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Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 6 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                          6 December 2016

 

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Planning Committee Meeting

 

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

 

 

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

 

Quorum:                           Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 8 November 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Development Application Reports (record of voting required)

Planning Matters

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

D98/16      18 Dundas Street, Coogee (DA/780/2015) (Deferred).............................. 1

D99/16      32-34 Perouse Road, Randwick (DA/128/2016) (Deferred)...................... 73

D100/16    236 Alison Road, Randwick (DA/120/2016)............................................ 183

D101/16    25 Hume Street, Chifley (DA/574/2016)............................................... 203

D102/16    36 Bona Vista Avenue, Maroubra (DA/168/2016).................................... 217

D103/16    51- 53 Garrett Street, Maroubra (DA/559/2016).................................... 251

D104/16    131 Mount Street, Coogee (DA/266/2015/A)......................................... 263

D105/16    446 - 448 Bunnerong Road, Matraville (DA/685/2014/A).......................... 273

D106/16    155 Malabar Road, South Coogee (DA/404/2016)................................... 283

 

Miscellaneous Report (record of voting NOT required)

M19/16     Draft Kingsford and Kensington Planning Strategy.................................. 301    

Notice of Rescission Motions

NR7/16     Notice of Rescission Motion from the Mayor (Cr D'Souza), Cr Andrews and Cr Stavrinos - Sydney Light Rail Project - Proposed New Rail Depot on Defence Land in Bundock Street, Randwick........................................................................................ 319  

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                          6 December 2016

 

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Development Application Report No. D98/16

 

Subject:             18 Dundas Street, Coogee (DA/780/2015) (Deferred)

Folder No:                   DA/780/2015

Author:                   Matthew Choi, Senior Environmental Planning Officer     

 

Introduction

 

The subject Development Application was considered at the Ordinary Council meeting of 25 October 2016 at the request of Councillors Bowen, Moore and Neilson. At the meeting, it was resolved:

 

“(Bowen/Matson) that the matter be deferred for mediation between the applicant and objectors.”

 

Issues

 

The applicant wrote to Council on the 9 November 2016 advising that they did not want to participate in mediation with the objector at no. 16 Dundas Street, Coogee. In light of the above, the development application is referred back to the Planning Committee meeting for determination and Council’s planning officer upholds its previous recommendation that the proposal be approved, subject to conditions.

 

Response to Objector

 

A letter was forwarded to Council on the 21 October from the objectors’ legal representatives indicating a number of inconsistencies within the Council Report dated on the 25 October 2016 which Council wishes to address:

 

·      A secondary dwelling is not a permissible form of development in accordance with the SEPP (Affordable Rental Housing Provisions) 2009.

 

Council maintains its original position that a secondary dwelling is a permissible form of development. The proposal involves the conversion of an existing dual occupancy (attached) into a single dwelling as part of the same application. Council has received legal advice which outlined that the development would comply with the requirements of Clause 22(2) of SEPP Affordable Rental Housing in that the development would not result in there being any dwelling other than the principal dwelling and secondary dwelling on the land and Clause 22(2) does not stand in the way to grant consent to the development application.

 

The legal advice specifies that:

 

19.   Further, as noted above, the limitation under cl 22(2) in relation to that part of the Division that deals with the creation of a secondary dwelling is “if the development would result in there being on the land…” For the purposes of that provision, the development will not result in there being more than a principal dwelling and a secondary dwelling if the removal of the existing dual occupancy is either the consequence of the grant of consent itself, or the imposition of consent.  

 

22.   There presently exists on the land a dwelling other than the principal dwelling and the secondary dwelling. That is beside the point. If consent were granted, and the consent were acted upon, the development would not result in there being any dwelling other than the principal dwelling and the secondary dwelling on the land.

 

The conversion of the existing dual occupancy has been demonstrated both on the submitted plans and by way of condition of consent. The conditions read as follows:

 

6.     Prior to the issuing of a Construction Certificate, Development Consent DA/1118//2006 and stamped plans must be surrendered to Council.

 

7.     Prior to the issuing of a Construction Certificate, the construction certificate CC/246/2007 and submitted plans must be surrendered to Council.

 

8.     Prior to the issuing of an Occupation Certificate the existing dual occupancy must be converted into a single dwelling including all associated works at the sub-floor level.

 

·      The proposal will result in significant visual privacy impacts when viewed from the window openings and new deck of the secondary dwelling.

 

The new ground floor deck on the northern side of the secondary dwelling will not result in any additional visual privacy impacts than the existing situation. The deck is located 1.22 metres below the ground level (existing) and the existing northern side boundary fencing will be of an appropriate height to screen any direct views into the objectors rear private open space or the west facing window openings.

 

The bedroom and living room window openings of the new secondary dwelling are substantially setback from the northern side boundary at approximately 2.8 metres and 6.02 metres, respectively and do not allow for any downward looking views into the objectors premises. Similarly, the existing side boundary fencing will minimise any views from the habitable room windows of the new secondary dwelling.

 

·      The rear first floor deck will result in significant visual privacy impacts to the objectors premises.

 

The inclusion of privacy screens along the full length of the northern side rear first floor deck is an appropriate privacy measure in ameliorating the possible overlooking impacts visible into the objectors premises. A condition has been included as part of the previous Council Report that a privacy screen to a height of 1.6 metres be provided along the full length along the northern and southern edges of the first floor deck and will screen any direct overlooking into the neighbouring premises. The new screens will minimise overlooking into the habitable room windows and the principal outdoor recreation space of the dwelling.

 

Notwithstanding the above, the applicant has also recommended the following conditions of consent:

 

1.  Erection and maintenance of privacy screens on the northern edges of all balconies proposed on the first floor and not just the rear balcony of the principal dwelling;

 

The east facing first floor deck will not contribute to any direct visual privacy impacts to the objectors premises. The new upper floor level contains a finished floor level of RL62.34 which is 1.36 metres above the top of sill of the east facing first floor window opening at no. 16 Dundas Street. The degree of overlooking from the first floor east facing deck to the first floor east facing window opening is minor given the oblique nature of any overlooking impacts which does not warrant the need for additional privacy measures.

 

2.  Erection and maintenance of a new boundary fence of at least 1.8 metres in height along the common boundary between no. 16 and 18 Dundas Street;

 

The construction of any new northern side boundary fence between the subject site and the northern neighbouring premises is a matter under the Dividing Fences Act 1991 and is the responsibility of the two affected owners.

 

3.  Erection and maintanence of a privacy screens along the edge of the roof car parking area to a height of 1.6 metres designed to prevent viewing of the private open space of no. 16 but also designed to minimise the apparent bulk of the building when viewed from that privacy open space. We suggest the privacy screens could be made of horizontal metal louvres including inwards;

 

Additional privacy measures including privacy screening along the northern edges of the car park roof structure is unreasonable and unnecessary given any overlooking will not result in any adverse impacts. The area of overlooking is strictly from a parking area and is considered to be a low use space rather than functional outdoor purposes. In addition to this any overlooking is largely considered to be transitory associated with parking to and from the principal/secondary dwellings. On balance the additional privacy screening will not substantially improve the visual privacy and will contribute to the visual bulk and scale of the rear parking structure. The inclusion of additional privacy screening therefore, does not result in a better planning outcome.

 

4.  Erection and maintenance of a privacy screen along the decking area of the secondary dwelling;

 

As advised above, the new ground floor deck on the northern side of the secondary dwelling will not result in any additional visual privacy impacts than the existing situation. The deck is located 1.22 metres below the ground level (existing) and the existing northern side boundary fencing will be of an appropriate height to screen any direct views into the objectors rear private open space or the west facing window openings. Therefore no additional privacy measures are required.

 

5.  Provision of a landscape plan providing for the replacement of vegetation and trees that have been removed from no. 18 Dundas Street to the satisfaction of Our Client and Council

 

Council’s landscape officer has reviewed the development application and notes that whilst two trees indicated on the detail and level survey appear to be removed, no additional replacement trees are required in this instance.

       

6.  Erection of privacy screens in front of the north facing windows in the living area of the secondary dwelling to prevent overlooking of the private open space on no. 16. Alternatively that the glazing in the north facing windows in the living area of the secondary dwelling shall be translucent or frosted to a height of 1.6 metres above floor level; and

 

As advised above, the bedroom and living room window openings of the new secondary dwelling are substantially setback from the northern side boundary at approximately 2.8 metres and 6.02 metres, respectively and do not allow for any downward looking views into the objectors premises. Similarly, the existing side boundary fencing will minimise any views from the habitable room windows of the new secondary dwelling.

