliant with the 2m setback required on either side for a site that measured between 14m and 16m in width. The reference to a smaller site width and therefore application of the smaller 2m side setback control is considered more appropriate on the basis that the site width is marginally (155mm) over the 16m which requires a 3m side setback. The site is also skewed relative to the building which means that the width in a straight line would measure less than 16m as shown in figure below.

 

Width of the site in a straight line perpendicular to the two buildings north and south of the site.

 

Having regard to the above, the proposed southern side setbacks inclusive of the nil side setbacks are acceptable for the following reasons:

 

·     The proposed boarding house follows the side setback of the existing residential flat building.

 

·     Shadowing

 

The additional midday to afternoon overshadowing to the southern neighbours north facing windows, is largely unavoidable and a consequence of the sites configuration on an east west axis - the historical subdivision pattern of lots along this urban block. As the site is currently well below the minimum RLEP standards for FSR, it is considered that any reasonable form of development of the site will have similar impacts on the neighbouring property to the south. In addition, the development is considered to be of a reasonable building envelope for the following reasons:

 

·     The building envelope controls under the Spot in the RDCP are being complied with providing a 8m wall height and a 45 degree return

·     The proposed boarding house is located towards the rear ensuring that additional shadows are mostly cast towards the rear of the southern side which is occupied by parking and pedestrian pathway

·     The overshadowing that occurs on respective northern side elevations of shop top housing is not dissimilar to the shadowing that occurs from other developments along this side of Perouse Road and

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

 

In addition, the allowance for a FSR bonus under the ARSEPP means that there is a reasonable expectation that the side setbacks and or the height of development will be reduced or higher to respectively accommodate the bonus.  The RDCP controls for external wall height and that which relates to side setbacks only cater for standard forms of shop top housing or residential flat buildings and do not reflect circumstances in which State policies allow for bonuses to the FSR.  In this instance it is considered that the proposal reasonably demonstrates good site planning by allowing for a side setback opposite the openings facing north and generally adhering to the 8m wall height limit along the elevations required under Part D8 The Spot of the RDCP whose purpose is to ensure that the development does not dominate within the Heritage Conservation Area and adjacent residential uses and zones. 

 

Northern side boundary: The proposed nil setback along the northern side boundary is opposite areas of open space associated with the premises fronting Perouse Road. As the wall is located at the southern side of the neighbours site it will not result in any adverse overshadowing during the winter solstice on this neighbours property. The proposed wall along the northern side boundary is compliant with the Spot wall and envelope control. As well, as noted previously the proposed development will provide affordable housing as a result of meeting the higher order planning principle.

 

Overall, the proposed side setbacks are acceptable having regard to the objectives under Part C2 of the RDCP for medium density development and Part D8 The Spot heritage conservation area.

 

Acoustic amenity of neighbouring properties

 

The SEPPARH requires that the acoustic amenity of neighbouring properties is reasonably protected. The RDCP also requires the same and requires that an acoustic report prepared by a suitably qualified acoustic consultant must be submitted for new development or conversions/intensifications with an increase in resident numbers.        

 

The application includes a noise impact assessment report which has been reviewed by Councils Senior Environmental Health Officer. Councils Health officer raises no objection to the proposed development on the grounds of acoustic amenity of neighbouring properties subject to the inclusion of conditions to suitably ameliorate acoustic impacts. These conditions include but are not limited to the requirement for an updated acoustic report following operation to ensure compliance with the applicable noise criteria, certain restrictions on the use of communal open space areas. The application is also supported by a Plan of Management and restrictions are places on the use of outdoor open space between 10pm and 7am.

 

Overall, it is considered that the subject application has reasonably considered the visual and acoustic amenity within the subject site and that of the neighbouring property namely that of No. 87 Mooramie Avenue.

 

Management plan

 

The RDCP under Part C4 Boarding houses and Part B9 Management Plans sets out the requirement and contents of a Management Plan to be submitted with all DAs for new and existing boarding houses. Management plans are required to address the general requirements outlined in the Management Plan section in Part B. A plan of management accompanied the application and it is generally considered to suitably address the requirements under Part C4 and Part B9 of the RDCP 2013. Adherence to the management plan and additional matters will be a conditional requirement and serve to ensure the operation of the boarding house will not result in any significant or unreasonable adverse impacts on the amenity of neighbouring properties and the surrounding area.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and where non-compliance occurs with particular provisions there are adequate planning explanations for satisfying the relevant objectives associated with the controls.

 

The proposed will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality subject to conditions being imposed or compliance with the recommended conditions contained in the attached DA compliance report.

 

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

 

 


 

Recommendation

 

A.     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/128/2016 for Alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 9 rooms and basement parking for 10 vehicles fronting St Pauls Lane, at No. 32-34 Perouse Road, RANDWICK  NSW  2031, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

a.      An acoustic and visual privacy screen having a minimum height of 1.6m above floor level must be provided around the extremities of the common circulation spaces (at the northern, north eastern, eastern and southern ends) at ground, level 1 and level 2.  The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame. Signage shall be installed at each lobby area to the boarding house stating please keep levels of noise to a minimum and to be mindful of neighbour’s amenity.

 

b.      The west facing windows and openings must be provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

c.      The sill of the proposed south facing windows of the shop top housing building shall be raised to 1.6m above the internal floor levels. Alternatively these windows may be fixed (to 1.6m above floor level) and treated with obscured glazing to the specified height.

 

d.      A 600mm metre wide planter shall be installed along the northern and western side of the Level 2 communal open space area alongside the balustrade. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

e.      A 600mm planter shall be installed along the western, southern and eastern end of the level 2 terrace associated with the Accessible unit 9. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

Parking

f.       Vehicle parking shall be provided for this development in strict accordance with the manufacturer’s specifications of the proposed Squareparker system and the conditions of this development consent. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

g.      Landscaping along the northern side boundary within No. 22-24 Perouse Road shall be replaced with similar landscaping at the applicants expense. Photographic evidence of the existing landscaping shall be submitted to Council prior to any works being carried out.

 

 

 


Attachment/s:

 

1.

DA Compliance Report - 32-34 Perouse Road, RANDWICK

 

 

 


Report - 6 December 2016 Planning Committee

Attachment 2

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D99/16

 

Subject:              32-34 Perouse Road, Randwick (DA/128/2016) (Deferred)

Folder No:                DA/128/2016

Author:                     Louis Coorey, Senior Environmental Planning Officer      

 


 

Introduction

 

The subject application was considered at the Planning Committee meeting on 25 October 2016 as the proposal had a cost of works greater than $2 million. At the meeting, Council resolved:

 

“(Stevenson/Matson) that the application be deferred for mediation and to enable legal advice to be sought in relation to the application of the SEPP (Affordable Rental Housing) 2009 where a boarding house and mixed use development exist. “

 

Mediation

 

Mediation was held on 17 November 2016 between representatives of the applicant and objectors. The following signed mediation outcome was executed with no agreement reached:

 

“Proposal has been put by the objectors to amend the plans.

Discussion has taken place but no proposal has been put by the applicant.

At this stage no agreement was reached.”

 

The following covering letter was provided by the Mediator:

 

“During the mediation the main issue raised by the objectors that the construction of the new extension to the boundary does not comply with the conservation heritage listed area and is out of character, requesting for the development to be reduced and to be moved forward towards the existing building, no other issues were discussed at this stage.

 

The applicant had the authority to represent the owners of the site, but was reluctant to make changes.

 

Although the applicant indicated that he will have further discussion with the owners on return from overseas in relation to any changes.

 

Should they agree to amend the plans they will contact the mediator & objectors spokespersons.

 

Agreement could not be reached.”

 

The applicant representative and an objector provide further correspondence in relation to the mediation covering letter. These are included in the Issues section further below.

 

 

 

Legal advice

In relation to a submission in an objection (BBC consulting) questioning the operation of the Floor Space Ratio (FSR) bonus provisions in Clause 27 of State Environmental Planning Policy – Affordable Rental Housing (SEPP ARH) 2009) to the development:

 

The request for legal advice is:

 

·      The proposal however is for the purposes of a boarding house and alterations/additions to an existing mixed use building.  The proposed boarding house is thus to be part of a mixed use development.  However, Clause 29 (i.e. “Standards that cannot be used to refuse consent”), only applies to development to which Division 3 of the SEPP applies: that is boarding houses, not mixed use development which happens to include a boarding house.

 

·      The proposed development is not solely for a boarding house and we disagree with the claim on page 15 of the Applicant’s SEE that:-

·      “…the maximum applicable floor space ratio for a development including a boarding house upon the site is 2:1”.

 

·      Therefore, we respectfully submit that it is open to Council to refuse the DA on the grounds of density and scale (contrary to the Applicant’s assertions).

 

Council’s legal advice confirms that the bonus FSR provisions under the SEPP ARH apply to the development application and is explained as follows:

 

·     Division 3 Boarding Houses of SEPP ARH relevantly applies to the subject site which is zoned B1 Neighbourhood Centre under Randwick Local Environmental Plan (RLEP) 2012. Clause 27 (1) of SEPP ARH provides that “[t]his Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

 

·     Consideration is given to the characterisation of the uses proposed by the subject application and it is considered that two uses are proposed (boarding house and shop top housing) neither of which subserves the other and both are permissible in the zone. That is, the application proposes development for the purposes of a boarding house and development for the purpose of shop top housing.

 

·     It is also noted that mixed use development (as referenced in the submission) is not a separate permissible use pursuant to RLEP.  The term “mixed use” does not appear in any land use table in RLEP but does appear in the dictionary of RLEP and is defined to mean “a building or place comprising 2 or more different land uses".

 

·     Division 3 applies to the proposed development pursuant to clause 27(1) of SEPP ARH as the application relates to “development… for the purposes of boarding houses”.  Accordingly, the FSR bonus provisions under clause 29 of SEPP ARH apply to the subject development application.

 

Issues

The mediated outcome is explained as follows:

 

“During the mediation the main issue raised by the objectors that the construction of the new extension to the boundary does not comply with the conservation heritage listed area and is out of character, requesting for the development to be reduced and to be moved forward towards the existing building, no other issues were discussed at this stage.

 

The applicant had the authority to represent the owners of the site, but was reluctant to make changes.

 

Although the applicant indicated that he will have further discussion with the owners on return from overseas in relation to any changes.

 

Should they agree to amend the plans they will contact the mediator & objectors spokespersons.

 

Agreement could not be reached.”

 

In response to the mediation, both the applicant’s representative’s and an objector (14 St Pauls Street) provided further comments.

