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DA COMPLIANCE REPORTS

 

 

 

 

Planning Committee Meeting

TUESDAY, 6 December, 2016

 

 

 

 

 

 


PLANNING COMMITTEE MEETING                                                                                  6 DECEMBER 2016

 

 

TABLE OF CONTENTS

 

 

Development Application Reports

 

 

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

Attachment 1: DA Compliance Report - 236 Alison Road, Randwick...................... 3

 

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

Attachment 1: DA Compliance Report - 25 Hume Street, CHIFLEY ..................... 46

 

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

Attachment 1: DA Compliance Report - 36 Bonna-Vista Avenue, Maroubra.......... 91

 

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

Attachment 1: DA Compliance Report - 51-53 Garrett Street, MAROUBRA ......... 145

 

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

Attachment 1: DA Compliance Report -  155 Malabar Road, SOUTH COOGEE  .... 168

 

 

 

 

 


DA Compliance Report - 236 Alison Road, Randwick

Attachment 1

 

 

 

 

Development Application Compliance Report

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Folder /DA No:

DA/120/2016

PROPERTY:     

 

236 Alison Road, RANDWICK  NSW  2031

Proposal:

Alterations and rear two storey addition to the existing boarding house to accommodate 4 additional boarding rooms and new motorcycle parking area fronting Alison Road.

Recommendation:

Approval

 

1.       Relevant Environment Planning Instruments

 

1.1.     State Environmental Planning Policy 55 – Remediation of Land

 

State Environmental Planning Policy No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

The subject site has been continuously used for residential purposes since before 1943, as evidenced by aerial photography and application history. The site has not been used for any potentially contaminating land use. Accordingly, no contamination report is required in this instance.

 

1.2.     State Environmental Planning Policy (Affordable Rental Housing) 2009

 

The subject application is made pursuant to the SEPP (Affordable Rental Housing) 2009 and requires assessment under Division 3 of this policy. The following table contains relevant provisions and assessment of the proposal against each.

 

Clause

Comment

Complies

Division 3 Boarding houses

26 Land to which Division applies

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones:

Zone R3 Medium Density Residential,

The subject site is zoned R3 Medium Density Residential and the Division is therefore applicable.

Yes

27 Development to which Division applies

(1) This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

The development application seeks approval for a boarding house on land to which the Division applies i.e. land zoned R3.

Yes

29 Standards that cannot be used to refuse consent

(1)  A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than:

 

 

(a) if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:

Residential flat buildings are permitted in the R3 zone and the existing maximum floor space ratio is 0.9:1. The application cannot be refused on the basis of density and scale provided the FSR does not exceed 1.4:1. The proposal has an FSR of 0.92:1.

Yes

(i)  0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or

(2)  A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 

 

(a) building height
if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,

The maximum building height permitted on the site under the Randwick LEP 2012 is 12m. The proposal has a maximum building height of 6.4m.

Yes

(b) landscaped area
if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,

Front setback areas in the streetscape are typically shallow and comprise a combination of paving and landscaping. The front setback area of the subject site is at present covered with concrete and will remain this way. The original proposal sought to provide motorbike parking in this location however this has since been deleted as it was deemed unsuitable by Councils Development Engineering Branch.

Yes

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

The communal room proposed is situated at the northern end of the addition, will have northern aspect and as such will receive the required degree of sunlight.

Yes

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

 

 

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

The private open space area provided is approximately 6m x 10m and satisfies the minimum area requirement

Yes

(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,

No accommodation for boarding house manager provided.

N/A

(e) parking
if:

 

 

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

The site is within an accessible area and comprises four additional boarding rooms. Based on the threshold requirement contained in the SEPP, the application cannot be refused on the basis of parking if at least 0.8 parking spaces are provided (or 1 space when rounded up to the nearest whole number).

No car parking is proposed to be provided on site. Council’s development engineers have raised no objection to this aspect of the development and the shortfall is considered appropriate given the accessibility of the site.

Detailed discussion provided at section 4.5 of the associated Council report.

No

(f) 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

The applicant has indicated that each of the proposed boarding rooms are intended for a single occupant.

Each room is at least 12m2 with the exception of the northernmost boarding room on level 1 which is approximately 11.2m2.

Although non-compliant with numeric standard, plans show furniture layouts that demonstrate that the space can accommodate a double bed and wardrobe.

The adjacent bathroom could be deleted to improve the room dimensions however the benefits associated with the bathroom are considered to outweigh the shortcomings of a marginally undersized room.

Detailed discussion provided at section 4.6 of the associated Council report.

No

(ii) 16 square metres in any other case.

 

N/A

(3)  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.

Common kitchen, laundry and bathroom facilities are proposed.

Yes

30 Standards for boarding houses

(1)  A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:

 

 

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

The communal room marked on the plans contains a kitchen and is configured so as to be capable of accommodating a dining table and chairs.

Yes

(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,

None of the additional boarding rooms have a GFA of greater than 25m2.

Yes

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

Each boarding room proposed is for a single lodger only, as stated in the SEE.

Yes

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

The proposed boarding house contains communal bathroom and kitchen facilities. In addition, each of the existing boarding rooms will be retrofitted with a kitchenette.

Yes

(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 SEE states that the existing boarding house is licenced to accommodate 12 boarders and the proposed boarding house will have a capacity of 15 lodgers. Therefore an on-site boarding house manager is not required in this instance.

N/A

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

The additional boarding rooms will trigger the need for 1 bicycle space and 1 motorcycle space. The original proposal provided a motorcycle parking space in the front setback area however this has since been deleted as motorbike parking in this location was not supported by Council’s Development Engineering Branch.

Detailed discussion provided at section 4.1 of the associated Council report.

No

(2)  Subclause (1) does not apply to development for the purposes of minor alterations or additions to an existing boarding house.

The proposal is for significant alterations and additions to an existing boarding house and therefore subclause (1) applies.

N/A

30A Character of the local area

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

The area is characterised by a mix of semi-detached dwellings, residential flat buildings and single dwelling houses.

Allotments on the northern side of Alison Road between Lingard and Dutruc Streets are relatively narrow and therefore development in the locality is typically elongated, in some cases extending deep into the block.

The proposal involves an addition at the rear and therefore will have no notable impact on the Alison Road streetscape.

The proposed addition is considered to be relatively modest, although it will project beyond the rear alignment of the neighbouring dwelling.

The proposed rear alignment is consistent with the rear alignment of other development in the block (e.g. Nos. 212 and 214) and is compatible with the likely building envelope of future development, given the R3 zoning that applies to land in the locality.

The proposal has a rear setback of 10m and comfortably satisfies the rear setback requirement for medium density residential development, which in the case of a residential flat building or multi dwelling housing would be 6.9m (being 15% of the lot depth) and in the case of an attached dwelling would be 8m. The proposal also satisfies the rear setback requirement of low density residential development which is 8m.

Further discussion is provided in relation to character assessment at section 4.1 of the Executive Summary Report.

Yes

 

1.3.     Randwick Local Environmental Plan 2012

 

The subject site is zoned R3 Medium Density Residential under Randwick LEP 2012. The proposal development is characterised as a boarding house and is permissible in the zone.

 

Clause

Comment

Complies

Part 2 Permitted or Prohibited Development

Objectives of the zone

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

The boarding house will contribute to the provision of accommodation in a medium density residential context.

Yes

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

The proposal is for a boarding house comprising a number of boarding rooms which will supplement the existing variety of housing types in the locality.

Yes

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

The proposal is not inconsistent with the zone objective.

Yes

·      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.

The proposed addition is situated at the rear of the existing premises and will therefore have negligible impact on streetscape. The proposed built form is consistent with the nature and scale of development that could be reasonably anticipated to occur in Zone R3.

Yes

·      To protect the amenity of residents.

The assessment demonstrates that the proposal will have no significant impact on the amenity of residents in terms of visual and acoustic privacy and overshadowing.

Yes

·      To encourage housing affordability.

Boarding houses are traditionally a more affordable form of residential accommodation.

Yes

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

The development proposal relates to an existing boarding house.

N/A

Part 4 Principal Development Standards

4.3 Height of buildings

(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map

The height of buildings map indicates that maximum building height on the subject site is 12m. The proposed building height is 6.4m.

Yes

4.4 Floor space ratio

(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map

The floor space ratio map indicates the maximum floor space ratio for the subject site is 0.9:1. The proposed floor space ratio is 0.92:1.

Clause 29 of the ARH SEPP states that the consent authority must not refuse consent to development on the grounds of density and scale if the FSR is not more than the existing maximum FSR for any form of residential accommodation permitted on the land plus 0.5:1 if the maximum FSR permitted is less than 2.5:1.

Accordingly, the application cannot be refused on the grounds of density and scale as the proposal does not exceed an FSR of 1.4:1.