 

7.  Apart from the privacy screens mentioned in 3 above, all privacy screens to consist of appropriately angled vertical louvres, translucent, obscured frosted or sandblasted glazing in a suitable frame in order to protect the privacy of no. 16.

 

Noted. A condition of consent has been included that the installation of any new privacy screening must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

Landscaping and Permeable Spaces

 

I can confirm that there is an non-compliance to the soft landscaping requirements as detailed within the key issues section of this report which identified a minor shortfall of 36.78sqm. Council’s calculation identify that the proposal will result in a minor non-compliance to the numerical requirements, however the variation is acceptable in that the development will continue to satisfy the objectives for landscaping and permeable surfaces. The proposal will provide an equal distribution of built and unbuilt upon areas - compliant with the site coverage requirements of the RDCP2013; the rear yard has been lowered below the ground level (existing) and will improve visual privacy to the adjoining neighbours than the existing situation; the rear yard contains suitably sized areas of permeable landscaping to accommodate the growth of canopy trees and large shrubs and appropriate soft landscaping are provided along the rear, side and front setbacks to minimise stormwater run-off.

 

Rear Setbacks

 

The rear setback controls for garages and outbuildings reads as follows:

 

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

 

Council comment: The secondary dwelling and the car parking bay above is set up to the rear boundary and does not contribute to any adverse environmental impacts. The new structures will generally align with other similarly sited and dimensioned structures fronting the existing right of way along the western side of the site. The western portion of the secondary dwelling is set predominately below the ground level (existing) and the single storey nature of the parking structure will not contribute to any adverse overshadowing impacts to the neighbouring dwellings. The new rear structures is also appropriately setback from the side boundaries and the associated window openings and deck areas are located below ground level (existing) will minimise any visual privacy impacts and overlooking into the northern neighbour. The reduced rear setback is acceptable in complying with Council’s controls. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

As per Council’s resolution, the application is referred to the Planning Committee for determination. If Council wishes to approve the subject application, the non-standard conditions and standard conditions can be included in the determination. Alternatively, the application can be determined as per the original recommendation of this assessment.

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 780/2015 for the conversion of the existing dual occupancy into a single dwelling, alterations and first floor additions to the proposed dwelling, construction of a new secondary dwelling at the rear with 2 car spaces above (variation to height of buildings), at No. 18 Dundas Street, Coogee, subject to the following conditions in this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

DA01 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA02 (Revision D)

The Plan House

31/05/2016

31 May 2016

DA03 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA04 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA05 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA06 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA07

The Plan House

02/03/2016

3 March 2016

DA08

The Plan House

02/03/2016

3 March 2016

DA09 (Revision D)

The Plan House

31 May 2016

31 May 2016

DA10 (Revision D)

The Plan House

31 May 2016

31 May 2016

 

BASIX Certificate No.

Dated

Received

672138S

11 October 2015

6 November 2016

A231669

31 August 2016

6 November 2016

 

Amendment of Plans & Documentation

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

 

a.   A privacy screen having a height of 1.6 m above floor level must be provided along the full northern and southern edge of the rear first floor deck. The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

3.       Prior to the issuing of a Construction Certificate, Development Consent DA/1118//2006 and stamped plans must be surrendered to Council.

 

4.       Prior to the issuing of a Construction Certificate, the construction certificate CC/246/2007 and submitted plans must be surrendered to Council.

 

5.       Prior to the issuing of an Occupation Certificate the existing dual occupancy must be converted into a single dwelling including all associated works at the sub-floor level.

 

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

6.       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

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

 

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

 

Section 94A Development Contributions

8.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $480,000 the following applicable monetary levy must be paid to Council: $4,800.

 

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

9.       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

10.     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.

 

Vehicle Access & Carpark

11.     There shall be no change in levels within the Council Right of Carriageway and the internal vehicular access and carpark area are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

Subsoil Drainage

14.     The development shall comply with the following requirements to ensure adequate management of site seepage or groundwater:

 

a)    Any Seepage 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 seepage water to drain around the excavated levels (to ensure they will not dam or slow the movement of the ground water through the development site).

 

c)    The walls of any new basement level of the building are to be waterproofed 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 waterproofing the basement levels and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

      Structural Adequacy

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

 

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

 

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

 

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

·                                                                          

Construction Site Management Plan

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction;

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

·         

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

 

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

·                                                                          

Demolition Work Plan

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

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

·         Date the demolition works will commence

 

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

 

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

 

Notes

 

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

 

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

·                                                                          

Public Utilities

25.     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.

 

26.     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

27.     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 pedestrian.

·      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.

 

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

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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

35.     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.

 

36.     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.

 

Building Encroachments

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

 

Right of Carriageway

38.     The Right of Carriageway within the adjacent Council reserve must not be used for the long term parking of vehicles during construction and must be kept clear at all times in accordance with the terms of the Right of Carriageway. Any required temporary parking within the Right of Carriageway (eg for deliveries, etc) must be kept to a minimum and shall be undertaken within the site as far as practical.

 

Road Opening Permit

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Council’s Infrastructure, Vehicular Crossings, street verge

42.     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 Right of Carriageway 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.

 

43.     The applicant must meet the full cost for Council or council aooroved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip and concrete driveway within the Right of Carriageway etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from council’s Roadway and driveway.

 

44.     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.

 

Stormwater Drainage

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

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

46.     The premises must only be used as a single residential dwelling and secondary dwelling.

 

External Lighting

47.     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.

 

Air Conditioners

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

 

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

 

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

 

Rainwater Tanks

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

 

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

 

·     before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

·         

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

 

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

 

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

 

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

 

Attachment/s:

 

1.

18 Dundas Street, Coogee (DA/780/2015)

 

2.

DA Compliance Report - 18 Dundas Street, COOGEE 

 


18 Dundas Street, Coogee (DA/780/2015)

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Director City Planning Report No. CP61/16

 

Subject:             18 Dundas Street, Coogee (DA/780/2015)

Folder No:                   DA/780/2015

Author:                   Matthew Choi, Senior Environmental Planning Officer      

 


Proposal:                    Conversion of the existing dual occupancy into a single dwelling, alterations and first floor additions to the proposed dwelling, construction of a new secondary dwelling at the rear with 2 car spaces above (variation to height of buildings).

Ward:                     East Ward

Applicant:                Mr. N. A. Murray

Owner:                        Mr. N. A. Murray

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

Development Application Executive summary report

 

The application is referred to Council for determination at the request of Councillors Bowen, Moore and Neilson. 

 

Proposal

 

The proposal involves the conversion of the existing dual occupancy into a single dwelling, alterations and first floor additions to the proposed dwelling, construction of a new secondary dwelling at the rear with 2 car spaces above (variation to height of buildings).

 

Site

 

The subject site is known as 18 Dundas Street, Coogee and formally described as Lot 1 DP 122133. The lot is a rectangular shaped allotment with a street frontage to Dundas Street and an existing right of carriageway at the rear of the subject site. The subject site dimensions consist of a frontage width of 11.685 metres to the east and 11.89 metres to the rear (west). The northern and southern side boundaries are measured at 44.455 metres and 44.495 metres, respectively. The subject site has a site area of 524.1m2.

 

Neighbouring the site to the north is an existing two storey dwelling house and to the south is an existing three storey residential flat building. To the east is Dundas Street and to the west is an existing right of carriageway. The local character consists of predominately low density residential development with a mixture of single and two storey dwelling houses. The subject site is also located within a scenic foreshore protection area. 

 

Application History

 

Amended plans received on the 22 March 2016:

Council raised issues with the applicant to the originally submitted plans with regards to the excessive visual bulk and scale from the secondary dwelling and carport structure above, located at the rear of the subject site. The applicant responded to Council’s concerns and submitted amended plans which included the following:

 

Secondary Dwelling:

·      Reposition the secondary dwelling up to the rear boundary

·      Modification to location of window openings  

·      Increase side setback to the northern boundary by 1.84m

·      Reduce the side setback to the southern boundary by 250mm

·      Increase usable area of private open space on the northern portion of the secondary dwelling

 

Car space/carport:

·      Reduce the number of off-street parking spaces from 4 spaces to 2 spaces

·      Reduce the area of the car space

·      Increase the northern side setback by 900mm

·      Delete the carport roof structure  

 

Amended plans received on the 20 May 2016:

The applicant submitted further amended plans and statement of environmental effects which proposes alterations to the existing dual occupancy development and conversion to a single dwelling. The works involve a new internal staircase between the two occupancies, deletion of all kitchen areas and the removal of any separate access between the attached dual occupancies.