 

Applicant representatives:

The applicant’s representative sought to clarify the comment that they will have further discussion with the owners on return from overseas stating there was no mention of waiting for the applicant to return, that they are dealing with the issues now, they had full authority to act on behalf of the applicant and at several times during the meeting had called to consult the Owner who is overseas.

 

The applicant’s representative also indicates that no amendments will be made to the proposed development having particular regard to the objectors’ suggestion to move the development to the rear of the existing shop top housing development for the following reasons:

 

·     This request would completely delete the current building negate the owners existing apartments

·     This is contrary to the whole process of resolving this scheme including the heritage issues

·     In terms of a mediation there was no opportunity to even get close to this request

·     The scheme as proposed has been the result of the very ordered and lengthy process run by Council which has taken some 2 years : first with the Design Review SEPP65 Committee who after previously discussing this site with other Architects were quite involved in setting the parameters for what would be an acceptable scheme for the site ~ and which defined the approach we have since followed ~ and after this we worked with our project team including Heritage consultants and again with the SEPP 65 committee after DA submission and then also with Council officers including their Heritage Officers to define and finalise the final setbacks and envelope of the building as shown in its current form.  The result is that every setback and envelope requirement has been rigorously considered and fine-tuned. The final result being one that has met all requirements

 

The applicant’s representative’s also considered increasing the rear setback by between 300mm and 500mm in addition to the current proposed scheme which is 1m from the rear. The applicants’ representative however has not elected to make this amendment as it would then be closer to and impact more the immediate side neighbours and impacting the sun to them.

 

Objector’s comments:

The objector questioned the mediated outcome provided by the mediator as it was not the outcome report signed off at the end of the mediation and does not reflect the proceedings.

 

Planner comment: The signed mediated outcome has been included in the introduction section of this report.

 

The objector also raised the following concerns:

 

·     The applicant did not propose any changes and nor did they acknowledge in any sense, the main concerns of objectors

·     The applicant had no authority to act on behalf of the applicant

·     The objectors reiterate their concerns and those of commendable experts that the advice given in objections gives support to Council to reject this application outright on the basis of proposed development being out of character and inconsistent with the local area, a heritage conservation area – a threshold question in the SEPPARH.

·     The residents’ concerns have not been acknowledged by the applicant nor to any proper extent by Council’s assessing officer

·     The mediation was not attended in good faith by the applicant and Councils procedures have supported the applicant in taking this position.

 

Planning comment: Mediation was arranged by Council resolution. It is not a matter for Council to judge the actions or intent of either party to the mediation. Having regard to addressing the residents’ concerns, and the relevant planning matters for consideration, the original Council executive summary report and compliance report addresses these appropriately.

 

The matters raised in all submissions were considered in the assessment of the application and addressed in the executive summary report, the DA compliance report and in additional information.

 

In relation to the main concerns of the objectors having particular regard to the location of the Boarding House at the rear and being out of character with the local area, the following comments are made:

 

The proposal is also considered to satisfy the threshold test under the SEPP ARH 2009 which requires Council to consider whether the proposal is compatible with the character of the Local Area. It was stated in the original Council report that the proposal is compatible with the character of the Local Area, meaning with the existing surrounds and expected future character dictated by the RLEP standards for FSR (which is further justified should a bonus FSR sought under the SEPP ARH). As well the proposal is also considered satisfactory with the existing surrounds and expected future character dictated by the RDCP 2013 controls and objectives for the Medium Density zoned properties west of the site. It is also noted that the proposal has 8.1m and 8.01m effective wall heights adjoining both neighbouring properties and generally consistent with the specific RDCP control for the Spot Neighbourhood Centre which requires a wall height of 8m with a 45 degree height plane return to the maximum allowable height of 12m.

 

In relation to whether appropriate consideration has been given to the Spot Heritage Conservation Area, Council’s Heritage Consultant is of the view that the proposed development will not detract from the Spot Heritage Conservation Area subject to greater setback at the upper level. During the assessment of the application, the applicant amended their application increasing setbacks at the upper most level.

 

In addition there were concerns that the original assessment didn’t consider the submission made by BBC consulting partners on behalf of the owners of 14 St Pauls Lane. A memorandum was issued to Councillors stating that despite the BBC submission not being included in the submission list, the matters raised in their submission were commented on in the submission section of that report.

 

 

It is considered that the issues raised by the objectors have been suitably assessed in the assessment of the application.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The mediation between parties was executed without amendments to the scheme as originally considered by Council at the Planning Committee meeting. Council’s formal legal advice is consistent with advice received during the assessment of the application and also with the legal advice received from the applicant. Council’s legal advice is that the FSR bonus provisions under clause 29 of SEPP ARH apply to the subject development application and that the provisions under Division 3 applies to the proposed development pursuant to clause 27(1) of SEPP ARH as the application relates to “development… for the purposes of boarding houses”.

 

It is also considered that the proposed development satisfies the threshold test under the SEPP ARH which requires Council to consider whether the proposed development is compatible with the local area.

 

Therefore, the original recommendation for approval is therefore presented for consideration at the Council meeting for consideration.

 

 


 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/128/2016 for Alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 9 rooms and basement parking for 10 vehicles fronting St Pauls Lane, at No. 32-34 Perouse Road, Randwick, subject to the following standard conditions to this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA 01 Revision C

PTI

09/09/2016

12 September 2016

DA 02 Revision C

09/09/2016

12 September 2016

DA 03 Revision C

09/09/2016

12 September 2016

DA 04 Revision B

20/05/2016

12 September 2016

DA 05 Revision C

20/05/2016

12 September 2016

DA 06 Revision C

20/05/2016

12 September 2016

DA 07 Revision C

20/05/2016

12 September 2016

DA 08 Revision C

09/09/2016

12 September 2016

DA 09 Revision C

09/09/2016

12 September 2016

DA 10 Revision C

09/09/2016

12 September 2016

DA 11 Revision C

09/09/2016

12 September 2016

DA 12 Revision C

09/09/2016

12 September 2016

DA 13 Revision C

09/09/2016

12 September 2016

DA 13.1 Revision C

09/09/2016

12 September 2016

DA 15 Revision C

09/09/2016

12 September 2016

DA 25 Revision C

09/09/2016

12 September 2016

DA 26 Revision B

20/05/2016

12 September 2016

 

Amendment of Plans & Documentation

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

 

a.     An acoustic and visual privacy screen having a minimum height of 1.6m above floor level must be provided around the extremities of the common circulation spaces (at the northern, north eastern, eastern and southern ends) at ground, level 1 and level 2.  The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame. Signage shall be installed at each lobby area to the boarding house stating please keep levels of noise to a minimum and to be mindful of neighbour’s amenity.

 

b.     The west facing windows and openings must be provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

c.      The sill of the proposed south facing windows of the shop top housing building shall be raised to 1.6m above the internal floor levels. Alternatively these windows may be fixed (to 1.6m above floor level) and treated with obscured glazing to the specified height.

 

d.     A 600mm metre wide planter shall be installed along the northern and western side of the Level 2 communal open space area alongside the balustrade. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

e.     A 600mm planter shall be installed along the western, southern and eastern end of the level 2 terrace associated with the Accessible unit 9. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

Parking

f.      Vehicle parking shall be provided for this development in strict accordance with the manufacturer’s specifications of the proposed Squareparker system and the conditions of this development consent. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.        The colours, materials and finishes of the proposed development must be in accordance with the external surfaces schedule plan Number DA 25 Revision C dated 20/05/2016. Any metal roof sheeting or elevations are to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

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 $3,031,505.00 the following applicable monetary levy must be paid to Council: $30,031.50.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

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

 

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

 

Design Alignment levels

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

 

·         To be provided in writing by the Development Engineer after plans for the proposed civil works in St Pauls Lane have been assessed.

 

The design alignment levels at the property boundary as issued 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.

 

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

 

Civil Works

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

 

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

 

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

 

Carpark Design

11.      Plans & documentation submitted for the construction certificate must satisfactorily demonstrate the following to the satisfaction of the PCA;

 

·     The  carpark’s access driveway, grades & height clearances  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).

 

·     The proposed ‘Squareparker’ parking system must be able to be satisfactorily provided within the design space provided in accordance with manufacturer’s specifications.

 

·     Emergency pedestrian access must be provided to the basement level independent of the vertical conveyor in accordance with BCA requirements.

 

·     The proposed disabled space is to be provided in accordance with AS 2890.6

 

·     Bicycle Parking to be provided in accordance with AS 2890.3

 

12.      A traffic control system is to be installed to coordinate the operation of the waiting bay with the squareparker parking system. Full design and location details of the proposed signaling system shall be submitted with the construction certificate documentation for approval by the certifying authority. A copy shall be forwarded to Council if Council is not the certifying authority.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.         Roof areas

ii.        Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

e)       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.

 

f)        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.

 

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

 

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

 

b)      The stormwater must be discharged (by gravity) either:

 

i.     Directly to the kerb and gutter or drainage system in front of the subject site in Perouse Road or  St Pauls Lane street/road; or

 

ii.    To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)      Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the redeveloped portion of the site does not exceed that which would occur during a  1 in 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

d)     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

e)      Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

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

 

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

 

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

 

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

 

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

 

j)      A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

·       The pit being constructed from cast in-situ concrete, precast concrete or double brick.

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

·       A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

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

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

·       Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

k)      The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

m)     The maximum depth of ponding in any above ground detention areas and/or infiltration systems with above ground storage shall be as follows (as applicable):

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

ii.    300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

iii.    600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10

iv.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

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

 

o)      A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

p)      Mulch or bark is not to be used in on-site detention areas.

 

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

 

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

 

Site seepage

15.      The development shall comply with the following requirements to ensure the adequate management of site seepage and sub-soil drainage:

 

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 the ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).

 

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

 

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

                 

e)    Details of the proposed stormwater drainage system including methods of tanking the basement level 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 level must be forwarded to Council if Council is not the Certifying Authority.

 

Sydney Water

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

 

The approved plans must be submitted to the Sydney Water Tap in™ online service, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

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

 

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

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

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

 

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

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

 

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

 

Waste Management

17.      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.

 

18.      The commercial garbage area must be separated from the residential bin storage areas.

 

19.      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.

 

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

20.      In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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.

 

Building Code of Australia (BCA)

21.      In accordance with section J of the BCA, the requirements and commitments contained in the relevant report must be complied with.