Yes (pursuant to ARH SEPP)

5.9 Preservation of trees and vegetation

(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

(a) development consent

The proposed development involves extending the existing building into the rear yard and within proximity of a London Plane Tree, which straddles the boundary of the subject site and the neighbouring site at 234 Alison Road and is therefore in joint ownership. The site plan submitted with the development application indicates that the tree is within 900mm of proposed building work. The section suggests that excavation to a depth of 1.4 is proposed in this location.

An arboricultural assessment report prepared by Jacksons Nature Works was submitted with the development application to address the impact of the proposal on the London Plane Tree and make recommendations regarding necessary tree protection measures. The arboricultural assessment report documented the findings of a root investigation undertaken by the arborist.

Councils Landscape Assessment officer advised that despite the findings of the arboricultural assessment report, there remained major concerns regarding the depth of proposed excavation which is twice the depth of trenching carried out by the arborist for the root investigation. The Officer recommended that the proposal be amended by relocating the ground level bathroom to minimise incursion into the structural root zone.

A condition of consent has been imposed accordingly. The condition requires that the bathroom on the ground floor be relocated to within the space identified on the plans as a bedroom, and that the communal living room be expanded such that the area complies with the numeric requirement stated in the Randwick DCP, being 20m2.

For further discussion refer to Section 4.2 of the associated Council Report.

Yes

5.10 Heritage conservation

(5)  Heritage assessment
The consent authority may, before granting consent to any development:

The subject site is on land within the vicinity of a number of heritage items and a heritage conservation area and therefore has been referred to Council’s Heritage Planner for comment. 

That referral indicates that the proposed alterations and additions will have limited but acceptable impact on the setting of the subject boarding house and the adjoining heritage items.

The heritage referral concludes that the development is supported in relation to heritage matters and recommends conditions relating to materials and finishes.

 

 

Yes

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

6.2 Earthworks

(2)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the land,

(c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

A minor degree of cut will be required to allow for the construction of the proposed addition. The depth and extent of cut is not substantial or unreasonable in the circumstances and is not likely to adversely disrupt drainage patterns or compromise soil stability in the area.

It is recommended that conditions of consent be imposed in relation to sediment and erosion controls to ensure excavation and site preparation works are appropriately managed. It is also recommended that a condition be imposed in requiring the preparation of waste management plan to address disposal of excavated material.

Yes

6.4 Stormwater management

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

The application has been referred to Council’s Development Engineer who has raised no specific issue in relation to stormwater management.

A condition of consent will require that roof water is captured and directed to existing drainage infrastructure, which is presently discharged to the street.

Yes

(a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and

(b) includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and

(c) avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

 

2.         Relevant Development Control Plans

 

2.1.     Randwick Development Control Plan 2013

 

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

 

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

 

Clause

Comment

Complies

Part C4 – Boarding Houses

2. Building Design

2.1 Boarding Rooms

 

 

(i)  Orientate to receive the maximum amount of sunlight;

The boarding rooms are oriented to the north and east and therefore will receive sufficient solar access. Boarding room location / configuration is constrained as the structure is built to the western boundary.

Yes

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

Each boarding room has a window opening to the north or east and this allows natural light and ventilation into the space.

Yes

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

No private open space is provided.

N/A

2.2 Outdoor communal open space

 

 

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

The rear yard provides a sufficient area of communal open space which satisfies the numeric requirements of the DCP.

Yes

(ii) Provide at ground or podium level in the form of a courtyard or terrace area, accessible to all residents;

The outdoor communal open space is provided at ground level and is accessible to all occupants.

Yes

(iii) Locate and orientate to maximise solar access;

The proposed area of outdoor communal open space is situated to the rear (northern end) of the subject site, therefore optimising solar access.

Yes

(iv)   Incorporate both hard and soft landscaped areas;

Communal open space comprises soft landscaped areas. An outdoor covered area is indicated on the plan and can be carried out as exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes).

Yes

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

The plans show a roofed outdoor communal area in the rear yard which has sufficient space to accommodate seating, bbq and the like.

Yes

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

As above

Yes

2.3 Indoor communal living areas

 

 

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

The proposal provides a communal living room with dimensions of 3.6m x 3.4m and total area of 12.2m2. The communal room is therefore non-compliant with numeric requirements.

A condition of consent will require the reconfiguration of the ground floor to resolve tree impact issues and will also bring the communal living room area into alignment with this requirement.

 Yes – subject to condition of consent

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

The communal room has a northerly aspect and will receive the required degree of solar access.

Yes

2.4 Communal kitchen, bathroom and laundry facilities

 

 

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

A communal kitchen is provided within the living room at the northern end of the proposed addition. This will be readily accessible for boarders within the proposed addition. Existing boarding rooms will be retrofitted with kitchenettes and therefore will also have ready access to kitchen facilities.

Bathrooms are provided throughout the boarding house, including one on the ground floor adjacent to the communal living room and three on the upper level.

Laundry facilities are proposed at the ground level adjacent to the central entry to the boarding house. Again, this facility will be readily accessible to boarders.

Yes

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

Communal laundry room is situated adjacent to side boundary. In this location, the laundry room will have no unreasonable impact on boarding rooms. The laundry room is adjacent to private open space areas of adjoining properties. These spaces are not noise sensitive and therefore will not be adversely affected by the proposed laundry room.

Yes

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

Clothesline not shown on plans however there is ample space in rear yard for such facilities.

Yes

2.5 Safety and crime prevention

 

 

(i)  Locate building entry points and internal entries to living areas where they are clearly visible from common spaces;

Entry to proposed boarding rooms will be visible from the proposed communal room.

Yes

(ii) Locate a habitable living area (such as lounge room, kitchen, dining or bedroom) to allow general observation of the street and communal open space;

Communal room is adjacent to communal open space and will permit passive surveillance of this space.

Yes

(iii) Separate ground level private open space from public and common areas by measures such as open fencing or low level plants; and

No ground level private open space is proposed.

N/A

(iv)   Select trees and low-lying shrubs that do not interfere with sight lines nor provide opportunities for concealment or entrapment.

No landscaping is proposed.

N/A

2.6 Visual and acoustic privacy

 

 

(i)  Indicative locations of facilities and appliances for bathrooms, kitchens and laundries must be clearly shown on the DA plans/drawings;

Complies

Yes

(ii) Locate kitchen, dining room, lounge room and outdoor open space adjacent to or directly accessible from each other;

Communal room is directly adjacent outdoor open space and thus complies with this requirement.

Yes

(iii) Locate similar uses (such as bedrooms or bathrooms) back to back, to minimise internal noise transmission;

Noise transmission between spaces is not likely to be a significant issue based on proposed configuration.

Yes

(iv)   Provide screen fencing, plantings and acoustic barriers where practicable to screen noise and reduce visual impacts;

No such screening or acoustic barriers are proposed. Acoustic report recommends standard glazing to common room window.

Yes

(v) Where possible locate the main entry point at the front of the site, away from the side boundary and adjoining properties;

Entry on side boundary and will not be visible from the street however this is as per the existing arrangement and therefore acceptable.

No

(vi)   Locate communal open space, balconies and windows to bedrooms or communal areas, to minimise overlooking, privacy and acoustic impacts on adjoining properties;

Communal open space is retained in rear yard and no privacy impacts are anticipated as a result of this space. Bedroom windows are appropriately oriented or have fixed obscure glazing and therefore have no privacy impact.

Yes

(vii)  An acoustic report prepared by a suitably qualified acoustic consultant must be submitted for new development or conversions/intensifications with an increase in resident numbers. The report must:

A Noise Impact Assessment prepared by Acoustic Logic has been submitted with the application. The Assessment report has been referred to Council’s Environmental Health Officer who has indicated that the proposal is acceptable subject to imposition of suitable conditions.

Yes

3. Management Plan

(i)  Submit a Management Plan with all DAs for new and existing boarding houses, that addresses the general requirements outlined in the Management Plan section in Part B, and the following specific requirements:

A Plan of Management has been submitted with the development application.

Yes

(a) Criteria and process for choosing residents. Preference should be given to people on low and moderate incomes;

Yes

 

(b) A schedule detailing minimum furnishings for boarding rooms, provision of facilities and appliances for kitchens, bathrooms and laundry rooms and maximum occupancy of each room;

Yes

 

(c) House rules, covering issues such as lodger behaviour, visitor and party policies, activities and noise control, use and operation hours of common areas (e.g. communal open space and living rooms) and policies for regulating smoking and consumption of alcohol and illicit drugs;

Yes

 

(d) Professional cleaning and vermin control arrangements for at minimum, the shared facilities, such as kitchens and bathrooms;

Yes

 

(e) Public notice and signs, including:

-       A sign showing the name and contact number of the manager/caretaker, placed near the front entry and in a visible position to the public;

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

-       Internal signage prominently displayed in 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.

Condition of consent to be imposed.

Yes

(ii) The manager/caretaker must maintain an up-to-date accommodation register with information on residents’ details, length of stay, etc. and provide to Council officers upon request.

Condition of consent to be imposed.