 

Legal Advice

 

Council received legal advice on the 30 August 2016 with respect to Part 2, Division 2 of the SEPP (Affordable Rental Housing) 2009 relating to the conversion of the dual occupancy which would become the ‘principal dwelling’ and the new detached dwelling would be the ‘secondary dwelling’.

 

The neighbours at 16 Dundas Street, Coogee have objected on a number of grounds. One of those grounds raises the question of permissibility because of the operation of Clause 22(2) of SEPP Affordable Rental Housing. Council’s legal advice advised that if consent were granted, and the consent were acted upon, the development would not result in there being any dwelling other than the principal dwelling and the secondary dwelling on the land and Clause 22(2) does not stand in the way to grant consent to the development application. 

 

Clause 4.6: Exceptions to Development Standards

 

Height of Buildings

The proposal contravenes the maximum height of buildings development standard contained in clause 4.3(2) of RLEP 2012. The applicant has submitted a written request seeking to justify the contravention of the standard pursuant to Clause 4.6 of RLEP 2012. The variation is summarized in the table below:

 

Proposed height of building

9.87 metres

Permissible height of building

9.5 metres

Height of building exceeding LEP control

370mm (4% variation from maximum permissible height of building requirements)

 

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

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The applicant’s written justifications in the following key arguments for the departure from the standard are as below:

 

(a) Size and scale is compatible with the desired future character of the locality

 

(b) N/A

 

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

 

The development standard referred to above is unreasonable or unnecessary in the particular circumstances of the case and there are sufficient environmental planning grounds to justify contravening of the standard. I base my request for varying the standard on the following reasons:

 

·      The size and scale is similar to other buildings in the vicinity

·      The impact to neighbours has been considered and they will not be adversely impacted through visual bulk, loss of privacy or views.

·      There is only a minimal increase in overshadowing during winter but not to a principal living area.

·      The section of the site which is over 9.5 metres is clearly below the original natural ground level.

 

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

 

1.        Consistency with the objectives of the Height of Buildings standard in the LEP objectives:

 

2.        The objectives of this clause are as follows:

 

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

 

Assessment:

The proposal complies with the above objectives for the following reasons:

 

·      The area of non-compliance is limited to the eastern most portion of the upper floor roof form which does not comply with the numerical development standard. The breach to the height of buildings development standard is contributory to the steeply sloping nature of the site with a significant fall from west to east by approximately 8.14 metres and a fall from south to north by 2.38 metres. As the dwelling extends towards the west, the sitting of the proposed two storey dwelling will remain well below the maximum height of buildings at 9.5 metres.

 

·      The proposed first floor addition establishes a suitable size and scale to the streetscape and will retain a consistent building height plane to the adjacent dwellings at nos. 16 and 20 Dundas Street. The residential flat building immediately to the south (no. 20 Dundas Street), whilst comprising of an increased front setback, has an RL75.62 as measured from the main ridge and the gable roof end of the two storey dwelling at no. 16 Dundas Street with an RL64.97. The new first floor addition contains an RL66.32 and will comfortable sit between the neighbouring dwellings and will not create any detracting visual bulk and scale from the streetscape.

 

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

 

Assessment:

The proposal is located in close proximity to a heritage item no. L461 denoted as addresses 7-13H Denning Street; 347H Rainbow Street and 6LH Garnet Street and identified as ‘Garnet Street sandstone retaining wall, embankment and street trees’. The subject site is 27.84 metres from the subject site directly south of the subject site. The new upper floor addition will not visually dominate the structure or compromise the heritage significance of the structure within the existing streetscape. The proposal will comply with Clause 5.10: Heritage conservation of the RLEP2012. The proposal is appropriately scaled and fits in with the character of the contributory and other buildings in the vicinity.  

 

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

 

Assessment:

The non-compliance to the maximum height of buildings development standard will not contribute to any adverse amenity impacts to the neighbouring dwellings and is as follows:

 

·      The proposal will not give rise to adverse privacy impacts to the neighbouring dwellings. The first floor window openings of the new upper floor addition consist of window sill heights that are more than 1.6 metres above the finished floor level. The rear first floor deck will result in significant overlooking impacts to the rear private open space of the neighbouring dwellings to the north and south at nos. 20 and 16 Dundas Street, Coogee, respectively. To minimise opportunities for overlooking, a condition of consent has been included that the new rear first floor deck shall be setback an additional 1.5 metres from the western edge of the deck. In considering the above, appropriate measures have been included to ensure the development will not contribute to adverse visual privacy impacts to the neighbouring dwellings.

 

·      The extent of additional overshadowing that is cast from the non-compliant building height to the southern neighbouring premises at no. 20 Dundas Street is reasonable. It should be noted that the southern neighbour is significantly elevated above the natural ground level of the subject site and the portion of the roof form that exceeds the maximum permissible height of buildings will fall on the subject sites front setback between 8am – 12pm and at 4pm the shadowing will fall on the existing Dundas Street roadway. The shadowing is not expected to fall on any north-facing window openings to living spaces and a portion of the front landscaped area will retain three hours of direct solar access between the hours of 9am – 4pm and will continue to comply with Council’s controls for overshadowing. The proposal is not expected to contribute to any adverse solar access impacts to the adjacent premises.

 

·      The exceedance to the maximum height of buildings by an additional 370mm above 9.5 metres will not give rise to any view loss impacts, in particular to those neighbours directly to the west/south-west of the subject site. The western/south-western neighbouring premises in particular those along Rainbow Street currently enjoy water views to the north-east/east. As discussed previously, the subject site is constrained given the typography of the site is represented by a significant fall from west to east of the subject site by approximately 8.14 metres. Subsequently, the significant fall will not contribute to any perceivable view loss from the neighbouring dwellings. The reduced level of the new upper floor addition at RL66.32 will be approximately 90mm higher than the ground level (existing) of the existing right of access way along the south-western corner of the site. Subsequently, the development is not expected to result in any significant view loss impacts and will continue to provide equitable view sharing to the neighbouring premises. 

 

·      The development will not result in any adverse visual bulk and scale impacts to the neighbouring dwellings in that the development will maintain a consistent building height plane as the adjoining dwellings. The size and scale of the new upper floor level will remain compatible with the height of buildings within the existing streetscape along Dundas Street. The development will also respect the sloping typography of the site with a fall from south to north.

 

 2.     Consistency with the objectives of the R2 Low Density Residential 

 

•    To provide for the housing needs of the community.

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

•    To recognize 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.

 

Assessment:

The conversion of the dual occupancy (attached) to a single dwelling and new upper floor level is a permissible form of development within an R2: Low Density Residential Zoning. The departure from the height of buildings development standard will generally remain consistent with the objectives of the low density residential zone. The marginal non-compliance of 370mm (4%) is limited to mostly the upper most portion of the main ridge of the hipped roof form and does not attribute to any adverse visual bulk and scale impacts given the built form will be consistent with the building heights of the adjacent dwellings with particular regard to the eastern and western neighbour. The proposal will be consistent with the desired future character of the area.

 

3.      Consistency with the State and Regional Planning Policies

 

Assessment: None applicable.

 

4.      The variation for a better planning outcome

 

Assessment: The design scheme provides for a three storey scale along the eastern end and two storeys to the western end of the dwelling which will remain consistent with the existing developments within the immediate streetscape. The additional building height does not form a detracting feature that compromises the streetscape character and the development will continue to comply with the building envelope controls including setbacks, site coverage, deep soil landscaping and general compliance with the objectives for external wall heights. As prescribed above, the variation to the height of buildings development standards will not contribute to any significant adverse environmental impacts to the neighbouring dwellings or within the streetscape and demonstrate a compliant development in terms of solar access, visual privacy and views.

 

5.         There are sufficient environmental grounds to permit the variation

 

The following assessment demonstrates that there are sufficient environmental grounds to permit the height of buildings variation:

 

·      The proposal involves a minor non-compliance to the height of buildings with the new upper floor level of 9.87 metres. The breach is considered marginal and is contributed by the significant sloping nature of the site with a fall of approximately 8.14 metres from the western to the eastern end of the subject site representing a fall of approximately 18% across the site depth and a fall of approximately 20% from south to north. The marginal breach is contributory to the inherent site constraints.

 

·      The new upper floor level includes a main ridge of RL66.32 and will generally sit between the southern and northern neighbour at RL75.62 and RL64.97, respectively. The new upper floor level will continue to respect the typography of the site and will remain consistent with the established building height plane to the adjacent dwellings.