 

The required commitments listed and identified in the report 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 Section J commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

        Landscape Plan

22.      The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16, as amended by condition 2 of this  consent.

 

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

23.      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

24.      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

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

·             location and construction of protective fencing / hoardings to the perimeter of the site;

·             location of site storage areas/sheds/equipment;

·             location of building materials for construction;

·             provisions for public safety;

·             dust control measures;

·             site access location and construction

·             details of methods of disposal of demolition materials;

·             protective measures for tree preservation;

·             provisions for temporary sanitary facilities;

·             location and size of waste containers/bulk bins;

·             details of proposed sediment and erosion control measures;

·             provisions for temporary stormwater drainage;

·             construction noise and vibration management;

·             construction traffic management details.

 

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

 

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

 

Demolition Work Plan

28.      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

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

 

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

 

Construction Traffic Management

31.      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 (RTC), for a ‘Works Zone’ to be provided in Perouse Road 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 (RTC).

 

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.

 

NOTE: The applicant is to meet the full cost of any adjustment to the existing road signage and relocation of the bus zone, as required by Council’s Transport Engineers and RTC.

 

32.      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

·       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.

 

Landscape Plan

33.      The Certifying Authority/PCA must ensure that the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16 are amended to include the following details:

 

a)       The Planting Plan & Plant Schedule must nominate what species will be planted where, including quantities/densities, along with any other details required to describe the works;

 

b)       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with details confirming compliance to be provided;

 

c)       The species shown for the Ground Level garden bed fronting St Paul’s Lane must only be those that will not encroach past the northern boundary, onto the roadway, and cause a physical or visual obstruction.

 

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

34.      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

35.      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

36.      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

37.      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

38.      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

39.      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

40.      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

41.      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.

 

42.      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.

 

43.      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

44.      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

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

 

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

 

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

 

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

 

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

 

Traffic Management

46.      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.

 

47.      All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

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

 

Stormwater Drainage

49.      Adequate provisions must be made to collect and discharge stormwater drainage during construction 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.

 

Tree Management

50.      Approval is granted for the removal of all vegetation within the site in order to accommodate the works as shown, including the shrub/tree in the western side setback, subject to full implementation of the approved landscaping.

 

51.      Should the Schefflera actinophylla (Umbrella Tree) or Bamboo that is growing within a sleeper garden bed that has been created beyond the northeast corner of the site, wholly on the St Paul’s Lane carriageway need to be removed, Council authorizes this, wholly at the applicant’s cost, who must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

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

52.      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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

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

b.        Construct new section of roadway in front of new crossing as required

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

 

NOTE: All work is to be to Council’s specifications and requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

Sydney Water Requirements

56.      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

57.      As a mains power distribution pole is located on the same side of the street and within 15m of the development site, the applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Perouse Road and the development site to an underground (UGOH) connection.

 

Stormwater Drainage

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

Notes:

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

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

 

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

 

·         The location of any detention basin/s with finished surface levels;

·         Finished site contours at 0.2 metre intervals;

·         Volume of storage available in any detention areas;

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

·         The orifice size/s (if applicable);

·         Details of any infiltration/absorption systems; and

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

 

60.      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.

 

61.      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 level 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..

 

Waste Management

62.      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.

 

63.      The waste storage areas shall be clearly signposted.

 

Parking

64.      The proposed ‘squareparker’ parking system must be fully installed and operational prior to the issuing of any form of occupation certificate. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

NOTE: This shall include installation of the waiting bay and signaling system

 

Landscaping

65.      Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date the completed landscaping was inspected, and that it has been installed substantially in accordance with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16.

 

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

 

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.

 

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

 

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

 

68.      The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

70.      No parties or amplified music in outdoor courtyard area at any time.

 

71.      The maximum number of boarders permitted to reside in the boarding house is limited to 18 persons

 

72.      The maximum permitted number of people in either the outdoor common area or indoor communal area is restricted to 12 people.

 

73.      The doors to the communal area is to be kept closed between the hours of:

 

Monday to Sunday:       10pm-7pm  

 

74.      The use of all outdoor common areas are restricted for use between:

Monday- Sunday 7:00am – 10:00pm

 

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

 

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

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

 

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

 

76.      A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council 3 months after occupation certificate being issued for the development, which demonstrates that noise and vibration emissions from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant conditions of consent (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

77.      Design and details of the car park exhaust and car park roller door are to be reviewed by a suitably qualified consultant and statement certifying design compliance provided to the certifying authority prior to a construction certificate being issued.

 

78.      The plan of management Operational Plan of Management ref no: dated July 2016 for the boarding house at 32-34 Perouse Road Randwick submitted with this proposal shall be implemented at all times

 

79.      The operator or caretaker of the boarding house accommodation must be a responsible person over the age of 18 years.

 

80.      A notice is placed near the entrance to the property in a visible position to the public advising of the operators name and after hours contact number.

 

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

 

82.      A record of all residents with details of their names, length of stay & number of persons in each room shall be maintained by the operator of the premises. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

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

 

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

 

85.      There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

88.      Places of shared accommodation must comply with the Local Government (Orders) Regulation 1999 and the premises must be registered with the Council prior to occupation and on an annual basis, and the approved registration/inspection fee is to be forwarded to Council prior to occupation.

 

External Lighting

89.      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.

 

Residential Parking Permits

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

 

91.      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.

 

Plant & Equipment

92.      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.

 

Swimming/Spa Pools

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

 

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

·       before 7.00am or after 8.00pm on any other day.

 

Air Conditioners

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

 

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

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

 

95.      The operation of plant and equipment such as rainwater tanks, air conditioning equipment 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.

 

96.      Public notice and signs, are required to be installed as follows:

       

·     A sign showing the name and contact number of the managing agent or person responsible for the overriding operation of the boarding house facility, placed near the front entry and in a visible position to the public;

·     Clear display of fixed room identification number for each boarding room; and

·     Internal signage prominently displayed in each boarding room and/or communal living areas informing maximum number of lodgers per room, house rules, emergency contact numbers for essential services, annual fire safety statement and current fire safety schedule and emergency egress routes and evacuation plan.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

A8       Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A9       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.

A10     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.

 

A11     This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A12     Smoke alarms are required to be installed in all residential dwellings, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia.  Details should be included in the construction certificate application.

 

A13     Demolition work and removal of asbestos materials:

 

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

 

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

 

A14     Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

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

 

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

 

 


Attachment/s:

 

1.

Executive Report on 25 October, 2016 - 32-34 Perouse Road, Randwick (DA/128/2016)

 

2.

DA Compliance Report -  32-34 Perouse Road, RANDWICK

 

 

 


DA Compliance Report - 32-34 Perouse Rd, Randwick

Attachment 3

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/128/2016

PROPERTY:     

 

32-34 Perouse Road, RANDWICK  NSW  2031

Proposal:

Alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 9 rooms and basement parking for 10 vehicles fronting St Pauls Lane.

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.      SEPPs

 

1.1     State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Part 2 New affordable rental housing

 

Division 3: Boarding houses

 

The subject application is made pursuant to the SEPP (Affordable Rental Housing) 2009. Clause 26 of the SEPP provides that Boarding Houses under this Division are permissible within the B1 Neighbourhood Centre zone and clause 28 stipulates that such development may be carried out with consent.

 

Clause 29 provides – Standards that cannot be used to refuse consent, Clause 30 provides Standards for boarding houses and Clause 30A Character of the local area requires an assessment of the design of the developments compatibility with the character of the local area. The following tables outline the assessment:

 

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

Standard

Assessment

(1)     Floor Space

 

Residential accommodation is permitted in the zone and therefore Clause 29 1(c) applies. The density and scale of the buildings when expressed as a floor space ratio shall be not more than 2:1 (1.5:1 (RLEP standard) plus 0.5:1 bonus (ARSEPP).

 

 

 

The proposed development amended on several occasions reducing the floor area has an FSR of 1.75:1 (959.6sqm for the boarding house and the Residential flat building fronting Perouse Road) and is compliant with the maximum allowable (2:1).

 

Complies.

(2)     Building height

 

A maximum building height of 12m applies to the site under the RLEP 2012.

 

 

Clause 4.3 of the RLEP limits the maximum height of buildings to 12m. The proposed building has a building height of up to 11.54m (RL73.24 – 61.70) to the top of roof. The lift overrun has a maximum height of 11.11m (RL74.04 – RL62.93). It is noted Part D6 of the RDCP prescribes an 8m maximum external wall height returning within the site to the 12m maximum RLEP building height.

 

Complies.

(3)     Landscaped area

 

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

 

 

The proposed development is sited 1000mm from the 16.155m St Pauls Lane frontage. The proposed setback is generally consistent with the setback of rear garages fronting St Pauls Lane which are located in the Medium Density Residential R3 zone. St Pauls Laneway predominately contains garages and very little landscaping of any visual amenity is provided alongside these garages. The habitable dwelling in close proximity to the site at No. 14 St Pauls Lane contains no discernible landscaping of any aesthetic value.

 

Complies.

(4)       Solar access

 

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

 

 

The communal room is located in the roof and receives at least three hours of solar access.

 

Complies.

(5)     Private open space

 

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

 

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

 

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

 

 

(i) Open space for lodgers:

The proposed development includes 1 outdoor communal area of 21.8sqm with minimum dimensions of 2.9m. The 100mm shortfall is minor and only occurs over limited parts of the open space with the main circulation space providing greater than 3m dimension. Overall, the open space is considered suitable for the boarding house lodgers.

 

No boarding house manager is provided or required as only 18 lodgers are permitted in the development.

 

Complies.

(6)     Parking

 

If:

(i)    in the case of development in an accessible area—at least 0.2 parking spaces are provided for each boarding room. (1.6 Required)

(ii)   in the case of any development—not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site. N/A

 

 

 

The proposal is located within an accessible area.

 

An assessment of Parking has been undertaken by Council’s Development Engineer who considers that the parking for the boarding house is compliant (and in combination with the existing shop top housing development is adequate).

 

Complies.

Accessible area

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

 

accessible area means land that is within:

 

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

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

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

 

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

 

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

 

The site fronts Perouse Road and is well within 400m of Perouse Road and Avoca Street where there are bus stops and the frequency of services for a number of routes satisfies the requirements of the definition.

 

Complies.

 

(7)     Accommodation size

 

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

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

(ii) 16 square metres in any other case.

 

 

All boarding rooms are above 16sqm allowing double lodgers.

 

Complies.

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

 

All rooms have private kitchen and bathroom facilities.

 

Complies.

 

Assessment of Clause 30   Standards for boarding houses

Standard

Assessment

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

A communal living room has been provided within the building.

 

Complies.

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

All rooms are under the maximum allowable.

 

Complies.

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

A condition is included in the recommendation restricting the occupancy of rooms to a maximum of 2 lodgers.

 

Complies.

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

There are adequate facilities.

 

Complies. 

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

The proposed development will accommodate 18 lodgers. An onsite manager’s room is not required.