Yes

 

3.       79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

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

Proposal is permissible with consent and satisfies the aims and objectives of the ARH SEPP and Randwick LEP. Detailed consideration of these instruments is provided at Section 1 of this compliance report.

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

N/A

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

The proposal is generally consistent with the provisions of the Randwick DCP. Detailed consideration of the Plan is provided at Section 2 of this compliance report.

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

N/A

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

The relevant clauses of the Regulations have been satisfied.

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

The likely impacts of the development have been discussed throughout this compliance report and also within the associated council executive summary report.

The proposal will enhance the quantum of more affordable housing stock in an accessible area and is therefore considered to have positive social impacts.

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

 

Addressed under the heading of ‘submissions’ in the associated Council Report. 

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

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

 

4.        Referral Comments

 

4.1.     Building surveyor

 

The application was referred to Council’s Senior Building Surveyor for advice regarding BCA compliance. The referral advice states that the building will require extensive fire safety measures to generally satisfy BCA requirements. Conditions of consent relating to fire safety and accessibility upgrades are recommended accordingly.

 

Further correspondence was received by Council’s Senior Building Surveyor in relation to the accessibility requirements of the proposal. The advice stated as follows:

 

“I have completed a report in April this year (DO2613787) that recommended a condition relating to access for people with disabilities if it is considered  appropriate to approve the application:-

 

7.       Access and/or facilities for people with disabilities must be provided to all new building work in accordance with any relevant provisions of the Building Code of Australia Disability (Access to Premises – Buildings) Standards 201, to the satisfaction of the Certifying Authority.

 

It is apparent that it would create a “justifiable hardship” to meet that requirement to the developer in this instance. I have concluded that although compliance with the Premises Code would not be possible, certain measures may be made to improve the levels of access and facilities to the premises.

 

Therefore, it may be prudent to remove the recommended condition numbered 7 in my Memorandum and include the following conditions under the Access & Facilities heading of that Memo to the following:-

 

7.       Provide strategically located hand rails in the toilet/shower facility proposed at ground floor level, that may be redesigned, to assist people with an ambulant disability to utilise the convenience of the shower and toilet, to the satisfaction of the Certifying Authority;

 

8.       Install Tactile Ground Surface Indicators to guide people with vision impairment to the proposed rear new section of the premises safely and to the external steps in the path of travel, to the satisfaction of the Certifying Authority.

 

Accordingly, the conditions recommended in the initial referral advice, adjusted as per the most recent correspondence from the Council’s Senior Building Surveyor, will be included in the suite of recommended conditions of consent.

 

4.2.     Development engineer

 

The application was referred to Council’s Development Engineer for advice regarding traffic and parking, waste management and tree management. The referral advice stated the following:

 

“Parking Comments

 

It is noted that due to site constraints that off-street parking is currently not provided for the site and with a total of 3 additional boarders the applicant proposes no car parking spaces.

 

The applicant however does propose an area within the small front courtyard for the parking of motorcycles/mopeds. Development Engineering does not object to the motorcycle/moped parking area.

 

Off-street motorcycle parking is usually provided in conjunction with off-street vehicular parking and thus a Council vehicular crossing has not previously been provided for motorbike only parking development. Council’s Development Engineers in this situation recommends that no vehicular crossing be constructed for the use of motorcycles/ mopeds accessing the site as it will take away on-street parking for vehicles in the area and cars may also park across the crossing as the parking area is accessed from the side pathway and not directly from the site frontage.

 

Considering Development Engineering would not support the construction of a vehicular crossing to provide access for the motorcycles/mopeds from Alison Road we would therefore no object to the deletion of the motorcycle/moped parking in the front courtyard. Alternatively if could be allocated as push bike parking.

 

Waste Management Comments

 

Council’s ‘Waste Management Guidelines for Proposed Developments’ specify a waste generation rate for boarding houses of 9L/occupant/day for normal garbage and 3L/occupant per day for recycling.

 

Waste generation is therefore calculated as follows

 

Normal Garbage (weekly collection)

Amount = 9 x 15 x 7 = 945L

Number of bins = 945/240 (standard MGB)= 3.9 = say 4 bins

 

Recyclables (fortnightly collection)

Amount = 3 x 15 x 14 = 630L

Number of bins = 630/240 = 2.6 = say 3 bins

 

Green Waste (fortnightly collection)

As some landscaped areas are proposed a minimum of 1 x 240L bins for green waste shall also be provided

 

Total Bins Required            = 4 (garbage) + 3(recycling) + 1(green waste)

                              = 8 x 240L Bins

 

The submitted plans do not show a waste bin storage area however Development Engineering has included a condition which requires this prior to the issuing of a Construction Certificate.

 

Landscape Comments

 

On Council’s Alison Road verge, in line with the side access path/eastern site boundary, there is a mature, 6m tall Gleditsia triacanthos ‘Sunburst’ (Honey Locust) of good health and condition, which is covered by the DCP, and is part of a formal strategy of this species in this section that contributes to the streetscape, so must be retained.

 

Despite no external works being proposed, excavations will be performed within the front setback for the new motorcycle parking area, with the path along the eastern side boundary being the only access to the rear yard, and as this is also in line with the tree, protection conditions and a bond need to be imposed, and have been included in this report. If clearance pruning is required, this can only be performed by Council, wholly at the applicant’s cost.

 

Still on the verge, the other similarly sized Gleditsia to its west, uphill, was already observed to be leaning to the south, towards/over the roadway, but as it is sited well clear of the site and works, should not be directly affected, with conditions not required.

 

An inspection of the rear setback revealed that about halfway between the rear of the subject dwelling and the rear site boundary, there is a mature Platanus x hybrida (London Plane Tree) of good health and condition, which is covered by the DCP.

 

It is approximately 12 metres in height, and despite the clearance pruning of all lower growing branches (crown lifting), its upper eastern aspect still overhangs across almost the full width of the subject site.

 

Despite growing on the western side of the existing dividing fence, giving the impression it is located wholly on the neighbouring property at no.234, the submitted survey actually confirms that its trunk is growing right on the common boundary between both properties, meaning that legally, joint ownership applies to this tree.

 

It is recognized as an established landscape feature of the site/s as it contributes to environmental amenity, and may also assist with partial screening for several other properties in the area during the warmer months when in foliage.

 

The tree has only been shown on the Site Plan, not on any of the Architectural Plans; however, the assessing officer has confirmed that the northwest corner of the building will finish a distance of only 900mm from its trunk, which encroaches into its 6.2m TPZ, and will also result in a major encroachment of its more critical 2.7m SRZ, so is clearly more than the amounts estimated in the Arborist Report, and is also well beyond what is deemed acceptable by AS4970-2009: ‘Protection of trees on development sites’.

 

Such a minimal setback from a mature tree is unacceptable and cannot be supported, and while an Arborists Report has been submitted, the photos of the trenching that was performed are inadequate and inconclusive, with this Report not even considering the most obvious and imminent threat to its preservation, which is the potential for major root damage as a direct result of excavations for footings within its SRZ.

 

Lastly, if works did proceed as shown, this tree would then be located within 2m of the building, which would automatically make it exempt from the DCP (under Part B, Section B5, Exceptions, point iii), meaning it could be removed at anytime, without needing to obtain any form consent from Council; however, it is noted that for this to occur in this particular circumstance, both property/tree owners would need to agree to this prior to physical removal from site.

 

While the resilience of this species is well known, sympathetic construction techniques such as pier and beam/cantilevered sections that will minimize the extent of root damage, are critical for ensuring its survival, and need to be imposed as conditions of consent, rather than just allowing the footprint to proceed as shown and dealing with major root damage during construction (as has been suggested by the Arborist).

 

Removal is also not an option as there appears ample space to perform a slight re-design to ensure its retention, and on this basis, and following consultations with the assessing officer/s, conditions require that the Ground Level bathroom be completely deleted from its current position at the northeast corner of the building, and be incorporated elsewhere within the bedroom or communal room.

 

Such a re-design will increase the offset by from 900mm out to about 2500mm, which will reduce the incursion of its SRZ, place the building beyond the 2m exempt clause in the DCP, and be a more sustainable, long-term outcome for the tree and future occupants, with conditions requiring these amendments included in the report.

 

The previous crown lifting means that the underside of its canopy is already held at such a height that conflict with the first floor should not result; however, conditions which allow minimal clearance pruning have still been included should the need arise during works.

 

Those other smaller trees on neighbouring private properties to the east and west, against the common boundaries, will not be affected, with the minimal pruning of a Magnolia growing on a neighbouring site to the east permitted should clearance be required, with the Ligustrum lucidum (Large Leafed Privet) located in the rear yard of the subject site, in the northeast corner, recognized as an invasive environmental weed, with conditions requiring that it be formally removed, whether affected by the works or not, so as to eliminate this weed source.”

 

In later correspondence, the Council’s Development Engineer requested that a condition be imposed in relation to ground water management and surface and roof water discharge. These conditions will be incorporated accordingly.