 

·      The area of non-compliance is limited to the eastern end of the new upper level portion of the roof form. The non-compliant portion will not contribute to any significant overshadowing impacts given most of the shadowing cast will fall on the front setback of the southern neighbour at no. 16 Dundas Street. The southern neighbour will continue to receive the required three hours of direct solar access to the north-facing windows and private open space as prescribed within RDCP2013.

 

·      The area of non-compliance is not expected to contribute to any adverse amenity impacts to the neighbouring dwellings. The additional building height is negligible and will not result in any adverse environmental impacts to the amenity of the neighbouring dwellings including overshadowing, visual privacy and view sharing from the neighbouring dwellings. 

 

·      The development provides for generous side setbacks from the southern and northern neighbours at 1,185mm and 1,511mm, respectively. The additional setback above the minimum requirements of 900mm will minimise the perceivable visual bulk and scale from the adjoining premises.

 

·      The development is commensurate in bulk and scale and does not dominate or detract from the appearance of the neighbouring heritage item at no. 7-13H Denning Street; 347H Rainbow Street and 6LH Garnet Street. The size and scale of the first floor level is consistent with the height of buildings within the streetscape and will not create any excessive visual bulk that may compromise the heritage values, fabric and associated setting of the adjacent heritage item.

 

6.         The Variation is within the Public Interest

 

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

 

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

 

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

 

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

 

Does the Council have delegation to exercise the concurrence function of the

Department of Planning and Environment for development that contravenes a development standard? If so:

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

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

 

Comments:

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

 

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

 

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

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, the following submissions were received:

 

·      341 Rainbow Street, Coogee

 

Issue

Comment

A new secondary dwelling to the existing dual occupancy development is not a permissible form of development in accordance with the SEPP (Affordable Rental Housing 2009).

Noted. The applicant has since submitted amended plans which seek to convert the existing dual occupancy (attached) development to a single dwelling. Subsequently, a new secondary dwelling is a permissible form of development in accordance with the SEPP (Affordable Rental Housing 2009) provisions. 

The proposal will exceed the maximum permissible FSR of 0.65:1.

Council has recalculated the gross floor area and the proposal will comply with the maximum permissible floor space ratio of 0.65:1 as prescribed by the RLEP2012.

The proposal will exceed the maximum site coverage requirements.

The RDCP2013 prescribes that a maximum site coverage of 50%. The amended design will result in a site coverage of 45% which complies with Council’s controls.

The proposal does not comply with the minimum soft landscaping requirements.

The RDCP2013 prescribes a minimum soft landscaping treatment of 30%. The amended plans and the repositioning of the secondary dwelling will result in a development that provides for more than 30% of the subject site as permeable soft landscaping.

The new carport structure located at the rear will impact existing water views from the objectors premises.

The applicant has submitted amended plans which deletes the carport structure and lowers the building height from RL69.06 to RL67.23 and will not result in any perceivable view loss impacts from the objectors premises.

The new car space/carport will contribute to the visual bulk and scale of the development.

The applicant has submitted an amended plan which deletes two off-street parking spaces to the rear parking structure, deleted the carport structure, provided a reduced rear building envelope and additional setbacks to the northern boundary. The car parking structure will remain consistent in size and scale as the adjoining rear parking structures within the immediate streetscape and maintains the stepped nature of the built form given the significant sloping nature of the site towards the north. The rear parking structure does not give rise to significant visual bulk and scale impacts visible from the existing streetscape.  

 

·      345 Rainbow Street, Coogee

 

Issue

Comment

The proposal will breach the maximum permissible building height.

Refer to Clause 4.6: Exceptions to Development Standards for Height of Buildings for further details.

 

·      16 Dundas Street, Coogee

 

Issue

Comment

The secondary dwelling is a prohibited form of development given the existing use as a dual occupancy development.

Noted. The applicant has submitted amended plans seeking alterations to the existing dual occupancy and conversion to a single dwelling. In accordance with the SEPP (Affordable Rental Housing 2009), the proposal will remain as a permissible form of development given it will result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling, in accordance with the SEPP.

The submitted application seeks to deceive Council with the proposed ad-hoc additions given to previous approval of consents. 

Council is aware of the development history of the subject site and the unauthorised building works carried out.

The proposal exceeds the maximum permissible FSR.

The proposal complies with the maximum permissible floor space provisions of 0.65:1.

The proposal exceeds the maximum permissible building height.

Noted. Refer to Clause 4.6: Exceptions to Development Standards for further details.

The proposal does not comply with the controls for Clause 2.2: Site Layout for Detached Dual Occupancies within the RDCP2013.

The applicant has submitted amended plans and seeks to convert the existing dual occupancy development into a single dwelling. Subsequently, Clause 2.2 of the RDCP2013 does not apply to the subject development.

The proposal does not comply with the controls for Clause 6.6: Carport configuration within the RDCP2013.

Noted. The applicant has submitted amended plans and seeks to delete the carport structure from the plans.

The proposal will exceed the maximum site coverage requirements.

The RDCP2013 prescribes that a maximum site coverage of 50%. The amended design will result in a site coverage of 45% which complies with Council’s controls.

The proposal does not comply with the minimum soft landscaping requirements.

The RDCP2013 prescribes a minimum soft landscaping treatment of 30%. The amended plans and the repositioning of the secondary dwelling will result in a development that provides for more than 30% of the subject site as permeable soft landscaping.

The proposal does not comply with the side setback requirements.

The subject site has a frontage width of less than 12 metres (11.69 metres) and subsequently a minimum side setback of 900mm is required at ground and first floor levels. The amended scheme results in a compliant side setback from the above car parking area at 956mm, the secondary dwelling level at 2.45 metres and the first floor level 1.5 metres, all from the northern boundary, adjacent the objectors premises.

The proposal does not comply with the rear setback requirements.

The Council controls for rear outbuildings prescribes that outbuildings may constructed to the rear boundaries in considering the following:

 

·      The external walls are finished and do not require frequent maintenance;

·      There are no windows or openings facing the adjoining allotments; and

·      Adequate solar access to the adjoining dwellings is maintained.

 

The external walls of the secondary dwelling adjacent the western (rear) boundary is located below the ground level existing and will not involve any maintenance; the north-facing window openings will not give rise to any significant privacy impacts and will not cast any adverse shadowing to the principal outdoor recreation space or the habitable room windows of the neighbouring premises.

The proposal will contribute to adverse visual bulk and scale impacts and will appear significant from the neighbouring premises.

The applicant has submitted amended plans which seek to delete the roof of the carport and will reduce the perceivable visual bulk and scale of the development visible from the objectors premises. Notwithstanding this, the amended proposal amends the sitting and location of the secondary dwelling with an increased side setback of approximately 2.796 metres from the northern boundary and provides a greater building separation from the objectors premises. The single storey nature at the rear of the subject site will not contribute to any apparent visual bulk from the neighbouring premises.    

The proposed carport structure will contribute to the visual bulk and scale of the development and the number of vehicles will add to the smoke, fumes and odours to the objectors premises.

Noted. The applicant has provided amended plans which delete the carport structure and reduce the number of parking spaces to two spaces which will significantly improve the amenity of the objectors premises.

The proposal will provide 13+ bedrooms and is considered an overdevelopment of the site.

The proposal provides a maximum of 6 bedrooms to the primary dwelling and 2 bedrooms to the secondary dwelling as indicated on the submitted plans.

 

A further objection was received by the objectors subject to the amended plans received by Council on the 20 May 2016:

 

Issue

Comment

The secondary dwelling located at the rear of the subject site is not a permissible form of development in accordance with the SEPP (Affordable Rental Housing 2009).

Noted. Council has received legal advice that if consent were granted, and the consent were acted upon, the development would not result in there being any dwelling other than the principal dwelling and the secondary dwelling on the land.

 

Key Issues and areas of non-compliance:

 

·      Randwick Development Control Plan 2013

 

Clause 2.4: Landscaping and Permeable Surfaces

The RDCP2013 provides for 23% (120.45sqm) of the site area to be provided for soft landscaping less than the required 30% (157.23sqm) and will result in the shortfall of 36.78sqm. The variation from the Council control is acceptable in considering the development generally satisfies the objectives for landscaping and permeable surfaces as follows:

 

·      To ensure landscaped areas are effectively distributed on the site to achieve a visual balance between building structures and open space.

 

Comment: The proposal will continue to provide an equitable distribution between built and unbuilt upon areas within the site. The development complies with the site coverage requirements of the RDCP2013 with 45% of the site area being covered by the built form less than the maximum requirement of 50%. The reduced site coverage area will achieve a visual balance between the building blocks and the open space and soft landscaping will be evident within the front and rear of the principal dwelling. 