 

Complies.

 

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

The boarding house ground level fronts a laneway and does not front the Perouse Road commercial precinct. Legal advice provided to Council indicates that the boarding house development is permissible on the site.

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

 

Complies.

 

Assessment of Clause 30A- Character of the local area

 

Character of the local area

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

 

Context:

The site has a frontage of 16.155m to St Pauls Lane, with a total site area of 548.1sqm. The site has a total floor space ratio of 0.89:1 (491.9sqm) which is well below the allowable 1.5:1 permitted on the site under the RLEP 2012. Consideration of the context of the site also needs to consider the bonus 0.5:1 floor space ratio afforded under the ARSEPP which allows for a maximum FSR of 2:1 on the subject site.

 

The proposed development is located at the rear of the site fronting St Pauls Lane where single level garages predominate except for an urban design award winning development at No. 14 St Pauls Street –shown in the photo below.

 

14 St Pauls Lane: building fronting St Pauls Lane.

 

To the north, and south of the site two and three levels shop top housing buildings over dominate the commercial frontage to Perouse Road. The subject application does not seek to make any significant changes to the existing shop top housing development fronting Perouse Road.

 

To the west of the site, the laneway predominately contains low density residential dwellings. Despite the low density residential character of these buildings they are zoned for medium density residential development (R3 zone) allowing an FSR of 0.75:1 and a maximum height limit of 9.5m. It is noted that these properties would also be afforded an additional 0.5:1 FSR bonus under the ARSEPP allowing for a maximum 1.25:1 for these properties. The following image identifies the zoning context. 

 

Zone map: Red shade identifies medium density zone, blue shade identifes Neighbourhood Centre zone; dulled red shading identifies heritage items; red bounded site identifes No. 14 St Pauls Lane; Green bounded site identifies the subject site.

 

Heritage Conservation Area and Heritage items in the vicinity of the site

 

The site is located within a Heritage conservation area called The Spot. Council’s Heritage Planner has assessed the application and finds that there are no objections to the proposed development. Further to the south and south-west are heritage items (No. 15, 17, 19, 25 & 27) fronting St Pauls Street (identified by shading in the aerial image below). The rear of these properties as well as other properties fronting St Pauls Street and Soudan Street largely contain non-descript single storey garages fronting the laneway. Essentially, there are no particular decorative elements of heritage significant fronting the laneway with the heritage significance focused primarily at the front of these dwellings and buildings fronting St Pauls Street and Perouse Road.

 

It is noted however, that the rear of the subject site, the location of the proposed development  is viewable from the St Pauls Street frontage through the side setback of No. 27 St Pauls Street (a heritage item) and across the rear of shop top housing and commercial buildings fronting Perouse Road (No. 36, 38, 40, 42 & 44 Perouse Road). These properties are not heritage items. 

 

Terrace houses from left to right are identifed as No. 25 & 27 St pauls Street; The red brick building is No. 38 Periouse Road. The develpoment will be viewable between the terraces and the rear of the red brick shop top housing develpoment.

 

The locality is occupied by a mix of low to medium density residential type land uses. Whilst the built form fronting the laneway of the subject site is substantially greater than the bulk and scale of developments along the laneway, it does however satisfy the design controls for massing of developments adjacent to residential zoned sites under Part D6 Neighbourhood Centres – general controls in the Randwick DCP.

 

Compatibility of built form:

 

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

 

It is considered that the character of the proposal is satisfactory with the existing surrounds and expected future character dictated by the RLEP standards for FSR (which is further justified should a bonus FSR be sought under the ARSEPP). As well the proposed is also considered satisfactory with the existing surrounds and expected future character dictated by the RDCP 2013 controls and objectives in Part D6 Neighbourhood Centres – General Controls.  In particular, the proposed development has a traditional envelope form for multi-unit housing developments in the wider LGA with a top level set back from the boundaries of the site, which also complies with the specific control in Part D6 of the RDCP limiting the external wall height to 8m with buildings above stepped in 45 degrees where it adjoins a residential zone and or uses.

 

Whilst there have been several submissions from the premises located at No. 14 St Pauls Lane, it is over 11m away from the south eastern corner of this building and further 1 metre away from the doorway opening of No. 14 St Pauls Lane. For the purposes of streetscape character as well as amenity it is considered that the separation between the proposed development and the nearest residential premises fronting St Pauls lane is considered to meet the character test required under Clause 30A of ARSEPP – Affordable Rental Housing.

 

Heritage

 

The site is located in The Spot Heritage Conservation Area. Councils Heritage Planner indicates no objection to the proposed development on the basis of satisfying the relevant objectives and requirements under Clause 5.10 of the RLEP 2012. Several submissions raised concerns with the impact of the development on the significance of the nearby heritage items. These items are located as noted earlier fronting St Pauls Street. The proposed development is separated from these heritage items by around 30 metres to their front elevations ensuring that the proposed development does not dominate or detract from the significance of these heritage items. It is further noted that there are more non-descript developments in between the proposed development and the heritage items facing St Pauls Street.

 

The proposed built form and character of the development will also be compatible with the form of development permissible under the R3 – Medium Density zoning, particularly along the rear elevation facing St Pauls Lane where the development has a wall and an overall height that is within the 8m maximum wall height control and within the 12m limit under the RLEP 2012.

 

The development also contain greater levels of landscaping on site than that which currently exists and it is considered to be strategically placed to ensure some softening of the developments car parking and services level.

 

In terms of the development overall scale and built form, the proposed development’s FSR is well distributed in the form and design that is consistent with both the intent of the RDCP 2013 namely that of Part D6 Neighbourhood Centre which also apply to development on the adjoining sites to the north and south. It is further noted that the proposal seeks a floor space ratio of 1.75:1 across the whole of the site which is below that permitted and it also achieves compliance with a higher order planning principle in providing affordable housing .

 

Overall, the proposed built form along The St Pauls Lane frontage is consistent with that envisaged by the RLEP and RDCP controls; given the zoning context, the proposal is also considered compatible with the likely emerging character of the area. The proposed development is considered to meet the character test.

 

Compatibility of use:

 

The proposed use of the site, which comprises boarding house with 9 rooms and a maximum of 18 lodgers (reduced from that initially proposed), constitutes a permissible form of development, one that is envisaged by the SEPPARH 2009. Effective measures in relation to operation and management of the boarding house have been employed in a Plan of Management and for that to align with the acoustic report. These measures are recommended for enforcement by way of an appropriate condition of consent and will ensure that the development results in sustainable amenity impacts to adjoining residents. The proposed development will provide affordable housing to the community in a location within close proximity to services, public transport, infrastructure facilities including the POW hospital and commercial centres integrating effectively into the evolving character of the locality.

 

Consistency with the objectives of the Residential R3 zone;

 

The proposal is clearly consistent with the objectives of the zone, detailed as follows:

 

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

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

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

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

•      To protect the amenity of residents.

•      To encourage housing affordability.

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

 

The physical impacts on surrounding properties aren’t significant except for the overshadowing occurring to the rear common space of the neighbouring property to the south at No. 36 Perouse Road. The overshadowing caused to this property is largely a consequence of the subdivision pattern on an east west axis where the southern neighbour’s will invariably be vulnerable to overshadowing impact. Moreover, the zoning context of these sites as Neighbourhood Centres means that the density permitted in the RLEP (1.5:1) excluding the bonus makes the southern neighbours particularly susceptible to overshadowing. The proposed development also satisfies the external wall height control in part D6 of the RDCP which is the key control applied to development that adjoins residential premises.

 

Overall, having regard to the above it is considered that the character test is satisfied on this occasion.

 

The application is therefore consistent with the requirements of the SEPP.

 

2.      Randwick LEP 2012

 

The subject site is zoned B1 Neighbourhood Centre under Randwick LEP 2012. The proposal development is classified as a Boarding House and is permissible in the zone. There is an residential flat building on site fronting Perouse Road. The zoning objectives are addressed as follows:

 

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

 

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

 

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

 

The proposed development does not alter the small-scale retail uses on site which will continue to serve the needs of people who live or work in the surrounding neighbourhood.

 

The proposed residential development is located at the rear lane way (St Pauls Lane) away from the primary business function of the zone

 

The proposed development (boarding house) is consistent with the objectives of the relevant policy documents such as the ARSEPP 2009, the B1 zone, Boarding houses RDCP 2013 (Part C4), neighbourhood Centres – General Controls of the RDCP 2013 (Part D6) and will not result in any significant or unreasonable adverse impacts on the neighbouring properties.

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

1.5:1 (note 0.5:1 bonus applies under ARSEPP

1.75:1

Yes

Height of Building (Maximum)

12m

11.54m maximum

Yes

 

3.      Randwick Comprehensive DCP

 

Part 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.

 

Yes

 

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

 

Yes

 

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

 

 

Yes

 

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

 

 

Yes

 

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

 

 

Yes

 

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

 

Yes

 

Part B7 Transport Traffic and Access

 

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

The development is considered to be located within an accessible area due to its location close to Randwick Town Centre and frequent bus services.

 

Additional Parking required for 10 boarding rooms = 10/5 = 2 spaces

       

Note that this will be in addition to the existing parking provision for the shops and units which is 9 spaces.

 

Total Parking Required for site will therefore be 9 + 2 = 11 spaces

 

 

Total Parking Provided = 11 spaces

Yes

 

2 Motor cycle space:

 

motorcycle spaces provided

 

Yes

4.

Bicycles

 

2 required

2 bicycle spaces provided

Yes

 

Part C2 Medium Density residential development

 

The proposed alterations to the existing residential flat building are generally improvements to the presentation of the flat building along Perouse Road. The proposed new windows are considered to be acceptable subject to them being conditioned to be fixed and obscured to an effective sill height of 1.6m above internal floor level. It is noted that the alterations to the commercial premises are generally consistent with those approved under DA/112/2011 and will also be an improvement to the development.

 

Part C4 Table:  Boarding Houses

 

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

 

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

 

DCP Clause

Controls

Proposal

Compliance

1

Building Design

 

 

 

Boarding rooms

Orientate to receive the maximum amount of sunlight;

       

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

       

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

 

The proposal boarding rooms will all receive solar access.

 

Each boarding room has access to window for natural light and ventilation

 

No balconies are provided for the boarding rooms.

Yes

 

 

 

Yes

 

 

 

 

N/A

 

 

 

Outdoor Communal Open Space

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

 

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

 

 

 

 

Incorporate both hard and soft landscaped areas;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

The proposal provides one 21.8sqm area of open space at level 2

 

 

No communal open space is provided at ground level. The communal open space at level 2 is considered sufficient.