 

Further advice was provided by Council’s Landscape Assessment Officer in response to the additional information submitted by the applicant in relation to the impact of the development on the London Plane Tree situated in the rear yard of the subject site (refer to discussion at Section 4.2). The advice stated the following:

 

“The new Arborists Report now says that the offset from the tree will be 1800mm, and while this still encroaches significantly into both its SRZ & TPZ, it is noted that additional trenching to 450-550mm in depth confirmed an absence of any major roots in this area, which may be ok on its own.

 

However, major concerns still remain about the effect of lowering ground levels. Existing levels on the survey show 58.22 - with the Ground Floor Plan/North Elevation/Section AA all showing a FFL at RL57.20 = lowering of 1020mm. Twice the depth of the root mapping.

 

This hasn’t been discussed or considered in the Arborists Report/s, and will definitely result in major root loss that will affect the tree. Presumably, this would also require a new retaining wall to be built (closer to the tree than the actual footprint), to support the difference in levels that will be created.

 

Deeper trenching won’t solve anything as if it is approved as it stands, everything in this area will be severed & lost anyway, there’s no way around it.”

 

As per the advice of the Landscape Assessment Officer, it is recommended that a condition of consent will be imposed requiring the reconfiguration of the ground floor to achieve a suitable buffer between proposed development works and the tree in question. Similarly, a condition of consent will require the provision of a waste storage area as per the recommendations of Council’s Development Engineer.

 

4.3.     Environmental health officer

 

Council’s DCP requires the submission of an acoustic report in relation to proposed boarding house development. The acoustic report submitted with the development application (and later updated to account for amendments to the plan) was referred to Council’s environmental health officer for advice and the following comments were provided:

 

“Acoustic Amenity

 

Proposed boarding house with accommodation for 11 boarder rooms, communal room, outdoor common area and associated facilities.

 

An acoustic report was submitted to Council prepared by Acoustic Logic titled “ 236 Alison Road, Randwick Noise Impact Assessment”   dated 20th July 2016 project doc ref: 20160031.1 includes recommendations to address noise from operational use and recommended measures for ensuring noise criteria is complied with for the operation of the premises.

 

An amended acoustic report was received dated 17/08/2016 prepared by Acoustic Logic doc ref: 20160031.1/1708A/R4/RL was submitted addressing potential maximum useage of indoor and outdoor common areas for 15 persons respectively catering for some bedrooms having 2 occupants.

 

Mechanical plant selection and design is required to be assessed by the acoustic consultant and appropriate conditions have been provided.

 

The use and the operation of the boarding house accommodation has the potential to create offensive noise and the patrons behaviours may impact on the other users of the boarding house and/or the neighbouring residential properties. As a result a plan of management has been required to be submitted to Council prior to an occupation certificate to minimise potential disturbance.

 

The use and operation of the boarding house shall be in accordance with the Plan of Management (PoM) submitted to Council with the Development Application. The implementation of the PoM may assist in minimising disturbances and anti-social behaviour.

 

The use of the outdoor common area is proposed to be restricted by times of permitted use.

 

The potential for noise nuisance has been considered and appropriate conditions have been included in this referral.

 

Environmental Pollution

 

Standard conditions in relation to pollution control have been included in the following referral to ensure compliance with relevant legislation and guidelines.

 

Standard conditions in relation to pollution control have been included in the following referral to ensure compliance with relevant legislation and guidelines.”

 

The advice of Council’s Environmental Health Officer in relation to boarding house management, noise mitigation and acoustic performance will be addressed in a series of recommended operational conditions.

 

4.4.     Heritage planner

 

The subject site is adjacent to a series of heritage items and is also adjacent to a heritage conservation area. As such, the application was referred to a heritage consultant for advice and the following comments were provided:

 

“Heritage Status and Significance

The subject site at 236 Alison Road is not listed as a Heritage Item under Schedule 5 of the Randwick Local Environmental Plan 2012 (the LEP); however, adjoins two Heritage Items including the ‘Freestanding Victorian house’ at 238-242 Alison Road (I262) at the corner of Dutruc Street, and the ‘Sandstone cottage and terraced pair’ at 60B, 62-64 Dutruc Street (I363) as defined under the LEP. Both of these heritage items are also located within the southeast end of the St Marks Heritage Conservation Area.

 

Comments

The proposed alterations and additions have been assessed in relation to their likely impacts on the identified heritage significance and settings of the adjoining two heritage items noted above. The inventory forms for the subject heritage items provide limited information on their heritage values essentially noting their description as below:

 

238-242 Alsion Road:

Large Italianate, two storey house, c. 1880. Has suffered some loss of detail including some mouldings and lacework. Generally though quite good and certainly redeemable. Balcony and verandah on front and eastern sides. Asymmetrical featuring large bay window with its own roof. Stained glass in and around doors, possibly original. Palisade fence.

 

60B Dutruc Street:

Mid Victorian house, c. 1865. Fully restored but spoiled by sandstocking. Gabled corrugated iron roof with bullnosed verandah. Flat iron posts with lace brackets and fringes. Verandah floor reboarded. Original style palisade fence with entry for car in front. Set back with semi. Good planting.

 

62-64 Dutruc Street:

Good pair of Victorian terraces, c. 1880. Recently restored. Inauthentic alterations are roof to No. 64 shape and material should match No. 62), dormer to No. 62 and skylights to No. 64. Remainder good. Elaborate mouldings and lacework retained or restored (fringes to No. 64 out of scale, No. 62 is more elegant). No. 64 has verandah balustrade plus shutters to upstairs French doors (probably neither is original). Both retain excellent palisade fences. Good but room for improvement.

 

With the exception of the sandstone cottage the other two group of terrace houses are of twostorey substantial buildings with primary views and setting from the approaches of Alison Road and Dutruc Street. Therefore, main consideration will need to be given to the proposed two-storey rear addition to the existing boarding house. Other changes are located within the existing structure and to the ground floor therefore will have no impact on the settings of the heritage items.

 

The SEE addresses the heritage impact under Clause 5.10 of the LEP and notes that “the development will clearly have negligible impact on the heritage setting of the sandstone cottage and terraced pair in Dutruc Street and their contribution to the St Marks HCA. Furthermore, the proposed alterations and additions to the rear of the existing building will be only obtusely visible from Alison Road. As such, the impact on the heritage setting of this dwelling as viewed from the surrounding public domain will be negligible. Whilst the proposed rear additions will extend the existing building in relation to the rear yard areas of that dwelling, given the north-south orientation of the subject site and the overall height commensurate with that development, the proposed additions will provide for an acceptable built interface…”

 

Given consideration to the existing setting and identified heritage values of the adjoining heritage items as well as the relatively limited relationship between the proposed rear addition and the heritage items through the rear yards, the assessment of the SEE in relation to heritage matters is concurred. The proposed alterations and additions will have limited but acceptable impact to the settings of the subject boarding house and the adjoining heritage items.

 

Conclusions and Recommendation

The proposed development for the reasons explained above is supported in relation to the heritage matters.”

 

The heritage planner recommends imposing a condition stating that colours, materials and finishes of the external surfaces to the new addition are to be compatible with the existing building and heritage items adjoining. The condition would also require that a samples board or colour schedule be submit to and approved by the Manager City Planning prior to the issue of a construction certificate.

 

5.       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 Name

Plan Ref

Drawn By

Dated

Site Plan

A-01

John Spiteri Design and Drafting

17/06/16

Ground Floor / Level 1 Plan

A-02

John Spiteri Design and Drafting

17/06/16

East and West Elevations

A-03

John Spiteri Design and Drafting

17/06/16

North and South Elevations / Section AA

A-04

John Spiteri Design and Drafting

17/06/16

 

Amendment of Plans & Documentation

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

 

a.       The bathroom shown at the northern end of the ground floor addition is to be deleted and relocated to within the space presently identified on the plan as a bedroom. To avoid confusion, relocation of the bathroom will preclude provision of a bedroom in this location and therefore the bedroom must also be deleted.

 

b.       The adjacent communal room shall subsequently be expanded to occupy a portion of the former bedroom and hallway such that this space satisfies the numeric controls of Council’s Development Control Plan, being an area of at least 20m2 with minimum dimension of 3m. To avoid confusion, this condition does not permit expansion of the communal room beyond the approved building envelope.

 

c.       An area for the storage of 1 bicycle shall be provided within the reconfigured communal room in a location that will not compromise the functionality of communal facilities and will allow for safe and convenient bicycle storage.

 

d.       A waste bin storage area shall be provided in the rear yard of the site in a location that will enable the safe and convenient relocation of bins to the street for collection and will not impact the amenity of neighbouring residents or residents of the development. The bin storage area is to be configured to cater for 8 x 240 litre bins (4 x waste, 3 x recycling & 1 x green waste)

 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces to the new additions are to be compatible with the existing building and the heritage items in the adjoining sites. 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 Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

5.       The exposed western elevation situated on the common boundary shall be finished with an appropriate combination of materials with varied textures and finishes which serve to ameliorate the visual bulk of this elevation and achieves an aesthetically pleasing appearance. The proposed materials shall be included with the schedule of materials and finishes or sample board prepared to satisfy Condition 4.