 

·      To provide privacy screening between dwellings.

 

Comment: The reduction in areas of permeable landscaping will continue to provide areas for privacy screening to the neighbouring dwellings. The proposed development is appropriately setback from the northern and southern neighbours by a minimum of 900mm (as required by the RDCP2013) and provides ample area to provide for soft landscaping to be provided to screen any potential privacy impacts between the neighbouring buildings. It should also be noted that the works to the rear involve lowering the ground level (existing) to create a more usable outdoor private open space and any potential overlooking to the immediately adjoining northern neighbour will be reduced from the existing situation. 

 

·      To retain and provide for canopy trees and large shrubs to contribute to the establishment of vegetation corridors across the locality.

 

Comment: The areas provided as deep soil permeable landscaping are suitably sized and dimensioned to accommodate the growth for large and significant trees on the subject premises. This includes the retention of an existing frangipani tree located up to the northern boundary to the rear of the existing dwelling.

 

·      To assist with stormwater infiltration and reduction of overland flow.

 

Comment: The subject site consists of a steeply sloping site with a significant fall from west to east by approximately 8.14 metres and allows for stormwater to be directed to Dundas Street. Substantial vegetation will remain at the rear of the subject premises and any stormwater is likely to drain into the areas of permeable landscaping. Furthermore, suitable conditions of consent have been included by Councils development enginer which advise that stormwater run-off from the development portion of the site be discharged either to the kerb and gutter along the site frontage by gravity or through a private drainage easement to Council’s kerb and gutter. Drainage plans are required to be submitted to demonstrate compliance with the Building Code of Australia.

 

In considering the above, the shortfall of soft landscaping by approximately 37sqm would not have an adverse impact to the amenity of the neighbouring dwellings and the variation from the control is acceptable in that it complies with the objectives of the RDCP2013. The non-compliance is acceptable in this instance.

 

Clause 3.2: Building Height

Clause 3.2: Building Height prescribes a maximum external wall height of 7 metres for sites with a flat or gentle gradient and 8 metres for a significantly sloping site. The existing site is characterised by a substantial fall of approximately 9.16 metres from west to east which is a 20% slope of the site depth. The site also comprises of a fall across the site frontage from south to north of approximately 1.74 metres and is a 15% slope across the frontage width. Therefore, an external wall height of approximately 8 metres to the subject site is acceptable in this instance. The proposed development will result in an external wall height to a maximum of 8.35 metres and will result in a 350mm variation from the Council control. The departure from the Council control is directly a consequence of the constraints of the site and its sloping nature given the external wall will sit well below the maximum external wall height of 8 metres on the southern side of the dwelling at 7.26 metres. In addition to this, the non-compliance to the external wall height control will not contribute to any appreciable amenity impacts with respect to solar access and overshadowing, visual privacy and views and will continue to comply with the northern side setback for building setbacks at the third floor level. In considering the merits of the proposal, the development will generally comply with the objectives for building height as per the RDCP2013.   

 

Clause 3.3.2: Side Setbacks

The RDCP2013 prescribes a minimum side setback of 1500mm at the second storey & above should the frontage width be between 9 and 12 metres in width. At present the existing development comprises of a subfloor level and protrudes more than 1.2 metres above the ground level (existing). Subsequently, the new first floor addition constitutes the second storey and requires a setback of 1500mm from the side boundaries. The proposed second storey is setback 1.185 metres from the southern side boundary and does not comply with Council’s controls. The variation from the Council control is acceptable given the development will integrate with the overall architectural form and detail of the house. The inclusion of an additional setback from the first floor level to demonstrate a compliant side setback would create a stepped built form at the upper floor level which would detract from the appearance of the dwelling within the streetscape. The reduced side setback from the southern boundary will not contribute to any appreciable impacts in terms of overshadowing, visual privacy and bulk and scale given the principal dwelling of the southern neighbour consists of a substantial front setback from the primary street frontage along Dundas Street. The reduced setback from the southern boundary is acceptable and will remain consistent with the relevant objectives for side setbacks.

 

Clause 5.1: Solar access and Overshadowing:

The Council controls prescribe a minimum of three hours of direct solar access to the north-facing window openings and the private open space of the neighouring premises. The immediately southern neighbour at no. 20 Dundas Street is set significantly further back from the front building alignments to the neighbouring buildings within the urban block and is located on the high point of Dundas Street and therefore is set substantially higher than the subject site. With regards to the window openings, the proposal is not expected to contribute to any significant shadowing to the north-facing lower ground floor window openings. A portion of the north-facing lower ground floor window openings will retain solar access through the top half of the window opening and will comply with Council’s controls for solar access and overshadowing. Notwithstanding this, the ground and the first floor level window openings will not be shadowed by the proposed development.

 

In terms of the shadowing to the front open space, the new upper floor level to the principal dwelling will cast some additional shadowing between the hours of 8am – 4pm. The Council’s RDCP2013 requires that the private open space of the neighbouring dwellings must receive a minimum of three hours of direct sunlight between 8am and 4pm on 21 June. The upper floor level will contribute to some minor shadowing to the northern portion of the front setback at no. 20 Dundas Street, however the extent of shadowing is considered to be negligible. The area of non-compliance is not significant given the residual area of the front open space will retain more than the required three hours and is appropriately sized to accommodate the passive recreational activities to the southern neighbouring dwelling.

 

Clause 5.3: Visual Privacy:

The objectives for visual privacy as per the RDCP2013 prescribe that to ensure development minimizes overlooking or cross-viewing to the neighbouring dwellings to maintain reasonable levels of privacy. The proposal will not give rise to adverse privacy impacts to the neighbouring dwellings. The first floor window openings of the new upper floor addition consist of window sill heights that are more than 1.6 metres above the finished floor level. However, the first floor deck which adjoins the rear yard will allow for overlooking over the existing side boundary fencing and into the private open space of the neighbouring dwelling to the north. Notwithstanding this, the first floor balcony will also allow for direct overlooking into the habitable room window openings of the southern neighbour. To minimise opportunities for overlooking a condition of consent has been included that a privacy screen be installed along the full northern and southern edge of the rear first floor deck to reduce the potential for overlooking.

 

Objections have also been received from the adjoining neighbour with respect to potential visual privacy impacts on a standing position of the hardstand car parking area.

 

In considering the above, appropriate measures have been included to ensure the development will not contribute to adverse visual privacy impacts to the neighbouring dwellings. The proposal will continue to provide a reasonable level of visual privacy and will comply with the respective objectives within the RDCP2013.

 

IMG_7132

View from the first floor level of no. 20 Dundas Street, Coogee to the subject site (no. 18 Dundas Street) and the adjoining neighbour at no. 16 Dundas Street.

 

Clause 7.4: Outbuildings

The Council’s controls specify that except for laneway development, only single storey structures are permitted with a maximum building height of 3.6 metres and external wall height of 2.4 metres. The rear of the subject site adjoins a right of carriageway and is not adjacent to an existing laneway. The proposed secondary dwelling and car parking area above, consists of an external wall height of 2.88 metres as measured from the north-western corner of the parking area and as measured from the ground level (existing). The height of the structure is due to the inherent site constraints with a substantial fall from south to north by approximately 1.78 metres. In considering the hardstand parking area is constructed at grade the sloping nature of the site will result in an increase in the building height from the north-western corner.

 

Overall the height of the existing structure is considered reasonable given visually it will appear 1 metre in height from the south-western corner and increases in height as the site slopes away. The rear structure will continue to comply with the maximum height of outbuildings as per Council’s controls and will comfortably fit within the context of the existing streetscape with the adjoining structures fronting the right of carriageway. The development is reasonable and the minor variation from the wall height requirement by 480mm is acceptable and limited to a small portion of the rear of the site. The variation is acceptable and does not give rise to any adverse environmental and amenity impacts and will continue to provide a reasonable level of visual privacy, overshadowing, views and visual bulk and scale.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 


 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 780/2015 for the conversion of the existing dual occupancy into a single dwelling, alterations and first floor additions to the proposed dwelling, construction of a new secondary dwelling at the rear with 2 car spaces above (variation to height of buildings), at No. 18 Dundas Street, Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Amendment of Plans & Documentation

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

 

a.     A privacy screen having a height of 1.6 m above floor level must be provided along the full northern and southern edge of the rear first floor deck. The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

3.       Prior to the issuing of a Construction Certificate, Development Consent DA/1118//2006 and stamped plans must be surrendered to Council.