 

 

No soft landscaped areas are provided on site for the purposes of the boarding house. This is unfortunately a consequence of the sites location within the Neighbourhood Centre zone which contains

 

roof top level is cc

The development includes mainly hard surface open space areas in the rear yard with deep soil retained strategically along the side boundaries and within the front yard to assist with stormwater retention within the site.

 

The rear yard contains some garden striping providing reasonable amenity.

 

Landscaping is limited but sensitively located to provide for adequate softening of the development to front, side and rear boundary interfaces. It is noted that more landscaping is retained to the front of the site than that which was sought under the previous DA (DA/560/2014).

 

 

Seating and BBQ area is provided within the rear yard communal open space.

 

The rear yard contains an open awning over a portion of the rear yard providing suitable weather protection.

 

The existing rear deck and first floor balcony also provide weather protection.

Yes – however see key issues section of the Council report

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

Indoor Communal Facilities

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

 

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

 

A communal room of 20m2 is provided for residents. This area is well located on the ground floor with a northern orientation and ideal sunlight access. The room provides at least 2.2sqm of space for each boarder (based on the reduction of boarders from 11 down to 9).

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Communal Kitchen Bathroom and Laundry Facilities

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

All boarding rooms have access to kitchen and bathroom facilities.

 

Communal laundry and kitchen facilities are also provided at upper floor level and all are well positioned so as not to impact on the amenity of boarding rooms or neighbouring properties.

 

Note: an acoustic report has been submitted with the application indicating compliance with the relevant objectives. Further a condition is included requiring a follow up acoustic report demonstrating compliance with the noise criteria.

 

Drying areas adjacent to the southern courtyard will have all direct solar access and is adequately screened and will not impact the usability of open space.

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Safety and Crime Prevention

 

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

 

 

 

 

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

 

 

 

 

 

 

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

 

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

 

 

Design of the boarding house generally incorporates adequate safety and crime prevention:

 

 

Habitable boarding rooms will have casual surveillance over the laneway. The communal open space is at the top level and not generally susceptible to unsafe conditions.

 

N/A

 

 

 

 

Planting will not interfere with sight lines or provide opportunities for concealment or entrapment.

 

 

Yes.

 

Visual and Acoustic Amenity and Privacy

 

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

 

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

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

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

       

·     establish the existing background noise levels;

 

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

 

·     estimate the level of potential noise emission;

 

·     establish desirable acoustics performance criteria; and

 

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

 

 

 

 

All are shown on the plans.

 

 

 

The outdoor open space is accessible from each unit via lift

 

Bedrooms are well located above each other.

 

The communal open space area is generally well separated from neighbouring properties. However to improve privacy a condition is included requiring a 600mm deep planter be installed surrounding the communal open space area at the northern and western end along the balustrade.

 

 

The main entry point is located at the Primary street from Perouse Road.

 

The development is generally well designed having regard to privacy protection neighbouring properties. It is noted that the upper level has been amended by redesign of the communal open space improving privacy of surrounding neighbours.

 

An acoustic report has been submitted with the application.

 

Existing background noise levels have been established in the report and a future reports will need to validate acoustics.

 

The acoustic report is considered sufficient for the purposes of outlining the likely noise from the operation of the premises.

 

The above measures will ensure acceptable mutual levels of visual and acoustic privacy between the proposed development and surrounding properties.

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

Yes, subject to condition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

Management Plan

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

 

Criteria and process for choosing residents. Preference should be given to people on low and moderate incomes;

 

A schedule detailing minimum furnishings for boarding rooms, provision of facilities and appliances for kitchens, bathrooms and laundry rooms and maximum occupancy of each room;

       

House rules, covering issues such as lodger behaviour, visitor and party policies, activities and noise control, use and operation hours of common areas (e.g. communal open space and living rooms) and policies for regulating smoking and consumption of alcohol and illicit drugs;

       

Professional cleaning and vermin control arrangements for at minimum, the shared facilities, such as kitchens and bathrooms;

 

Public notice and signs, including:

       

A sign showing the name and contact number of the manager/caretaker, placed near the front entry and in a visible position to the public;

       

Clear display of fixed room identification number for each boarding room; and

       

Internal signage prominently displayed in each boarding room and/or communal living areas informing maximum number of lodgers per room, house rules, emergency contact numbers for essential services, annual fire safety statement and current fire safety schedule and emergency egress routes and evacuation plan.

       

The manager/caretaker must maintain an up-to-date accommodation register with information on residents’ details, length of stay, etc. and provide to Council officers upon request.

 

A plan of management and House Rules accompany the application. Adherence to these controls will be a conditional requirement of the consent. It is also noted that the management plan is required to be amended to incorporate acoustic report validation.

 

 

 

 

 

 

 

 

 

 

 

 

Waste management provisions have been incorporated into each room.

 

N/A

 

Conditioned

 

 

 

 

Conditioned

 

 

Conditioned

 

 

 

 

 

 

 

 

 

No manager however the contact for the agency charged with administering the premises will be conditioned.

Note an onsite manager caretaker is not required as the premises is sought to accommodate less than 20 rooms

 

Yes (conditioned)

 

Part D6 Neighbourhood Centre

 

The subject site is listed as being subject to the controls in part D6 neighbourhood centres in the RDCP 2013.

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning =  B1

Permissible

2

Site planning

 

 

2.1

Lot size and frontage

 

 

548sqm 16.155m frontage to St Pauls Lane

3

Building envelope

3.1

Floor space ratio LEP 2012 = 1.5:1

Proposed FSR = 1.75:1

Yes

3.2

Building height

 

 

 

Maximum overall height LEP 2012  = 12m

Proposed = 11.54m

Yes

 

i)   The RDCP provides maximum external wall height control for sites that have an overall height limit of 12m (10.5m). However, the Spot RDCP places a greater restriction of a wall height of 8m and a 45 degree return to the site where it is adjacent to a residential zone or residential uses.

 

The proposed development has 8.8m wall height at the northern elevation and 8.82m at the southern elevation. However, the neighbours land levels (by survey) are higher which means that the northern wall is effectively 8.1m and southern wall has a height of 8.1m.

No. The

 

Minimum floor to ceiling heights:

 

Ground floor level 3.3m

Levels above 2.7m

 

Alternatively demonstrate the suitability of an alternative number of

storeys and/or floor to ceiling heights having regard to:

- existing predominant storeys and/or floor to ceiling heights within the centre

- Character of the street.

 

 

2.7m for all levels

 

 

 

 

No, however it is not considered necessary given this is not a habitable and nor is there the need to provide for a commercial presence to St Pauls Lane.

Comment:

 

Wall height

The proposed development as amended has a maximum wall height of only 8.8m at the northern elevation and 8.82m at the southern elevation.

 

The original proposal had higher walls at the side elevations exceeding the maximum height control in the Spot DCP. The amended plans are now generally consistent with the requirements under the spot DCP.

 

Councils Heritage planner indicates the proposal is more consistent with the scale of development in the locality.

 

In terms of character the proposed is considered to be consistent with the bulk and scale envisaged for the B1 Neighbourhood Centre zone and does not detract from the scale of development envisaged for the local area.

3.3

Setbacks

3.3.1

Front setbacks

i) Development fronting a primary road above 9.5m requires a 2m setback

 

 

 

ii)   Corner allotments: a minimum 1.5m x 1.5m splay

 

The proposed first and upper level are setback further than 2m from the primary road frontage

 

No works are proposed to the existing corner of the site

Yes

 

 

 

 

 

N/A

3.3.2

Side setbacks:

Setbacks for residential redevelopment in B1 zones will need to refer to the medium density residential setback controls in Part C2:

 

 

 

 

Nil side setbacks

 

Nil setback

 

 

 

No, see council report.

 

3.3.3

Rear setbacks

i)   Where the site has rear lane access, car parking structures (hardstand car space, carport or garage) and ancillary development must have a 1m minimum setback from the rear boundary.

 

ii)   All ancillary buildings fronting laneways must have a maximum height of not more than 6m. The maximum external wall height is limited to 4.5m.

 

Any upper level (for instance, storey above garage) must be contained within the roof form as an attic storey.

 

 

 

 

 

 

 

 

1m setback is provided.

 

 

 

 

 

Between 8.88m and 8.82m.

 

 

 

 

 

 

Yes

 

 

 

 

 

 

No, see Council executive summary report.

Rear setbacks

 

The control requires that all ancillary buildings fronting laneways must have a maximum height of not more than 6m and the maximum external wall height is limited to 4.5m.

 

The proposed development has a 8.8m wall height fronting St Pauls Lane exceeding the above standard. However, as indicated in Section 3.3 of this table and the Council executive summary report under character of the local area, Section 7.1 Application of building envelope plane – Residential development in Business zone in Part D8 of the RDCP 2013 provides building envelope plane controls in “The Spot” allowing for a 45 degree return above 8m to the permissible building height.

 

Whilst the proposal exceeds the 8m maximum by 800mm, the exceedances are largely a consequence of the sites fall down to the rear laneway rather than inappropriate bulk or scale. It is further noted that the wall height of the development relative to the land level of both the neighbour’s to the north and to the south is between 8.01m and 8.1m which is marginally over the 8m external wall height limit which would not result in any appreciable difference in amenity impacts on the neighbour’s properties in relation to overshadowing or amenity impacts when compared against a compliant development. In addition, the proposed development contains suitable mix of materials which serve to provide visual interest facing St Pauls Lane.

4

Building design

4.1

General

 

Where a development has two street frontages, each façade treatment must respond to the buildings in those streets.

The proposed boarding house responds well to St Pauls Lane.

 

Yes.

 

iv) Distinguish residential entries from commercial/retail entries in the case of mixed use development.

The residential entry and commercial entries are separate from each other.

Yes

 

Balconies to the street facade are to be recessed behind the principal building facade.

The proposed boarding house is behind the main street frontage at Perouse Road.

Yes

 

 

Balcony balustrades should comprise a light open/glazed material and should be compatible with the style of the

building

The proposed balustrades are an solid assisting with privacy

Yes

4.5

Roof forms

 

i) In centres where parapet forms are prevalent, development should include parapets that reflect the rhythm, scale and detailing of existing parapets.

 

 

 

 

 

 

 

 

ii) Provide flat roofs where these prevail across the centre, unless the site conditions justify an alternative roof form

(eg. Corner sites).

 

 

 

 

 

 

 

 

 

 

iii) Design roof forms to generate a visually interesting skyline, while minimising apparent bulk and potential for overshadowing. The style and pitch of new roofs should relate sympathetically to neighbouring buildings.

 

iv) Relate roof forms to the size and scale of the building, the building elevation and the three dimensional building form.