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $275,000.00 the following applicable monetary levy must be paid to Council: $2,750.00.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

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

9.       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.

 

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

 

11.     The existing levels of fire and safety within the building are to be upgraded to provide improved levels of fire and occupant safety in the building. The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA):

 

(a)      Provide a self-closing tight-fitting solid-core timber door to the entry of  each sole-occupancy unit in accordance with clause C3.11 of the BCA.

 

(b)      Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

 

(c)      Install a fully interconnected smoke detection and alarm system throughout the building in accordance with AS 1670.1 (2004) and clauses 4 & 6 of specification E2.2a of the BCA,

 

(d)      Provide emergency lighting system to the common stairway and corridor/s, in accordance with clause E4.2 & E4.4 of the BCA,

 

(e)      Provide exit signs to the entry/exit doorways in accordance with clause E4.5 & E4.7 of the BCA,

 

(f)      Provide portable fire extinguishers within the building adjacent to any electrical switchboard, in accordance with clause E1.6 of the BCA,

 

(g)      Remove the timber enclosure located below the common stairway so that it is fully open at all times. Alternatively, the enclosure must be provided with material having a -/60/60 fire resistance level (FRL) and a -/60/30 fire-door set with a self-closing device,

 

(h)      Provide a non-combustible enclosure (ie a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in corridors, exits and within stairways etc,

 

(i)       Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

(j)      The floors/ceilings separating the residential units throughout the existing building shall be upgraded to achieve reasonable levels of fire separation and sound transmission, having regard to the relevant provisions of the Building Code of Australia and details are to be submitted to and approved by Council prior to commencement of the works,

 

(k)      The main entry/exit doors are to be provided with a ‘hold-open’ device, or swing in the direction of egress, to facilitate people seeking egress from  the building in the event of an emergency,

 

 

(l)       Prior to commencing  the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

Access & Facilities

13.     Provide strategically located hand rails in the toilet/shower facility proposed at ground floor level to assist people with an ambulant disability to use the shower and toilet, to the satisfaction of the Certifying Authority.

 

14.          Install Tactile Ground Surface Indicators to guide people with vision impairment to the proposed rear new section of the premises safely and to the external steps in the path of travel, to the satisfaction of the Certifying Authority.

 

Stormwater Drainage

15.     A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant requirements of the Building Code of Australia (Volume 2);

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

d)     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises;

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

Site Seepage & Dewatering

16.     Site seepage and sub-soil drainage must comply with the following requirements:

 

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 ground floor level at the rear of the dwelling (to ensure the rear extension will not dam or slow the movement of the ground water through the development site).

 

c)    The walls of the rear extension, below ground level, are to be waterproofed to restrict the entry of any seepage water and subsoil drainage into this level 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.

 

Details of the proposed stormwater drainage system including 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.

 

Street Tree Protection Measures

17.     In order to ensure retention of the Gleditsia triacanthos ‘Sunburst’ (Honey Locust) located on the Alison Road verge, near the eastern site boundary in good health, the following measures are to be undertaken:

 

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

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be setback a minimum distance of 2 metres from its trunk so as to minimise root damage.

 

c.       Prior to the commencement of any site works, its trunk must be physically protected by wrapping layers of geo-textile, underfelt or layers of Hessian, from ground level to a height of 2m above ground level, to which, lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed around its circumference, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

 

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

 

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

 

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

 

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

      

h.       A refundable deposit in the form of cash, credit card or for an amount of $1,250.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

The refundable deposit will be eligible for refund following the issue of an Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of an Occupation Certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

Tree Protection Measures

18.     In order to also ensure retention of the Platanus x hybrid (Plane Tree) located in the rear setback, right on the common boundary between the subject site and the adjoining private property at no.234, in good health, the following measures are to be undertaken:

 

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

 

b.       The Construction Certificate plans must demonstrate compliance with the requirements of Condition 2.

 

c.       This must result in a minimum offset of 2500mm being provided between the eastern wall of the building and the outside edge of its trunk, measured horizontally, at a height of 1 metre above ground level.

 

d.       No other physical part of the building; being eave, gutter, fascia, awning, post or similar can encroach within a minimum distance of 2 metres, measured horizontally off the outside edge of its trunk, at a height of 1 metre above ground level, with measurements confirming compliance to be shown on all plans.

 

e.       The external access stairs linking the rear extension and rear yard must comprise a lightweight, timber construction only, that is supported on localized pad footings, and must not require a concrete slab on ground or continuous strip footings, with relevant details confirming compliance to be provided.

 

f.       All initial excavations for footings for the Ground Floor or external stairs as described above, within a radius of 3 metres, measured off the outside edge of its trunk at ground level, must be performed by hand, to a minimum depth of 600mm and a minimum width of 200mm, without damaging any roots in the process.

 

g.       Council’s Landscape Development Officer (9399-0613) must then be contacted, prior to forming or pouring footings, and giving at least 2 working days notice, to inspect the trenches, with the applicant to comply with any instructions issued.

 

h.       Where major roots with a diameter of 50mm or more are encountered, and Council’s officer determines they must be retained; a cantilevered, pier and beam style footing must be used so as to bridge over the affected roots and ensure their preservation.

 

i.        The Construction Certificate plans must acknowledge that the site inspection may result in the need for a flexible footing system, with a suitably qualified engineer needing to have the required design approved by the PCA, prior to installing the footings.

 

j.        Where roots with a diameter of less than 50mm are found, which are in direct conflict with the works, and permission is given for their pruning, they may be cut cleanly, only by hand (not machinery), with the affected area to be backfilled with clean site soil as soon as practically possible.

 

k.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear yard must be setback a minimum distance of 3.5m metres from its trunk at ground level.

 

l.        Any new common boundary fencing along the western site boundary, within a radius of 5 metres of its trunk, can only be a system which is supported on localised pad footings, not strip footings, with posts/footings to be positioned around so as to minimize damage. Details confirming compliance must be shown on the Construction Certificate plans.

 

m.      This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located within the subject site, a minimum distance of 2m to its south and 3m to its east and north (measured off the outside edge of its trunk at ground level), matching up with the western site boundary in order to completely enclose this tree for the duration of works.

 

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

 

o.       Ground levels within the TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planter boxes or similar to be located in this area, which must remain as undisturbed, deep soil.

 

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

 

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Inspections During Construction

27.     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

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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.

 

35.     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.

 

36.     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

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

 

Tree Management

38.     The Ligustrum lucidum (Large Leafed Privet) located in the rear yard of the subject site, in the northeast corner, as this species is recognized as an invasive environmental weed, so must be removed as part of the works so as to eliminate this weed source form the environment.

 

Pruning

39.     Permission is granted for the minimal and selective pruning of only those lower growing, lower order branches from the following trees, only where needed in order to avoid damage to them; or; interference with the approved works:

 

i)        The western aspect of the Magnolia x soulangeana (Magnolia) which is located in the rear yard of the adjoining private property to the east, 64 Dutruc Street, against the common boundary;

ii)       The southeast aspect of the Platanus hybrid (Plane Tree) that is located right on the common boundary between the subject site and the adjoining private property to the west, no.234.

 

40.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of these trees, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

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

 

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

42.     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.

 

Fire Safety Certificate Requirements

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

 

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

 

Council’s Infrastructure

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

 

45.     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 issuing an occupation certificate, 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.

 

 

Waste Management

46.     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.

 

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

 

          Tree Protection Certification

48.     Prior to the PCA issuing any type of Occupation Certificate, written certification must be obtained from Council’s Landscape Development Officer (9399-0613) confirming that the ‘Tree Protection Measures’ condition, relating specifically to the requirement for a site inspection of hand dug trenches prior to pouring footings, as well as any other instructions issued on-site, were complied with during the course of works.

 

Boarding House Registration

49.     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.

 

 

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.

 

Fire Safety Statements

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

 

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

 

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

 

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

 

Waste Management

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

 

Any trade/commercial waste materials must not be disposed in or through Council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to the Principal Certifying Authority and Council prior to commencing operation of the business.

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

 

Residential Parking Permits

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

 

53.     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.

 

External Lighting

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

 

Plant & Equipment

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

 

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

 

Air Conditioners

56.     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.

 

57.     The operation and use of the premises and all plant/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.

 

58.     No parties or amplified music is permitted in the outdoor common area.

 

59.     Outdoor common area use is permitted between: 

 

Monday through to Sunday from: 7.00am to 10.00pm only.

 

60.     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.

 

61.     The Plan of Management shall be amended in accordance with this condition and submitted to and approved by Council prior to an occupation certificate being issued. Once approved the Plan of Management shall be complied with at all times.

 

(a)    All recommendations contained in Section 6.4 of the Acoustic Report prepared by Acoustic Logic and dated 17 August 2016 shall be incorporated into the Plan of Management.