 

4.       Prior to the issuing of a Construction Certificate, the construction certificate CC/246/2007 and submitted plans must be surrendered to Council.

 

5.       Prior to the issuing of an Occupation Certificate the existing dual occupancy must be converted into a single dwelling including all associated works at the sub-floor level.

 

 


Attachment/s:

 

1.

DA Compliance Report - 18 Dundas Street, COOGEE 

Included under separate cover

 

 


DA Compliance Report - 18 Dundas Street, COOGEE

Attachment 2

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/780/2015

 

PROPERTY:     

 

18 Dundas Street, COOGEE  NSW  2034

 

Proposal:

Conversion of the existing dual occupancy into a single dwelling, alterations and first floor additions to the proposed dwelling, construction of a new secondary dwelling at the rear with 2 car spaces above (variation to height of buildings).

 

Recommendation:

Approval

 

 

Relevant Environment Planning Instruments:

 

1.       SEPPs

 

State Environmental Planning Policy: Affordable Rental Housing 2009

The application has been submitted seeking consent under Division 2 of the SEPP: Affordable Housing Secondary dwellings. Under Division 2 the following clauses are relevant:

 

Clause 19: Definition

The proposed development falls within the scope of the definition of a secondary dwelling in that it entails development for the purposes of a secondary dwelling by a self-contained dwelling and not being an individual lot in a strata plan or community title scheme.

 

Clause 20: Land to which this division applies

This subject site is located on R2 zoned land which is equivalent to Zone R2 Low Density Residential identified under the SEPP Affordable Housing and the development for the purposes of a secondary dwelling (granny flat) is permissible on the land.

 

Clause 21: Development to which Division applies

The proposed development for a secondary dwelling may be carried out with consent under this SEPP subject to Clause 22 below.

 

Clause 22: Development may be carried out with consent

Under Subclause 3(a) & (b) the following criteria apply:

 

(a) The total floor area of the principal dwelling and the secondary dwelling must be no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

(b) The total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

Comment:

 

(a) The subject site is 524.1m², as per the RLEP 2012 the maximum FSR for the subject site is 0.65:1. The proposed secondary dwelling will result in an additional 59.86m². This means that the new F.S.R for the secondary dwelling and the new upper level additions will result in an FSR of 0.65:1 which meets the numerical control as per the RLEP 2012. Further discussion of other relevant environmental issues is discussed in the body of this report.

 

(b) The proposed development has a floor area of 59.86m² and complies.

 

Overall, the proposal is acceptable having regard to Clause 22 and will achieve a good planning outcome

 

Clause 23   Complying development

The proposed development is not complying development as defined under the SEPP and therefore requires a Development Application.

 

Clause 24   No subdivision

The proposed development does not seek or is allowed subdivision of the lot on which development for the purposes of the secondary dwelling has been sought to be carried out under this Division.

 

2.       Randwick LEP 2012

 

The subject site is zoned R2: Low Density Residential under Randwick LEP 2012. The proposal development is classified as a ‘dwelling house’ and is permissible within the R2 Zone and the new secondary dwelling is permissible in accordance with the requirements of the SEPP (Affordable Rental Housing 2009). The zoning objectives are addressed as follows:

 

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

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

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

·      To protect the amenity of residents.

·      To encourage housing affordability.

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

 

The proposal 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 following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.65:1

0.65:1

Yes

Height of Building (Maximum)

9.5 metres

9.87 metres

No*

Lot Size (Minimum)

NA

NA

NA

 

Clause 6.7: Foreshore Scenic Protection Area

The proposal will comply with the objectives of Clause 6.7: Foreshore Scenic Protection Areas. The new dwelling houses are appropriately stepped with respect to the sloping nature of the site from south to north and will maintain the building height plane visible between the adjoining neighbours between nos. 16 and 20 Dundas Street. The development is not excessive in size and scale and will generally be commiserating with the built form character of the surrounding development and does not detract from the appearance of the streetscape setting or the scenic quality of the foreshore area. The colours, materials and finishes include neutral tones with a rendered finish to complement its coastal setting. The proposal will comply with the objectives of Clause 6.7: Foreshore Scenic Protection Areas

 

3.       Randwick Comprehensive DCP

 

3.1      C1 Table:  Low Density Residential

 

Randwick Development Control Plan

 

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

 

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

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning =

 

2

Site planning

 

 

2.3

Site coverage

 

Up to 300 sqm = 60%

301 to 450 sqm = 55%

451 to 600 sqm = 50%

601 sqm or above = 45%

Required: 50%

Proposed: 45% (235.8sqm)

Complies.

2.4

Landscaping and permeable surfaces

 

i)     Up to 300 sqm = 20%

ii)    301 to 450 sqm = 25%

iii)   451 to 600 sqm = 30%

iv)   601 sqm or above = 35%

v)    Deep soil minimum width 900mm.

vi)   Maximise permeable surfaces to front

vii)  Retain existing or replace mature native trees

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

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

Required: 30%

Proposed: 23% 

Does not comply. Refer to key issues and areas of non-compliance within the executive summary report for further details.

2.5

Private open space (POS)

 

Dwelling & Semi-Detached POS

 

 

 

Up to 300 sqm = 5m x 5m

301 to 450 sqm = 6m x 6m

451 to 600 sqm = 7m x 7m

601 sqm or above = 8m x 8m

Required:  7m x 7m

Proposed: > 7m x 7m

Complies

3

Building envelope

3.1

Floor space ratio LEP 2012 = 0.65:1

0.65:1

Complies.

3.2

Building height

 

 

 

Maximum overall height LEP 2012  =

9.87 metres 

Does not comply. Refer to Clause 4.6: Exceptions to Development Standards within the Executive Summary Report.

 

i)   Maximum external wall height = 7m (Minimum floor to ceiling height = 2.7m)

ii)   Sloping sites = 8m

iii)  Merit assessment if exceeded

Floor to ceiling heights: 2.7 metres

 

External wall heights: 9.16 metres 

Complies.

 

 

Does not comply. Refer to Executive Summary Report for further details.

3.3

Setbacks

3.3.1

Front setbacks

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

 

ii)   Corner allotments: Secondary street frontage:

-    900mm for allotments with primary frontage width of less than 7m

-    1500mm for all other sites

 

iii)  do not locate swimming pools, above-ground rainwater tanks and outbuildings in front

 

No change to the front setback of the dwelling.

 

 

No corner allotment.

 

 

 

 

 

 

The proposal does not include any swimming pools, above ground rainwater tanks or outbuildings within the front setback.

 

Complies.

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

3.3.2

Side setbacks:

Semi-Detached Dwellings:

·      Frontage less than 6m = merit

·      Frontage b/w 6m and 8m = 900mm for all levels

Dwellings:

·      Frontage less than 9m = 900mm

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

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

 

Refer to 6.3 and 7.4 for parking facilities and outbuildings

Refer to key issues and areas of non-compliance with the executive summary report for further details.

Complies.

3.3.3

Rear setbacks

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

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

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

-    protect the privacy and solar access

 

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

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

-    Compatibility

-    POS dimensions comply

-    minimise solar access, privacy and view sharing impacts

 

Refer to 6.3  and 7.4 for parking facilities and  outbuildings

The principal dwelling is setback 21.6 metres from the rear boundary and is substantially setback from the rear boundary.

 

 

 

 

 

 

The secondary dwelling and the car parking bay above is set up to the rear boundary and does not

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

4

Building design

4.1

General

 

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

·    articulated to enhance streetscape

·    stepping building on sloping site,

·    no side elevation greater than 12m

·    encourage innovative design

The proposed development appropriately responds with the context of the existing site.

 

4.4

Roof Design and Features

 

 

 

i)   Rooftop terraces on dwelling (not roof)

 

 

ii)   Roof terraces above garages (low side)

 

 

 

Dormers

iii)  Dormer windows don’t dominate

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

v)  Multiple dormers consistent

vi)  Suitable for existing

·      Celestial windows and skylights

vii) Sympathetic to design of dwelling

Mechanical equipment

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

The proposal does not include any new rooftop terraces.

 

The proposal does not include any new roof top terraces above garage structures.

 

 

No dormer windows are proposed as part of this development application.

Complies

 

 

 

Complies

 

 

 

 

 

Complies

4.5

Colours, Materials and Finishes

 

i)   Schedule of materials and finishes

ii)   Finishing is durable and non-reflective.

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

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

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

vi)  recycled and re-use sandstone

(See also section 8.3 foreshore area.)