 

v) Structures such as ventilation shafts, lift overruns and service plants, should be wholly contained within roof structures and not project above the roof line.

 

The proposed roof form is set well away from the boundaries of the site and building. It is considered to fit into a habitable roof form as the level 2 has a floor plate that is 52% of the floor level below.

 

 

Flat roof is proposed. The roof is integrated with the developments overall design scheme. The reduced floor plate ensure that it remains subservient to the main bulk of the development ensuring it will not be  dominate the view from the public domain.

 

Flat roofs predominate developments at the rear of buildings fronting Perouse Road

 

 

 

See comments above.

 

 

 

The lift shaft projects 400mm above the roof

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes – see comment at left.

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

No, however it is not considered a significant issue due to the fact that it is a minor projection, it is in the middle of the development and will not be immediately viewable form the public domain.

4.5

Colours, Materials and Finishes

 

i) Utilise high quality and durable materials and finishes which require minimal maintenance.

ii) Combine different materials and finishes to assist building articulation and modulation. The use of face bricks and/or natural stone cladding may assist the integration of new development into the existing streetscape.

iii) The following materials are  considered incompatible:

· Large wall tiles;

· Rough textured render and/or bagged finish;

· Curtain walls; and

· Highly reflective or mirror glass.

iv) Avoid large expanses of any single material to facades.

v) Visible light reflectivity from building materials used on the facades of new buildings should not exceed 20%.

Good selection of colours and materials

Yes

4.3

Vehicular Access

 

i) Where new development has access available off rear laneways or side streets, vehicular access must be provided from the laneway or side streets.

iii) Design driveways to minimise visual impact on the street and maximise pedestrian safety. Setback any rear lane garage doors 1 metre from the laneway alignment.

iv) Avoid locating access ways to  driveways adjacent to the doors or windows of habitable rooms.

 

Yes 

5

Amenity

5.1

Solar access and overshadowing

 

Solar access to proposed development:

 

 

 

i) Commercial and mixed use development are not to reduce sunlight to adjacent dwellings below a minimum of 3 hours of sunlight on a portion of the windows of the habitable rooms between 8am and 4pm on 21 June.

 

ii) Where adjacent dwellings and their open space already receive less than the standard hours of sun, new development should seek to maintain this solar access where practicable.

 

iii) If suitably justified, Council may accept a reduction in solar access for the subject site and adjacent development if the topography and lot orientation are such that the standard is considered unreasonable.

 

 

 

 

 

 

 

 

 

iv) Ensure that building layouts facilitate good solar access to both internal and external living spaces.

The sunlight access will be reduced to the southern neighbours north facing windows. However it is considered that this is largely an unavoidable consequence of the urban pattern of subdivision along this side of Perouse Road and the additional shadows are largely unavoidable and requiring solar access to the neighbours north facing windows would severely compromise the allowable FSR and height standards under the RLEP, and the provision of affordable housing under the ARSEPP - a higher order planning policy.

 

The building layout responds well to the context of the site conditions and neighbouring properties.

Yes

 

 

 

 

 

See comment at left

5.2

Acoustic and Visual Privacy

 

i) Developments are to be designed to minimise noise

transmission by:

•    Locating busy noisy areas next to each other and quieter areas next to each other;

•    Locating bedrooms away from busy roads and other noise sources;

•    Using storage or circulation areas within a dwelling to buffer noise from adjacent apartments, mechanical services or corridors/lobbies.

•    Avoid locating wet areas, such as toilets, laundries and kitchens, adjacent to bedrooms of adjoining dwellings.

 

 

 

The top level containing the communal indoor and open space has been reduced in size to improve privacy between the site and the neighbouring properties.

 

 

 

Yes

6

Shop top housing

 

i) Entries to residential apartments are to be separated from commercial entries to provide security and an identifiable address for each of the different users.

ii) Each dwelling must be provided with private open space directly accessible from its living area, in the form of either a balcony at least 2m deep or a terrace or private courtyard at least 10 square metres in area.

iii) Private open spaces should be:

· located adjacent to and accessible from the main living areas of the dwelling;

· located so as to maximise solar access, i.e. preferably orientated from north-east to north-west;

· located to ensure privacy and away from noisy locations, where possible; and

· screened by vegetation or a wall to ensure privacy.

N/A

 

 

N/A

 

Part D8 The Spot

 

The objectives of the Spot DCP are stated as follows:

 

·     To protect and enhance the heritage values of the commercial area.

·     To encourage and facilitate well designed and appropriate development within “The Spot” commercial centre with new development or alterations to existing buildings designed to be compatible with and enhance the heritage streetscape.

·     To minimise the potential of the buildings within the commercial zone to adversely affect the amenity of the residential land by implementing building height planes and controls around the commercial periphery.

 

Council’s consultant heritage planner has considered the proposed development in relation to Clause 5.10 of the RLEP which contains the provisions and objectives for development in the heritage conservation area and is supported by the objectives under the Spot DCP. The heritage planner has considered the existing character, the proposed development and its potential impact on the heritage significance of the neighbouring properties and the area.

 

As assessed in the Character test (required by Clause 30A of ARSEPP) the proposed development is considered to be appropriately site within the site and has an envelope that is generally consistent with the relevant objectives for site planning and buildings envelope in the Spot DCP. In particular, the proposed development is substantially compliant with the FSR and building height controls set by RLEP together with DCP envelope controls thus achieving an overall built form and scale of development that responds well to the local site conditions, constraints and opportunities of it being within a business zone and adjacent to residential zoned land.

 

4.      79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012.

The site is zoned Residential B1 Neighbourhood Centre under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent. The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will provide the housing needs of the community whilst enhancing the aesthetic character and protecting the amenity of the local residents.

 

The proposed development is also consistent with the relevant objectives under Clause 5.10 Heritage conservation

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

N/A

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

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

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

N/A

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

5.      Referral Comments

 

Development Engineer

 

An application has been received for alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 10 rooms and basement parking for 10 vehicles fronting St Pauls Lane (Heritage Conservation Area) at the above site.

 

This report is based on the following plans and documentation:

·     Architectural Plans  by Project Tourism International architecture dated ;

·     Statement of Environmental Effects by Glendenning Minto & Associates Pty Ltd

·     Detail & Level Survey by

·     Traffic and Parking Assessment Report by Varga Traffic Planning dated 21st January 2016 (includes manufacturer’s specifications of ‘Squareparker’ parking system by Nussbaum Technologies)

 

General Comments

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

 

Parking Comments

Parking Provision for Boarding house

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

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

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

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

 

The development is considered to be located within an accessible area due to its location close to Randwick Town Centre and frequent bus services.

 

Additional Parking required for 10 boarding rooms = 10/5 = 2 spaces

 

Planner comment: the proposed development has been amended reducing the boarding rooms from 10 to 9. This does not alter the requirement for 2 spaces.

                  

Note that this will be in addition to the existing parking provision for the shops and units which is 9 spaces.

 

Total Parking Required for site will therefore be 9 + 2 = 11 spaces

 

Total Parking Provided = 11 spaces (complies)

 

Carstacker (Squareparker) System

The proposal provides a total of 11 carspaces, of which 10 spaces are proposed to be provided within a carstacker parking system known as the Squareparker by the German company Nussbaum. Technical specifications of the squareparker system have been provided by the applicant.

 

In summary, the automated system will involve a user parking their vehicle in a transfer area at ground level which has the appearance of a single space garage. The user then leaves the vehicle and activates the system. The vehicle is then immediately transferred to the basement level via a vertical conveyor and is shuffled around the parking basement level as required for storage.

 

Similarly on exit, the system is activated at ground level by the user and the relevant vehicle is transferred to the vertical conveyor and raised to ground level.  Although not provided in the specifications provided, a video of the system in operation obtained on YouTube (See following link https://www.youtube.com/watch?v=Ia2SNiv1D3U) indicates waiting times for the system will be in the order of several minutes.

 

A waiting bay is provided within the site to avoid vehicles queuing onto the rear lane which should be sufficient for the 10 spaces serviced. It is noted that vehicles exiting the squareparker system will be required to reverse out of the transfer area. To ensure they are able to exit the site in a forward direction, a turning area has also been provided within the site. Sweeping paths have been provided within the traffic report to demonstrate the necessary turning manoeuvres can be achieved for vehicles to exit the site in a forward direction.

 

The proposed access arrangements require some coordination between entering and exiting drivers but should work satisfactorily provided the waiting and turning bays are clearly marked and the system is installed in accordance with the manufacturer’s specifications. Development Engineering generally does not favour such a heavy reliance on mechanical devices to access off-street parking however it is acknowledged in this case there are significant site constraints which make the provision of traditional parking spaces difficult to achieve. It should be noted that the existing carpark on the site is currently non-compliant with Australian Standards.

 

In consideration of the above factors, no objections are raised by Development Engineering to the proposed Squareparker system. It is noted however that no pedestrian access has been provided to the basement level and so will not achieve BCA compliance in its present form. Conditions have been included in this report to ensure the Squareparker parking system is installed in accordance with the above requirements prior to the issuing of an occupation certificate.

 

Motorbike & Bicycle parking provision

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

 

As the number of boarding rooms is 10 this will require the provision of 2 bicycle and 2 motorbike spaces. The submitted plans demonstrate compliance with this requirement.

 

Parking Layout

The vehicular access driveway and the carpark areas, (including, but not limited to, the ramp grades, carpark layout, access to carstackers, and height clearances) are to be in accordance with the requirements of Australian Standard 2890.1:2004 and the manufactures specifications of the SQUAREPARKER system.

 

Civil Works Comments

An area not currently constructed as roadway in front of No.15 Soudan Street on the St Pauls Lane frontage will need to be reconstructed as road pavement and the gutter relocated to facilitate the new vehicle access into the subject property. The area currently contains some vegetation and is being unofficially used as additional off-street parking by the occupants at No.15 Soudan Street .

 

This area belongs to Council and is dedicated as road.  Development Engineering would raise no objection to the proposed redeveloping of this area as additional road pavement. It will provide a public benefit in providing more room for vehicle manoevring at the end of St Pauls Lane.

 

Detailed plans of the reconstructed section will be required to be provided to Council’s Asset Engineering Department prior to the issuing of a construction certificate.

 

Drainage Comments

On site detention is required for this development for the redeveloped portion of the site.

 

Undergrounding of  power lines to site

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

 

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

 

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

Waste Management Comments

Prior to the siiuing of a construction certificate the applicant will be required to submit to Council and have approved by Council’s Director Planning, a Waste Management Plan (WMP) detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and show how the on-going management of waste for the units & boarding house will operate.