 

(b)    The manager of the boarding house accommodation must be a responsible person over the age of 18 years.

 

(c)    The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of the manager’s name and after hours contact number.

 

(d)    Clear display of fixed room identification number shall be provided for each boarding room.

 

(e)    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.

 

(f)    The maximum permitted lodgers for the boarding house is 15.

 

(g)    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.

 

(h)    The manager shall maintain a record of all residents with details of their names, length of stay & number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

(i)     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. 

 

(j)    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.

 

Environmental Amenity

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

 

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.

 

 

 


DA Compliance Report - 25 Hume Street, CHIFLEY

Attachment 1

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/574/2016

PROPERTY:     

 

25 Hume Street, CHIFLEY  NSW  2036

Proposal:

Demolition of existing structures, construction of a new 2 storey childcare centre for 35 children, outdoor play areas at the ground and first floor levels, new side boundary fence, 4 front hardstand car spaces and associated site and landscaping works.

 

Recommendation:

Approval

 

Relevant Environment Planning Instruments:

 

1.       SEPPs

 

State Environmental Planning Policy No. 55 - Remediation of Land

 

State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) applies to all land and aims to provide for a State-wide planning approach to the remediation of contaminated land. 

 

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.  The site contains an existing residential development and has been continuously used for residential purposes for a number of years, and there have been no known potentially contaminating activities undertaken on the site. No further site investigation is warranted in relation to contamination.

 

2.       Randwick LEP 2012

 

The subject site is zoned R2 Low Density under Randwick LEP 2012. The proposal development is classified as a childcare centre and is permissible in the zone. The relevant objective of the zone enables land uses other than housing which satisfy the day to day needs of residents. The intent of this objective primarily relates to local shops which can satisfy the convenience retail needs of the local residential catchment on a day to day basis. However, it could also include childcare service needs of local residents. On that basis it would be consistent with the relevant objective of the R2 zone.

 

The following Clauses of RLEP 2012 apply to the proposal:

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

Site area = 627m²

 

0:50:1

(313.5m²)

 

 

0.44:1

(280.6m²)

 

 

Yes

Height of Building (Maximum)

 

9.5m

 

6.9m

 

Yes

Randwick Comprehensive DCP 2013

 

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

 

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

 

Part D11  Child Care Centres

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning = R2

Yes

2

SITE SELECTION

 

 

 

1.         i) DAs are to address the suitability and context of the proposal including:

2.          

§ Proposed size, number of children and age breakdown for the centre.

§ The number of staff to be employed.

§ Proposed hours of operation.

§ Nature of the location and surrounding development (including proximity to residential, business, industrial uses and sex services premises etc).

§ Likely effect of the development on surrounding properties (e.g. privacy, noise, solar access, views and the means to offset these effects).

§ Likely effect of the development on the road network in the surrounding area including traffic and on street parking availability.

§ Availability of on site vehicular access and parking.

§ Proximity to public transport.

§ Proximity to existing community and children’s services.

§ Demonstrated demand for the service and identification of any special needs the centre will address.

 

ii) Where a child care centre is proposed within 300 metres of a mobile phone tower, base station, transmission line easement or other source of potentially significant electromagnetic radiation, a report by a suitably qualified consultant must be submitted with the DA, assessing the potential exposure impact on the centre and its occupants.

 

The site  is suitable for a childcare facility for the following reasons:

 

·      it is a purpose built facility in an accessible location;

·      it has convenient and safe vehicle and pedestrian access; and

·      the use and intensity can be reasonably accommodated within the residential area, subject to suitable conditions to protect surrounding amenity.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 ii)  There is no known mobile phone tower, base station, transmission line easement or other source of potentially significant electromagnetic radiation within 300m of the child care centre.

i) The site is suitable for this development subject to conditions.

 

Refer to the Key Issues in Section 5 of the Executive Summary Report.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ii) Yes

3

BUILDING DESIGN

 

 

3.1

Built form, Scale and character

 

i) For new child care centres or extensions proposed in the R2 Low Density Residential zone, the building design is to be similar to a dwelling house in terms of built form, scale, massing, roof design and articulation. Single storey buildings are encouraged for safety and access reasons.

 

ii) For all other zones or locations, the building design is to complement the desired built form, scale and character for that particular zone or location.

 

iii) Where a child care centre is proposed in a multi storey building (e.g. mixed use building) it must be located on the ground floor of the development unless it can be demonstrated that:

 

§ There are no viable alternatives for a location at ground level in the building or surrounding area.

§ With respect to a heritage item, the proposed child care centre on the ground floor would detrimentally impact on the heritage significance of the item.

§ Adequate access to play areas, solar access (particularly mid winter) and natural ventilation is available.

§ Adequate emergency access and egress is available.

§ Adequate access for pick ups/drop offs is available.

 

iv) Architectural elements which articulate the front and other facades visible from the street frontage must be incorporated into the overall building design to create visual interest.

 

v)  Avoid large expanses of blank and unarticulated walls.

i) The design is similar to the built form, mass and scale of contemporary two storey dwellings in the locality.

 

 

 

 

ii) Not Applicable

 

 

 

 

 

iii) Not Applicable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

iv) The front elevation is suitably articulated to create visual interest within the streetscape.

 

 

v) The side walls have sufficient articulation to break up the visual mass without compromising acoustic or privacy qualities of the design.

 

 

Yes

 

Refer to the Key Issues in Section 5 of the Executive Summary report.

 

 

 

 

 

 

 

 

 

 

 

 

 

3.2

Setbacks

 

i) New child care centre developments or extensions must address the setback controls for dwelling houses set out in Part C, Section C3 of this DCP or demonstrate that alternative setbacks are suitable, having regard to:

 

§ The zoning for the site and alternative setback controls in this DCP (e.g. for business centres, master plan sites or key sites); or

§ The site location and prevailing setbacks of surrounding properties.

 

 

 

ii) Increased setbacks may be required in certain circumstances having regard to privacy, solar access, to achieve reasonable view sharing with neighbouring properties and/or to provide the required amount of space for outdoor play areas.

 

 

 

iii) The front setback area may only be used for access, car parking and landscaping purposes and not for the purposes of outdoor play areas and the like.

 

 

i) The proposal has a setback of 1.2 m to the side boundaries and a rear setback of 8 m, which complies with the setback controls.

However, the building is approximately 6-8 m behind the front alignment of the dwellings houses on the adjoining properties so as to provide car parking on the site. The front setback does not comply with Part C3 of the DCP.

 

ii) The proposed setbacks are acceptable and will not result in unacceptable impacts on solar access, privacy or view loss.  Adequate play areas have been provided to cater for 35 children.

 

iii) The proposed front setback will be used for parking.

 

 

i)  Partial

 

Refer to Key Issues in Section 5 of the Executive Summary Report.

 

 

 

 

 

 

 

 

 

 

 

 

ii) Yes

 

 

 

 

 

 

 

 

 

 

iii) Yes

 

3.3

Building Material and Colours

 

3.         Controls

    

i) For child care centres proposed in residential zones, the selection of building materials, finishes and colours must have regard to the relevant controls set out in Part C, Section C3 of this DCP.

 

 

 

 

ii) For child care centres proposed within a business centre, master plan or key site, the selection of building materials, finishes and colours must have regard to the relevant controls set out in the relevant section of this DCP.

 

iii) For childcare centres proposed in special purposes or recreation zones, a range of high quality and durable materials must be used in construction which require minimal maintenance and facilitate articulation of the building form. The use of a single colour or material should be avoided.

 

 

 

i) Conditions have been included in the consent to ensure the proposed materials, finishes and colours of the external surfaces to the building are compatible with the streetscape.

 

ii)  Not Applicable

 

 

 

 

 

 

 

iii) Not Applicable

 

 

 

 

 

 

 

 

Conditioned to comply.

4

4.                                                                                          AMENITY

 

 

4.1

Acoustic Amenity and Privacy

 

i) Submit an acoustic report prepared by an accredited acoustic consultant. The report must demonstrate that:

 

§ Adequate site planning and building design measures are proposed to minimise noise impacts.

§ Noise levels generated from the child care centre, when measured over a 15 minute period at any point on the boundary of the site) will not exceed 5dBA above the background level.

§ Suitable noise attenuation measures have been incorporated into the proposal.

 

ii) Orient new buildings and extensions to minimise overlooking, overshadowing and to preserve the acoustic amenity of adjoining properties.

 

iii) Locate outdoor and indoor play areas, balconies and terraces and openable windows to minimise the direct line of sight to and from neighbouring properties.

 

iv) Locate pedestrian access ways and ramps away from neighbouring residential properties where practical.

 

v) Maximise the use of fencing, landscape buffers and window coverings to protect visual privacy and acoustic amenity for the centre and neighbouring properties.

 

i) An acoustic report has been submitted with the application.  The report demonstrates compliance with acoustic criteria, subject to a number of recommendations.