A condition of consent has been included that the external materials and finishes are required to match, as closely as possible, the existing building and details of colours, materials and textures must be submitted and approved by Council’s Manager of Development Assessments prior to the issue of a construction certificate.

Complies.

4.6

Earthworks

 

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

ii)   minimum 900mm side and rear setback

iii)  Step retaining walls

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

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

vi)  cut and fill for POS is terraced

where site has significant slope:

vii) adopt a split-level design

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

The proposal involves excavation 1.22 metres below the ground level (existing). The excavation works is more than 1 metre below ground level and is setback nil from the side boundary and does not comply with Council’s controls. However, the variation from the control is acceptable given suitable conditions of consent have been included to minimise the any structural earthworks to the neighbouring property. 

 

Complies.

5

Amenity

5.1

Solar access and overshadowing

 

Solar access to proposed development:

 

 

 

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

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

The new upper floor level is expected to receive the required three hours of direct solar access between the hours of 8am – 4pm, 21 June.

Complies.

 

Solar access to neighbouring development:

 

 

 

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

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

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

vi)  Variations may acceptable be subject to:

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

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

·      Topography of the subject and adjoining allotments.

·      Location and level of the windows in question.

·      Shadows cast by existing buildings on the neighbouring allotments.

Refer to key issues and areas of non-compliance with the executive summary report for further details.

Complies.

5.2

Energy Efficiency and Natural Ventilation

 

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

·      Skylights (ventilated)

·      Clerestory windows

·      Fanlights above doorways

·      Highlight windows in internal partition walls

·      living rooms contain windows and doors opening to outdoor areas

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

The proposal provides for external window openings to the outdoor areas and provides adequate natural light and daylight into habitable rooms and internalized areas.

Complies.

5.3

Visual Privacy

 

Windows

 

 

 

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

-    windows are offset or staggered

-    minimum 1600mm window sills

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

-    Install fixed privacy screens to windows.

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

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

Refer to key issues and areas of non-compliance with the executive summary report for further details.

Complies.

 

Balcony

 

 

 

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

ii)   Privacy screens

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

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

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

To minimise the potential overlooking impacts to the neighbouring dwellings a suitable condition of consent has been included that a privacy screen must be installed along the full northern and southern edges of the rear first floor deck.

Complies, subject to condition.

5.4

Acoustic Privacy

 

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

Attached dual occupancies

ii)   Reduce noise transmission between dwellings by:

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

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

The proposal will provide a reasonable level of acoustic privacy to the neighbouring buildings and the existing rooms.

Complies.

5.5

Safety and Security

 

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

ii)   Street numbering at front near entry.

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

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

The proposed development does not seek to alter the location of the existing main entrance on the northern side of the building.

Complies.

5.6

View Sharing

 

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

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

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

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

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

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

(certified height poles used)

The proposal will not result in any view loss of existing water and iconic views and will comply with the requirements of view sharing within the RDCP2013.

 

The proposal will also comply with the relevant planning principles of tenacity consulting vs. Warringah Council.

Complies.

6

Car Parking and Access

6.1

Location of Parking Facilities:

 

 

 

i)   Maximum 1 vehicular access

 

 

 

 

 

 

 

ii)   Locate off rear lanes, or secondary street or

 

 

 

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

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

 

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

Double width if:

-    Frontage >12m,

-    Consistent with pattern in the street;

-    Landscaping provided in the front yard.

 

 

 

 

 

 

 

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

 

 

vi)  Avoid long driveways (impermeable surfaces)

The proposal includes the construction of a new vehicular access adjoining the existing right of carriageway at the rear of the subject site.

 

The right of carriageway is located at the rear of the subject site.

 

Located behind the front façade of the building.

 

 

 

 

The proposal includes the construction of a parking area which accommodates for two hardstand car spaces, reversing bay and bin storage area adjoining the carriageway. The hardstand car parking area is located at the rear and does not front the primary street frontage.

 

The proposal does not involve any significant excavation works within the front elevation.

 

The proposal does not include any long driveways with access from the right of carriageway at the rear of the subject premises.

Complies

 

 

 

 

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

6.2

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

 

i)   - An uncovered single car space

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

-    Landscaping incorporated in site frontage

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

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

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

-    no alternative or feasible location

-    Significant slope down to street level

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

-    does not pose risk to pedestrian safety and

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

No parking areas located forward of the front façade alignment.

Complies.

6.3

Setbacks of Parking Facilities

 

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

ii)   1m rear lane setback

iii)  Nil side setback where:

-    nil side setback on adjoining property;

-    streetscape compatibility;

-    safe for drivers and pedestrians; and

-    Amalgamated driveway crossing

 

The proposed parking area is 1.88 metres above the ground level (existing) and is setback 956mm from the northern side boundary and 1350mm from the southern side boundary.

Complies.

6.4

Driveway Configuration

 

Maximum driveway width:

-    Single driveway – 3m

-    Double driveway – 5m

Must taper driveway width at street boundary and at property boundary

 

The proposed parking bay on the western side of the allotment is greater than 5 metres and the increased driveway width is acceptable given the driveway fronts an existing right of carriageway and will not reduce any existing off-street parking spaces given the right of way is located on private property. The increased driveway width is also necessary in considering the significant sloping nature of the site, the restrictive sightlines and for vehicles to enter and exit in a forward motion. 

Complies

6.5

Garage Configuration

 

i)   recessed behind front of dwelling

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

-    Single garage – 3m

-    Double garage – 6m

iii)  5.4m minimum length of a garage

iv)  2.6m max wall height of detached garages

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

vi)  600mm max. parapet wall or bulkhead

vii) minimum clearance 2.2m AS2890.1

The proposal does not include garages as part of this development application.

Not applicable.

6.6

Carport Configuration

 

i)   Simple post-support design (max. semi-enclosure using timber or metal slats minimum 30% open).

ii)   Roof: Flat, lean-to, gable or hipped with pitch relates to dwelling

iii)  3m maximum width.

Iv  5.4m minimum length

v)  2.6m maximum height with flat roof or 3.0m max. height for pitched roof.

vi)  No solid panel or roller shutter door.

vii) front gate allowed (minimum 30% open)

viii) Gate does not open to public land

The proposal does not include carports as part of this development application.

Not applicable.

6.7

Hardstand Car Space Configuration

 

i)   Prefer permeable materials in between concrete wheel strips.

ii)   2.4m x 5.4m minimum dimensions

 

The proposed hardstand parking areas will comply with the minimum parking dimensions of 2.4m x 5.4m.

Complies.

7

Fencing and Ancillary Development

7.1

General - Fencing

 

i)   Use durable materials

ii)   sandstone not rendered or painted

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

iv)  Avoid expansive surfaces of blank rendered masonry to street

No fencing has been proposed as part of this development application.

Not applicable.

7.2

Front Fencing

 

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

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

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

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

-    Site faces arterial road

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

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

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

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

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

vii) Gates must not open over public land.

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

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

The proposal does not include any new front boundary fencing as part of this development application.

Not applicable.

7.3

Side and rear fencing

 

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

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

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

iv)  Both sides treated and finished.

The proposal does not include any new side and rear boundary fencing as part of this development application.

Not applicable.

7.4

Outbuildings

 

i)   Locate behind the front building line.

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

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

iv)  Nil side and rear setbacks where:

-    finished external walls (not requiring maintenance;

-    no openings facing neighbours lots and

-    maintain adequate solar access to the neighbours dwelling

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

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

-    Use screen planting landscaping to visually soften the outbuilding;

-    Not be obtrusive when viewed from the adjoining properties;

-    Maintain adequate solar access to the adjoining dwellings; and

-    Maintain adequate privacy to the adjoining dwellings.

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

Refer to the key issues and areas of non-compliance with the executive summary report for further details.  

Does not comply. Refer to Executive Summary Report for further details.

7.5

Swimming pools and Spas

 

i)   Locate behind the front building line

ii)   Minimise damage to existing tree root systems on subject site and adjoining.

iii)  Located to minimise noise impacts on the adjoining dwellings.

iv)  Pool and coping related to site topography (max 1m over lower side of site).

v)  900mm minimum coping from rear and side boundaries.

vi)  Incorporate screen planting (min. 3m mature height unless view corridors affected) between setbacks.

vii) Position decking to minimise privacy impacts.

viii) Pool pump and filter contained in acoustic enclosure and away from the neighbouring dwellings.

The proposal does not include any new swimming and/or spa pools as part of this development application.

Complies.

7.6

Air conditioning equipment

 

i)   Minimise visibility from street.

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

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

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

The proposal does not include air-conditioning equipment as part of this development application.