 

The number of bins, responsibilities of any caretaker and occupants, and proposed location of presentation area at the kerb shall be clearly indicated in the Waste Management Plan.

 

Comments on the number of Waste Bins for boarding house

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

 

The submitted plans indicate that 9 of the rooms are able to be occupied by two people, however it would be unlikely this would occur Assumigm 50% of the rooms are doubly occupies resulting in 15 occupanats.

 

Garbage per week = 15 x 9 x 7 = 945L

 

Recycling per fortnight = 15 x 3 x 14 = 630L

 

Assuming a standard 240L MGB this will require the minimum provision of 4 bins for normal garbage + 3 bins for recycling (total 7).

 

For existing units

 

For the existing units Council’s ‘Waste Management Guidelines for Proposed Developments’ specify a waste generation rate for multi-unit housing of 120L/unit/week for normal garbage and 60L/unit/week for recycling. Assuming a standard 240L bin this translates to 3 bins for garbage and 3 bins for recycling (total 6) for the 6 units.

 

For commercial tenancies

Commercial tenancies will generally have their own private waste collection servicing. The future application should ensure that their waste storage areas are adequate and are physically separated from the residential component. It is suggested an area large enough to accommodate 5 x 240L bins be provided for the two tenancies.

 

TOTAL BINS REQUIRED = 7 (Boarding House) + 6 (Units) + 5 (Commercial) = 17 bins

TOTAL BINS PROVIDED    = 16 bins

 

The minor 1 bin shortfall is not of concern to Development Engineering however the commercial and residential bin area shall be separated. A suitable condition has been included in this report.

 

Waste Collection point.

Council’s waste officers have advised that Council does not currently collect bins from St Paul’s Lane. All collection must therefore be from Perouse Road. Suitable access from the waste storage areas to Perouse Road must therefore be provided.

 

The submitted plans indicated a waste storage area is provided on the lower ground floor. The bins will be able to be transferred to the Perouse Road frontage by a proposed  hoist and ramp (grade 1:14). These arrangements are satisfactory.

 

Landscape Comments

Growing within the Perouse Road footpath, in line with the common wall/boundary between both sites, there is a juvenile Magnolia that forms part of a formal strategy in this area, and was installed as part of recent suburb-wide footpath/town centre upgrades.

 

The Ground Floor Plan, dwg 08 shows that the existing angled awning will be replaced with a new structure that will extend closer to the kerb, and parallel with the street, finishing at the rear of this tree square, and as the new awning will be well clear of this tree, and given that there are no other external works, with access able to gained directly off St Pauls Lane at the rear, conditions are not required, with the same also applying to the public bench seat just beyond the eastern boundary. 

 

Despite the shrub/tree growing in the rear yard, in the western setback, being the only vegetation within the site, it is exempt from the DCP due to its location within 2m of the building, so can be removed, with replacement planting shown for this same area.

 

Beyond the northwest corner of the site, on the adjoining parcel/hardstand, which actually forms part of the St Pauls Lane carriageway, is a garden area supported by timber sleepers, that has been created by an owner, where screen planting has been installed, including from west to east, an Umbrella Tree, which is an exempt species due to being recognized as an invasive environmental weed, and Bamboo.

 

As the plans show that works will be performed right up to this boundary, conditions allow the removal of this vegetation and sleepers if needed, wholly at the applicant’s cost.

 

The Perouse Road footpath has already been upgraded, with the Development Engineer also imposing a condition that requires the lodgement of a $3000 bond as security against any damage to these public assets, so further conditions for this component are not necessary.

 

Senior Environmental Health Officer

 

Proposed Development:

 

Proposed Boarding House for accommodation, with communal areas, outdoor courtyard, car parking.

 

Environmental Health comments

 

Acoustics

 

Acoustic Amenity

 

An acoustic report was submitted to Council prepared by Day Design titled : Proposed Boarding House Development 32-34 Perouse Road,Randwick “ report no: 5531-2.1R Rev B dated 31 May 2016 report no: 5531-2.R Rev B as part of this proposal.

 

Acoustic recommendations as well as management controls have been included in this report detailed in sections 6 and 7 of the acoustic report.

 

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

 

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

 

Outdoor courtyard not used after 10.00pm

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

Management required to keep doors of internal communal area kept closed between 10pm-7am

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

 

The use and the operation of the boarding house accommodation in particular proposals of this size, has the potential to create offensive noise and the patrons behaviours may impact on the other users of the boarding house and/or the neighbouring residential properties at times. In particular it is considered the location of the external outdoor communal area should be reconsidered with an emphasis to locate it to face internally and fixed attenuated walls to minimise direct line of sight to perimeter or adjoining properties and reduce the potential for noise impacts. Further information was requested in email 20th June 2016 in relation to the following considerations:

 

Allocating on site manager;

Reconfiguring communal outdoor/indoor area;

Consider alcohol free zone;

In response an additional report dated 5 July 2016 was received from Day Design titled “Proposed Boarding House Noise Assessment 32-34 Perouse Road, Randwick, NSW “ ref no:5531-5.11. Also submitted was a plan of Management in Appendix B titled “ Plan of Management “ July 2016 for 32-34 Perouse Road Randwick ref no: 5531-5 Appendix B.

 

The acoustic report dated 5 July 2016 proposes the following measures:

 

·     The use of balconies and outdoor common areas have been recommended to be restricted for use to between 7:00am and 10:00pm daily.

·     The doors of the indoor communal area are to be closed between 10pm-7.00am.

·     Minimise noise in internal common areas between 10pm -6.00am

·     Maximum of 12 people occupy communal room and communal open area at any one time.

·     Alcohol not to be consumed in outdoor communal space after 8.00pm.

·     Maximum of 18 persons permitted to reside in boarding house and no more than 2 persons in any one room.

 

It should be noted the elevated outdoor area has been split into eastern ( 7.5m squared) and western sides (12.5m squared) from the previous one area of 21.8 m squared.

 

The report has demonstrated that with predicted modelling acoustic compliance is achieved in the outdoor communal areas.

 

Section 3 of the acoustic report dated 5 July 2016 recommends Outdoor Communal Space Sound Barrier Wall along the northern boundary as detailed in Appendix A.

 

In conclusion the acoustic report ref no  5531-5.1.1 confirmed noise from outdoor areas will meet with required acoustic noise criteria.

 

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

 

A plan of management has also been submitted with this proposal.

 

Environmental Pollution

 

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

 

Heritage Planner

 

The following comments were provided by Consultant Heritage Planner:

 

 

 

 

Councils Heritage planner has reviewed and concurs with the comments above.

 

Design Review Panel – comments

 

The application was referred to the Design Review Panel (DRP) for comment. It is noted that the proposed boarding house is not subject to the provisions under SEPP 65 or the Apartment Design Guide and that the referral has been done to obtain comments on the basis of urban design and amenity of the proposed boarding rooms. The DRP comments were provided to the applicant with

 

INTRODUCTION

 

It was noted that this was a Development Application and the first Panel meeting with the applicant.

 

A copy of the nine SEPP 65 Design Quality Principles are attached.  The Panel’s comments, set out below, are to assist Randwick Council in its consideration of the application, and to assist applicants to achieve better design outcomes in relation to these principles.

 

The absence of a comment under any of the heads of consideration does not necessarily imply that the Panel considers the particular matter has been satisfactorily addressed, as it may be that changes suggested under other heads will generate a desirable change.

 

The Panel draws the attention of applicants to the Apartment Design Guide (ADG), as published by Planning NSW (JULY 2015), which provides guidance on all the issues addressed below.

 

This document is available from the Department of Planning Environment

 

Note:  The Panel members’ written and verbal comments are their professional opinions, based on their experience.

 

To address the Panel's comments, the applicant may need to submit amended plans.  Prior to preparing any amended plans, the applicant should discuss the Panel's comments and any other matter that may require amendment with the assessing Planning Officer.

 

When addressing the Panel's comments by way of amendments, if the applicant does not propose to address all or the bulk of the Panel's comments, and wishes to make minor amendments only, then it should be taken that the Panel considers the proposal does not meet the SEPP 65 requirements.  In these instances it is unlikely the scheme will be referred back to the Panel for further review.

 

 

PANEL COMMENTS

This is the fourth Panel review of proposals for this site and a new DA since review in July 2015.

The proposal now comprises 10 new boarding house rooms, a communal room, garaging and services at-grade to St Pauls Lane, basement car parking (automated) and alterations and additions to the existing mixed use building.

There is a current consent (due to lapse in June 2016) for the alterations and additions to the ground floor of the existing building.  The drawings, according to the applicant, reflect that current approval. It is also noted that a previous DA was approved including landscaping and new render finish to the existing 1970s brick building.

The Panel is familiar with the site and its surroundings.

 

The existing building is within “The Spot” conservation area and is a 1970s building that does not respect the street alignment or footpath awnings that otherwise consistently characterise Perouse Road. Generally the area is a pleasant and popular local hub of restaurants, shops and a cinema, and is close to the university, hospital, racecourse and public transport to the city.

The ground floor retail facade will now align with its neighbours to create a much improved streetscape, and the proposed full length awning will improve footpath amenity. The Panel recommends that designs be investigated to regularise the upper levels by the cutting back of the projecting balconies and the introduction of a frame or screen on the street alignment.

The Panel previously expressed a preference for a clear line of sight and access on the southern boundary, through to St Pauls Lane. This has not been provided however the proposed entry from Perouse Road could be improved if the boarding rooms on the southern boundary were shortened (or their eastern walls straightened) creating a distance of a least a metre between it and the west wall of the southern neighbour, 36 Perouse Rd. The lift should also be moved slightly northward to align with the face of the existing wall, which could readily be done by reconfiguring the stair geometry.  These would increase permeability for light and air and make the garden courtyard less hemmed in. 

The construction of the wall between the Cafe and the egress path should be checked against BCA requirements.

 

Principle 2: Built Form and Scale

The improvements to the existing building are supported in principle by the Panel, however the restaurant extension to the west (shown in Section B) has a very restricted ceiling height.  Methods of achieving a more appropriate ceiling height should be investigated. This extended restaurant space would also be improved if the landscape was set down where lower clearances can be made in the driveway area below.

The Panel is concerned about the egress stair and considers that specific BCA advice should be sought with regard to the separation of ascending and descending flights, egress distances, tread and handrail compliance - which will require more area and a reconfigured stair (also see comments above). The sunny open-ended common lobbies should not be compromised in any redesign.

The communal living area could have better winter sun access if a north facing, ventilating clerestory window was provided in the roof.  The other top rooms could also benefit from some roof light.