 

 

 

 

 

 

 

 

 

 

 

ii) The building is orientated to minimise overlooking; and with the implementation of recommended conditions should not unreasonably impact on the acoustic amenity of adjoining properties.

 

iii) Appropriate acoustic screen fencing is proposed along the side and rear boundaries to minimise visual and acoustical privacy that could be generated from the outdoor play areas.

 

 

iv) A secondary exit from the first floor is proposed at the rear of the building along the western boundary.  A transparent screen balustrade fence will mitigate potential privacy and noise impacts from the use of the stairwell.

 

v) The proposal maximizes the use of fencing, landscape buffers and window coverings to protect the visual privacy and acoustic amenity for the centre and neighbouring site.

 

i) Yes.

Refer to Key Issues in Section 5 of the Executive Summary Report.

 

 

 

 

 

 

 

 

 

 

 

 

 

ii) Acceptable.

Refer to Key Issues in Section 5 of the Executive Summary Report.

 

 

 

 

iii) Acceptable. Refer to Key Issues in Section 5 of the Executive Summary Report.

 

 

 

 

 

 

iv) Acceptable

 

 

 

 

 

 

 

 

 

 

v) Yes.

 

 

 

 

4.2

Safety and Security

 

i) Entry to the child care centre is to be limited to one secure point which is to be:

 

§ Appropriately located to allow ease of access.

§ Well lit and adequately sign posted.

§ Located away from areas used for vehicle access.

§ Located away from outdoor space used by children.

§ Monitored through natural or camera surveillance.

§ Limited to authorised persons only through the provision of an electronic security system such as swipe cards.

 

ii) Where a child care centre is located within a building that also accommodates other uses, a separate and clearly marked entrance for the child care centre must be provided.

 

iii) Incorporate windows on the front façade where possible to enable casual surveillance.

 

iv) Where a proposed child care centre has a direct street frontage or vehicular access onto a classified road, identify additional safety measures (e.g. secure fencing, landscaping or other measures to prevent unaccompanied children from exiting the centre).

 

The single main pedestrian entry is at the Hume Street frontage and is clearly identified on the plans. 

 

Majority of the play area is located to the rear of the site.

The area to the front of the property will be well-lit and windows and a balcony is provided to the Hume Street for monitoring of casual surveillance.

 

 

 

ii) Not Applicable

 

 

 

 

 

 

iv)      iii) Windows are provided on the front facade

 

iv) Not Applicable

 

i) Yes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

iii) Yes

 

 

 

 

 

 

 

 

 

 

 

 

4.3

Play Areas

 

i) Outdoor and indoor play areas must be clearly identified and dimensioned on the submitted DA plans.

 

 

ii) Locate outdoor and indoor play areas to the north or north eastern portion of the site where practical.

 

 

 

 

 

iii) Locate outdoor play areas away from the main entrance, car parking areas or vehicular circulation areas.

 

 

 

 

 

iv) Provide adequate separation between outdoor play areas and habitable rooms of adjoining residential properties.

 

 

 

v) Design and layout of outdoor play areas should maximise clear sight lines and ensure ease of access to the main indoor play areas.

 

 

vi) Indoor play areas must have adequate access to sunlight and natural ventilation.

 

 

 

vii) Dedicate at least 50% of outdoor play areas for unencumbered activity and use a variety of surfaces (e.g. grass, sand, hard paving, and moulding).

 

 

 

 

 

 

viii) Provide physical shading devices that are integrated into the design of the building. The material and colour of shading devices must be considered in relation to the streetscape and adjoining properties.

 

ix) Toilets should be easily accessible from both indoor and outdoor play areas.

 

 i) Outdoor and indoor play areas are dimensioned and clearly identifiable on the plans.

 

ii) The proposed play areas are located to the north of the site. This is considered acceptable and appropriate shading is provided over the play areas.

 

iii) The play area is mainly located to the rear of the site and separated from the main entrance, car parking areas or vehicular circulation areas.

 

iv) Adequate screening is proposed to the sides and rear of the boundary to minimise impacts to adjoining properties.

 

v) The outdoor play areas have clear sightlines and are easily accessible from the main indoor play areas. 

 

vi) The indoor play areas receive adequate access to sunlight and natural ventilation.

 

vii) The landscape plan submitted indicates that at least 50% of the outdoor play area is for unencumbered activity and have used a variety of surface materials such as grass, sand, soft fall surface and hard paving.

viii) Adequate sun shade structures are provided to the rear over parts of the outdoor play area. 

 

 

ix) Adequate toilet facilities are provided that is readily accessible, safe and convenient for the children.

 

i) Yes

 

 

 

 

 

ii) Yes

 

 

 

 

 

 

 

 

 

iii) Yes

 

 

 

 

 

 

 

 

 

iv) Yes

 

 

 

 

 

 

v) Yes

 

 

 

 

 

 

vi) Yes

 

 

 

vii) Yes

 

 

 

 

 

 

 

 

 

 

viii) Yes.

 

 

 

 

 

 

ix) Yes

 

Indoor Space

0-6 years old

3.25m2 per licensed child space of unencumbered space

Outdoor Space

0-6 years old

7m2 per licensed child space of useable outdoor space

35 Children

 

Required = 114m²

Proposed = 159m²

 

 

Required = 245m²

Proposed = 331m²

 

 

 

Yes

 

 

 

Yes

4.4

Landscaping

 

i) Submit a landscape plan with the DA clearly identifying the following elements:

 

§ Location of play equipment

§ Location and extent of landscape buffers

§ Proposed planting including a variety of trees and plants to create visual interest and shade for children

§ Materials and finishes of outdoor surfaces.

 

ii) Landscape design is to reflect the prevailing landscape character of the streetscape in terms of scale and planting style.

 

iii) Landscaping must be designed to minimise the visual impact of the development on the streetscape and neighbouring properties.

 

iv) A landscape buffer of no less than 1 metre must be provided in the front setback where on site car parking and drop off areas are proposed in residential zones.

 

v) A landscape buffer with suitable screening plants should be provided along the side and rear boundaries where practicable.

 

vi) Toxic, spiky or other plant species hazardous to children should not be used.

i)  Landscape plans have been provided with appropriate planting and screening for visual interest and shading for the children. 

 

ii)  The landscaping design reflects the character of the streetscape in terms of scale and planting style and has been strategically placed to minimise impact onto the neighbouring properties.

 

iii) Landscape buffers with suitable screen planting have been provided to the rear play areas of the building.

 

iv) No spiky or toxic plants are proposed.

 

v) Suitable landscape planting will be provided along the boundaries to assist in visual screening.

 

Yes

5

TRAFFIC, PARKING AND PEDESTRIAN SAFETY

 

i) Submit a Parking and Access Report with the DA, by an accredited consultant. The Report must address, but is not limited to:

 

§ prevailing traffic conditions

§ likely impact of the proposal on existing traffic flows

§ pedestrian and traffic safety

§ appropriate arrangements for safe and convenient pick up and drop off at the site.

 

ii) A reduction in car parking controls in Part B, section B7 may be considered where:

    

§ The site is located in proximity to high frequency public transport.

§ The site is co located or in proximity to other trip generators (e.g. business centres, schools, public open space, car parks).

§ There is sufficient on street parking available at appropriate times within proximity of the site.

§ The development is not likely to result in any adverse impact on the safe operation of the surrounding road network.

 

Council’s comprehensive DCP 2013 Part B7 specifies that parking be provided for childcare centres at the rate of 1 space per two staff plus 1 space per 8 children for pickup and drop of children.

 

For the proposed development consisting of 35 children and 8 staff this will require 4 spaces for staff and 4 spaces for pickup and drop off. 

 

2 spaces provided for staff and 2 cars spaces for drop-off and pick-up will be provided on the site.

 

 

 

No

 

Refer to Key Issues in Section 5 of the Executive Summary Report.

 

Vehicle Circulation and Carparking Design

 

i) On-site parking and drive through facilities must not visually dominate or detract from the streetscape character.

 

 

ii) Car parking areas and set down and pick up points, must be appropriately marked, signposted and lit to ensure pedestrian safety.

 

iii) The entry and exit of set down and pick up points should preferably be separated.

 

iv) On-site parking and vehicle manoeuvring areas are to be designed so that vehicles can safely enter and exit the site in a forward direction.

 

v) Stack parking may be considered for a maximum of 2 car spaces.

 

vi) Access driveways must not be located opposite or in the vicinity of road intersections.

 

i)    The car park will be suitably landscaped to minimise its visual impact from the street.

 

ii)   The car park design and layout has been reviewed by Council’s Development Engineer.

 

iii)   No safety concerns were raised by Council’s Development Engineer in relation to parking and manouevring.

 

iv)  Vehicles will enter and exit the site in a forward motion.

 

v)   The car park design and layout has been reviewed by Council’s Development Engineer.

Yes

 

Refer to Key Issues in Section 5 of the Executive Summary Report

 

Pedestrian Access Design

 

i) Pedestrian access must be separated from vehicular access with clearly defined paths, signage and fencing.