Complies.

7.8

Clothes Drying Facilities

 

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

Suitable areas are provided within the rear private open space to accommodate for clothes drying areas.

Complies.

8

Area Specific Controls

8.1

Development in Laneways

 

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

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

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

iv)  Nil side setback allowed subject to:

-    adjoining building similarly constructed

-    no unreasonable visual, privacy and overshadowing impacts

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

The subject site does not adjoin any rear laneways.

Complies.

8.2

Development in Laneways Nominated for Road Widening

 

Notwithstanding minimum RLEP 2012 lot size and minimum DCP frontage, the subdivision of land for a dwelling house fronting a nominated laneway may be permitted having regard to the following criteria:

i)   The merits of the proposal and compliance with the objectives of this DCP; and

ii)  The dedication to Council of a strip of land 4.57m in depth along the frontage of the lane for road widening purposes.

The proposed development is not subject to road widening under the RDCP2013.

Complies.

8.3

Foreshore Scenic Protection Area

 

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

 

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

 

 

 

 

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

 

iv)  Must not use high reflective glass

 

 

 

v)  Use durable materials suited to coast

 

 

 

 

vi)  Use appropriate plant species

 

 

 

 

vii) Provide deep soil areas around buildings

 

 

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

 

 

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

 

 

 

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

The proposal will maintain the visual presentation of the buildings within the existing streetscape.

 

 

The new structures located at the rear of the building block will remain generally compatible with the existing streetscape

 

As per condition of consent.

 

 

No reflective glass applied to the proposed development

 

Materials will be consistent with the existing dwelling house.

 

Suitable planting will ensure the landscaped area is generally consistent.

 

Deep soil areas are suitably provided around the building.

 

No swimming pool areas proposed as part of this development.

 

No rock outcrops, shelves or large boulders as part of the overall landscape design.

 

Retaining walls will not be visible from the foreshore area.  

Complies.

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

 

 

 

Complies.

 

 

 

Complies.

 

 

 

 

Complies.

 

 

 

 

Complies.

 

 

 

Complies.

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

4.       79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to Section 1 and 2 of the compliance report.

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

Not applicable.

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

Refer to Section 3 of the compliance report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

 

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

 

The issues raised in the submissions have been addressed in the executive summary 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

 

An amended application has been received for the construction of new upper level to the existing dwelling and a secondary dwelling to rear of dwelling with 4 car garage above at the above site.

 

This report is based on the following plans and documentation:

·      Amended Architectural Plans by the Plan House dated 22/03/2016;

·      Statement of Environmental Effects by The Planhouse dated October 2015

·      Detail & Level Survey by John B Stephen dated 26th November 2014.

·      DP 1080495

 

Right of Carriageway Comments

Some years ago Council entered into a legal agreement to create a Right of Carriageway 3m wide over the adjacent Council reserve benefitting the properties No.10-18 Dundas Street to access off-street parking. This was subsequently created via DP 1080495 (registered February 2007) as part of a development at No.10 & 12 Dundas Street.

 

Responsibilities regarding maintenance and repair of the Right of Carriageway are set out in the terms of the Right of Carriageway and also within a Positive Covenant created over all of the affected properties (including the subject property). It is noted that all costs associated with the maintenance and repair of the Right of Carriageway are to be borne equally by the owners at No.10-18 Dundas Street.

 

Any repair or damage during construction however will be borne by the applicant and has been conditioned in this report. It is likely that construction vehicles will have to access the site via the Right of Carriageway as convenient construction access is not possible via Dundas Street.

 

To ensure this construction access is controlled, conditions have been included requiring the submission of a construction traffic management plan prior to the issuing of a construction certificate. Conditions have also been placed in this consent ensuring the Right of Carriageway is kept clear for other users during construction works.

 

Parking Comments

Under the parking rates provided in Part B7 of Council’s DCP 2013 a minimum of 2 off-street carspace are required for the main dwelling. In addition, under the provisions of the SEPP Affordable Housing, parking is not required for the secondary dwelling hence a minimum of 2 spaces are required in total for the site.

 

The application originally proposed 4 off-street carspaces  (double of what is required) and entering and exiting some of the spaces was likely to be problematic. Amendments were requested and the amended plans now indicate only 2 spaces are proposed which achieves compliance. A turning bay is also provided to ensure vehicle can exit the site and Right of Way in a forward direction. The access and parking arrangements are satisfactory.

 

Drainage Comments

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

 

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

 

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

 

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

 

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 Dundas Street hence the above clause is applicable however it is recommended the requirement be waivered in this instance due to the likely unacceptable impacts on Council’s retaining walls and paths within the verge on Dundas Street should this condition be imposed. The condition has therefore been omitted from this report.

 

Tree Comments

There are no existing trees, covered by Part B5 (Preservation of Trees and Vegetation) in Council's DCP 2013, that will be affected by this proposal although it is noted that two trees indicated on the detail and level survey appears to have been removed.

 

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

DA01 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA02 (Revision D)

The Plan House

31/05/2016

31 May 2016

DA03 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA04 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA05 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA06 (Revision C)

The Plan House

20/05/2016

20 May 2016

DA07

The Plan House

02/03/2016

3 March 2016

DA08

The Plan House

02/03/2016

3 March 2016

DA09 (Revision D)

The Plan House

31 May 2016

31 May 2016

DA10 (Revision D)

The Plan House

31 May 2016

31 May 2016

 

BASIX Certificate No.

Dated

Received

672138S

11 October 2015

6 November 2016

A231669

31 August 2016

6 November 2016

 

Amendment of Plans & Documentation

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

 

a.     A privacy screen having a height of 1.6 m above floor level must be provided along the full northern and southern edge of the rear first floor deck. The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

3.       Prior to the issuing of a Construction Certificate, Development Consent DA/1118//2006 and stamped plans must be surrendered to Council.

 

4.       Prior to the issuing of a Construction Certificate, the construction certificate CC/246/2007 and submitted plans must be surrendered to Council.

 

5.       Prior to the issuing of an Occupation Certificate the existing dual occupancy must be converted into a single dwelling including all associated works at the sub-floor level.

 

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

6.       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

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

 

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

 

Section 94A Development Contributions

8.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $480,000 the following applicable monetary levy must be paid to Council: $4,800.

 

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

9.       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

10.     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.

 

Vehicle Access & Carpark

11.     There shall be no change in levels within the Council Right of Carriageway and the internal vehicular access and carpark area are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

Subsoil Drainage

14.     The development shall comply with the following requirements to ensure adequate management of site seepage or groundwater:

 

a)    Any Seepage 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 seepage water to drain around the excavated levels (to ensure they will not dam or slow the movement of the ground water through the development site).

 

c)    The walls of any new basement level of the building are to be waterproofed 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 waterproofing the basement levels and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

Compliance with the Building Code of Australia

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

 

      Structural Adequacy

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

 

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

 

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

 

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

·                                                                          

Construction Site Management Plan

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction;

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

·                                                          

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

 

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

·                                                                          

Demolition Work Plan

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

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

·         Date the demolition works will commence

 

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

 

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

 

 

Notes

 

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

 

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

·                                                                          

Public Utilities

25.     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.

 

26.     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

27.     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 pedestrian.

·      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.

 

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

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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

35.     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.

 

36.     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.

 

Building Encroachments

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

 

Right of Carriageway

38.     The Right of Carriageway within the adjacent Council reserve must not be used for the long term parking of vehicles during construction and must be kept clear at all times in accordance with the terms of the Right of Carriageway. Any required temporary parking within the Right of Carriageway (eg for deliveries, etc) must be kept to a minimum and shall be undertaken within the site as far as practical.

 

Road Opening Permit

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Council’s Infrastructure, Vehicular Crossings, street verge

42.     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 Right of Carriageway 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.

 

43.     The applicant must meet the full cost for Council or council aooroved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip and concrete driveway within the Right of Carriageway etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from council’s Roadway and driveway.

 

44.     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.

 

Stormwater Drainage

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

 

OPERATIONAL CONDITIONS

 

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

 

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

 

Use of premises

46.     The premises must only be used as a single residential dwelling and secondary dwelling.

 

External Lighting

47.     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.

 

Air Conditioners

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

 

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

 

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

 

Rainwater Tanks

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

 

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

 

·     before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

·                                                          

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

 

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

 

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

 

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

 


Planning Committee                                                                                          6 December 2016

 

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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

 

 

 

 


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

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

Included under separate cover

 

 


DA Compliance Report -  32-34 Perouse Road, RANDWICK

Attachment 2

 

 

 

 

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