The 1metre setback to the lane and the planter boxes on the western facade are poorly detailed in the sections and it is the Panel’s opinion that the upper two floors would be better served with extra space and some external operable western louvres to manage afternoon sun and heat load.

The proposed sandstone walls to the lane need not be so solid and some light and ventilation to the garage could be achieved.  If timber looking doors are proposed perhaps the whole wall could be a composite timber product (FlameShield or the like) as a fine screen rather than a solid wall.  It is the Panel’s view that sandstone applied above the wide door lintel looks very unconvincing.

Principle 3: Density

The proposed boarding house is permissible under the Affordable Rental Housing SEPP.  The proposed FSR is acceptable at 1.75:1.  Small well-appointed boarding rooms in this area are supported by the Panel.

Principle 4: Sustainability

The boarding rooms on the upper two floors have cross ventilation however this would be better expressed if the high windows to bathrooms and fanlights on the eastern walls were shown on the plans.  Ways of achieving cross ventilation for the ground floor units should be discussed with the BCA consultant.

Ceiling fans have been shown in the living areas however, as they are all west facing, a fan should also be provided over each bed.

Principle 5: Landscape

Deep soil area and tree planting has been provided to the lane frontage, which is commendable. This planting would not need to be in raised planters as shown on the elevation but would be better at-grade.  This would increase the soil area and reduce costs.

The deep-soil area on the southern boundary is also commendable, however this will need careful detailing to optimise the soil area.

As noted above the planter construction shown in the details sections is questionable and a sun screen would be preferable to planters.

Principle 6: Amenity

The amenity of the units has been improved since the earlier proposals, however the Panel considers that the internal layouts would be much more useful if the bathroom was turned 90º and the kitchen placed opposite the bathroom.  The entry would be through the kitchen space which reduces the overall circulation space and optimises the remaining floor space for a variety of layouts. If a 1100mm screened west-facing balcony was also provided, this would be give a more spacious and amenable configuration.

Principle 7: Safety

BCA advice should be sought in relation to fire egress, cross ventilation to the ground floor units and DDA compliance.

Principle 8: Housing Diversity and Social interaction

Satisfactory

Principle 9: Aesthetics

Treatment to the lane facade has been discussed above, along with the addition of external operable screens to the upper levels which would assist in reducing the heavy horizontal expression to the lane.

The new retail facade to Perouse Rd is acceptable, and options to improve the upper levels should be explored.

SUMMARY AND RECOMMENDATIONS

Generally this arrangement has the potential to become a satisfactory proposal.  The Panel would like to view it again, perhaps as a referral, when the above comments have been investigated by the applicant and by the reviewing officer.

Planner Comment: The applicant has submitted amended plans which respond to the elements considered to be key issues in relation to the amenity and design of the development.

 

6.      DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

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

 

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

 

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA 01 Revision C

 

09/09/2016

12 September 2016

DA 02 Revision C

 

09/09/2016

12 September 2016

DA 03 Revision C

 

09/09/2016

12 September 2016

DA 04 Revision B

 

20/05/2016

12 September 2016

DA 05 Revision C

 

20/05/2016

12 September 2016

DA 06 Revision C

 

20/05/2016

12 September 2016

DA 07 Revision C

 

20/05/2016

12 September 2016

DA 08 Revision C

 

09/09/2016

12 September 2016

DA 09 Revision C

 

09/09/2016

12 September 2016

DA 10 Revision C

 

09/09/2016

12 September 2016

DA 11 Revision C

 

09/09/2016

12 September 2016

DA 12 Revision C

 

09/09/2016

12 September 2016

DA 13 Revision C

 

09/09/2016

12 September 2016

DA 13.1 Revision C

 

09/09/2016

12 September 2016

DA 15 Revision C

 

09/09/2016

12 September 2016

DA 25 Revision C

PTI

09/09/2016

12 September 2016

DA 26 Revision B

 

20/05/2016

12 September 2016

 

Amendment of Plans & Documentation

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

 

a.      An acoustic and visual privacy screen having a minimum height of 1.6m above floor level must be provided around the extremities of the common circulation spaces (at the northern, north eastern, eastern and southern ends) at ground, level 1 and level 2.  The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame. Signage shall be installed at each lobby area to the boarding house stating please keep levels of noise to a minimum and to be mindful of neighbour’s amenity.

 

b.      The west facing windows and openings must be provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

 

c.      The sill of the proposed south facing windows of the shop top housing building shall be raised to 1.6m above the internal floor levels. Alternatively these windows may be fixed (to 1.6m above floor level) and treated with obscured glazing to the specified height.

 

d.      A 600mm metre wide planter shall be installed along the northern and western side of the Level 2 communal open space area alongside the balustrade. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

e.      A 600mm planter shall be installed along the western, southern and eastern end of the level 2 terrace associated with the Accessible unit 9. Planting selection shall be evergreen species in order to restrict sightlines across to the neighbouring properties habitable room and private open space areas.

 

Parking

 

f.       Vehicle parking shall be provided for this development in strict accordance with the manufacturer’s specifications of the proposed Squareparker system and the conditions of this development consent. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.        The colours, materials and finishes of the proposed development must be in accordance with the external surfaces schedule plan Number DA 25 Revision C dated 20/05/2016. Any metal roof sheeting or elevations are to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

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 $3,031,505.00 the following applicable monetary levy must be paid to Council: $30,031.50.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

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

 

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

 

Design Alignment levels

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

 

·         To be provided in writing by the Development Engineer after plans for the proposed civil works in St Pauls Lane have been assessed.

 

The design alignment levels at the property boundary as issued 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.

 

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

 

Civil Works

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

 

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

 

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

 

Carpark Design

11.      Plans & documentation submitted for the construction certificate must satisfactorily demonstrate the following to the satisfaction of the PCA;

 

·     The  carpark’s access driveway, grades & height clearances  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).

 

·     The proposed ‘Squareparker’ parking system must be able to be satisfactorily provided within the design space provided in accordance with manufacturer’s specifications.

 

·     Emergency pedestrian access must be provided to the basement level independent of the vertical conveyor in accordance with BCA requirements.

 

·     The proposed disabled space is to be provided in accordance with AS 2890.6

 

·     Bicycle Parking to be provided in accordance with AS 2890.3

 

12.      A traffic control system is to be installed to coordinate the operation of the waiting bay with the squareparker parking system. Full design and location details of the proposed signaling system shall be submitted with the construction certificate documentation for approval by the certifying authority. A copy shall be forwarded to Council if Council is not the certifying authority.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.         Roof areas

ii.        Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

e)       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.

 

f)        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.

 

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

 

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

 

b)      The stormwater must be discharged (by gravity) either:

 

i.     Directly to the kerb and gutter or drainage system in front of the subject site in Perouse Road or  St Pauls Lane street/road; or

 

ii.    To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)      Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the redeveloped portion of the site does not exceed that which would occur during a  1 in 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

d)     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

e)      Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

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

 

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

 

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

 

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

 

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

 

j)      A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

·       The pit being constructed from cast in-situ concrete, precast concrete or double brick.

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

·       A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

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

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

·       Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

k)      The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

m)     The maximum depth of ponding in any above ground detention areas and/or infiltration systems with above ground storage shall be as follows (as applicable):

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

ii.    300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

iii.    600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10

iv.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

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

 

o)      A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

p)      Mulch or bark is not to be used in on-site detention areas.

 

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

 

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

 

Site seepage

15.      The development shall comply with the following requirements to ensure the adequate management of site seepage and sub-soil drainage:

 

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 the ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).

 

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

 

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

                 

e)    Details of the proposed stormwater drainage system including methods of tanking the basement level 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 level must be forwarded to Council if Council is not the Certifying Authority.

 

Sydney Water

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

 

The approved plans must be submitted to the Sydney Water Tap in™ online service, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

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

 

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

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

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

 

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

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

 

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

 

Waste Management

17.      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.

 

18.      The commercial garbage area must be separated from the residential bin storage areas.

 

19.      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.

 

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

20.      In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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.

 

Building Code of Australia (BCA)

21.      In accordance with section J of the BCA, the requirements and commitments contained in the relevant report must be complied with.

 

The required commitments listed and identified in the report 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 Section J commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

        Landscape Plan

22.      The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16, as amended by condition 2 of this  consent.

 

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

23.      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

24.      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

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

·             location and construction of protective fencing / hoardings to the perimeter of the site;

·             location of site storage areas/sheds/equipment;

·             location of building materials for construction;

·             provisions for public safety;

·             dust control measures;

·             site access location and construction

·             details of methods of disposal of demolition materials;

·             protective measures for tree preservation;

·             provisions for temporary sanitary facilities;

·             location and size of waste containers/bulk bins;

·             details of proposed sediment and erosion control measures;

·             provisions for temporary stormwater drainage;

·             construction noise and vibration management;

·             construction traffic management details.

 

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

 

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

 

Demolition Work Plan

28.      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

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

 

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

 

Construction Traffic Management

31.      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 (RTC), for a ‘Works Zone’ to be provided in Perouse Road 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 (RTC).

 

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.

 

NOTE: The applicant is to meet the full cost of any adjustment to the existing road signage and relocation of the bus zone, as required by Council’s Transport Engineers and RTC.

 

32.      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

·       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.

 

Landscape Plan

33.      The Certifying Authority/PCA must ensure that the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16 are amended to include the following details:

 

a)       The Planting Plan & Plant Schedule must nominate what species will be planted where, including quantities/densities, along with any other details required to describe the works;

 

b)       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with details confirming compliance to be provided;

 

c)       The species shown for the Ground Level garden bed fronting St Paul’s Lane must only be those that will not encroach past the northern boundary, onto the roadway, and cause a physical or visual obstruction.

 

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

34.      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

35.      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

36.      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

37.      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

38.      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

39.      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

40.      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

41.      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.

 

42.      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.

 

43.      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

44.      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

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

 

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

 

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

 

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

 

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

 

Traffic Management

46.      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.

 

47.      All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

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

 

Stormwater Drainage

49.      Adequate provisions must be made to collect and discharge stormwater drainage during construction 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.

 

Tree Management

50.      Approval is granted for the removal of all vegetation within the site in order to accommodate the works as shown, including the shrub/tree in the western side setback, subject to full implementation of the approved landscaping.

 

51.      Should the Schefflera actinophylla (Umbrella Tree) or Bamboo that is growing within a sleeper garden bed that has been created beyond the northeast corner of the site, wholly on the St Paul’s Lane carriageway need to be removed, Council authorizes this, wholly at the applicant’s cost, who must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

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

52.      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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

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

 

b.        Construct new section of roadway in front of new crossing as required

 

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