 

ii) Appropriate site distances and traffic calming measures may be required to ensure pedestrian safety.

 

iii) Pedestrian pathways are to be a minimum width of 1.2 metres to allow for easy circulation throughout the site.

 

i) The plans indicate that the pedestrian access is separated from vehicular access.

 

ii) Appropriate site distances and pedestrian safety is provided.

 

iii) Pedestrian pathways are a minimum of 1.2 m.

i) Yes

 

 

 

 

ii) Yes

 

 

 

 

iii) Yes

6

Hours of Operation

 

i) DAs should include supporting information demonstrating that the proposed hours of operation are compatible with adjoining land uses, and in the case of multi storey buildings, that the proposed hours of operation are compatible with the upper level uses.

 

The proposed childcare centre will operate 7.00am to 6.00pm Monday to Friday and will be shut for weekends and on public holidays. These hours are considered to be acceptable in a residential area provided other impacts of the use such as noise and traffic/parking generation are also acceptable.

 

Refer to Key Issues in Section 5 of the Executive Summary Report

7

Fences

 

i) Fencing is to be of a height and design suitable to contain noise generated by children’s activities and compatible with the building and fencing materials used in the vicinity.

 

ii) Child proof fencing and self closing gates must be installed around outdoor play areas and at the entrance to ensure the safety and security of children.

 

iii) Fencing must not obstruct sight lines between pedestrians and vehicles.

 

i) Acoustic screening and fencing have been recommended by the Acoustic consultant.  The recommendations are indicated on the amended acoustic report.

 

The front boundary will contain a 800mm high fence brick wall.

 

ii) Appropriate safety and security fencing has been proposed.  childproof gates with self-closers.

 

iii) The proposed fencing does not obstruct any sight lines between pedestrians and vehicles. 

i) Yes

 

 

 

 

 

 

 

 

ii) Yes

 

 

 

iii) Yes

Part D11 above should be read in conjunction with Part B General controls and Part C residential controls, which in this case are the low density controls relevant to the R2 zone. As the proposal is for a purpose built childcare centre, compliance with the residential controls normally applicable to dwelling houses are difficult to achieve. Notwithstanding, the proposal has been tested against the relevant general and residential controls as outlined below.

 

Part B6 Recyclng and Waste Management

 

B6

Recycling and Waste Management

4.

On-Going Operation

 

 

 

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

A waste storage area wil be provide on the western sid of the building out of view from the street but with easy access for the transfer of bins for collection by a private contractor.

Complies

 

Part B7 Transport, Traffic, Parking and Access

 

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

Car parking requirements:

 

1space per 2 staff: 8 staff require 4 spaces

1 space per 8 children: 35 children require 4.375 spaces say 4 spaces

 

The proposal requires 4 spaces for staff and 4 spaces for parent pick-up and drop equating to a total of 8 car spaces.

 

The proposal provides 4 car spaces on the site (2 for staff and 2 for pick-up and drop-off).

A 15 minute time restricted zone is proposed along the street front for pick-up and drop-off by parents. Council’s development Engineer has recommended time restricted zone be extended to accommodate two car spaces.

 

The proposal therefore provides six car spaces resulting in a short fall of 2 staff car spaces.

 

The proposal does not comply.

 

Refer to Section 5 of the Executive Summary report.

 

4.

Bicycles

 

1 bike space per 10 spaces: one space required

One bicycle rack is proposed adjacent to the main entry.

The proposal complies.

 

Part C1 Low Density Residential

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning = R2

Child care centres are permissible within the zone.

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%

Site = 627m²

 

Proposed = 45% (or 280m²)

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.

Site = 627m²

 

Proposed = 16% or 103 m²

No

 

Refer to Key Issues in Section 5 of the Executive Summary Report

3

Building envelope

3.1

Floor space ratio LEP 2012 = 0.5:1

Site area = 627m²

 

Proposed FSR = 0.44:1 (or 154.6m²)

Complies

3.2

Building height

 

 

 

Maximum overall height LEP 2012  = 9.5m

Existing = Maximum 6.9m

 

 

Complies

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

The front setback is between 6-8 m behind the alignment of adjoining properties.

 

 

 

No

 

Refer to Key Issues in Section 5 of the Executive Summary Report.

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), 1800mm above.

 

 

Frontage width = 13m

 

Minimum = 1.2m ground and first floor

 

 

 

Yes

3.3.3

Rear setbacks

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

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

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

-    protect the privacy and solar access

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

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

Minimum = 8m

 

 

Yes

4

Building design

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)

 

Parking for four cars will be provided in the front setback.

Yes

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)

As above

Yes

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

New fencing is proposed including an acoustic timber paling fence along the side and rear boundaries

 

Yes

 

3.       79C Matters for consideration

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to Section 1

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 2

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 would not result in any unreasonable amenity impacts on the surrounding area subject to conditions. 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 has sufficient area to accommodate the proposed development. Therefore, the site is considered suitable for the proposed development. Refer to Section 5.6 of the Executive Summary report.

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

 

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

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

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

 

4.       Referral Comments

 

Environmental Health

 

Council’s Environmental Health Officer raised no objection to the proposal and recommends conditions to mitigate potential noise impacts, including the recommendations in the Acoustic Assessment submitted with the application. Conditions to this effect are included in the recommended development consent.

 

Development Engineer

 

The following comments were provided by Council’s Development Engineer:

 

Traffic and parking comments

Site Characteristics

 

Development Engineering has undertaken an assessment of the site and notes the following characteristics affecting the likely traffic and parking impacts of the proposed development.

§ Due to the significant walking distance to the nearest bus-stops, the site is not considered to be in a convenient location for public transport and it is anticipated that a majority of staff and parents/carers will be arriving at the premises by motor vehicle. The nearest bus stops are as follows;

Anzac Parade (approximatey 460-500m to the east) - Routes 393,394,L94 with typical  frequencies of 10 minutes (peak) and 30 mins (off-peak).

Wasselll Street (approximately 480-500m) to the west - Routes 392,X92 with typical frequencies of 10-15 minutes (peak) and 30 mins (off-peak).

§ The site is located in close proximity to Chifley Public School and Matraville Sports High School which are significant traffic generators especially during the peak times of 8:00am -9:00am and 2:30pm – 3:30pm. Pickup and drop off for Chifley Public School is undertaken on the southern side of Burke Street just west of the intersection with Hume Street while pickup and drop-off for the High School is undertaken much further eastwards also on Burke St near the intersection with Franklin Street or on the Anzac Parade frontage. There is unrestricted parking available all along the southern side of Burke Street along the schools frontages.

§ The site is located within close proximity to other childcare centres including Wee Wonders at 40 Burke Street Chifley approved under DA/221/2005 for 35 children and 5 staff and Kinderhaven at 36 Burke Street approved under DA/130/2012 for 36 children and 4 staff. Some parking demand associated with the childcare centre at 36 Burke St may also extend into Hume Street but is generally restricted to the centre’s dual street frontages or on-site.

§ Co-location with schools are specified as desirable locations for child care centres  in Council’s DCP but other criteria such as proximity to public transport and town centres have not been met.

§ Upon site inspection on 24/10/2016 demand for on-street parking was observed during the afternoon 3pm peak for the nearby Chifley Public School on Burke St. This was observed to be short in duration (between 2:50-3:20pm) and generally restricted to Burke Street where the main pickup and drop-off area is located. Some on-street spaces on the southern side of Hume Street near the intersection of Burke street were also occupied at this time (see photo P2-left side) although these are also likely to be used by the childcare centre at No.36 Burke St. Generally on-street parking was observed to be available in the vicinity of the subject site in Hume Street especially on the northern side.

§ During site inspection it was also observed that most traffic associated with adjacent school pick-up and drop-off is using Burke Street. Only 12 vehicles were observed to travel in Hume Street during this 35 minute period. 

P1 - Site frontage - 2:55pm 24th October 2016

IMG_2486

P2 -Hume Street view west - 3:08pm 24th October 2016

IMG_2488

P3 –Intersection of Hume & Burke – 2:57pm 24th October 2016

IMG_2487

 

Parking Provision

Part B7 of Council’s DCP-Parking requires that parking be provided for child care centres at the rate of 1 space per 2 staff members plus 1 space per 8 children for pick-up and drop –off

 

For the proposed centre of 35 children and 8 staff this would require the provision of 4 spaces for staff and 4 spaces for pick-up and drop-off being a total of 8 spaces

 

 

Staff Parking

It is noted that 4 carspaces have been provided within the site although there are conflicting statements within the submitted documentation as to whether these spaces will be used for staff parking or pickup and drop-off. The SEE states on pp 17 that the 4 spaces will be used for staff parking while the accompanying Traffic Report contradicts this and states on pp 9 they will be used for pickup and drop-off (with staff to park on-street).

 

The submitted floorplans are further inconsistent and indicate only 1 space on the site is to be dedicated for pickup and drop-off while the remaining 3 spaces appear to be staff parking. It has since been clarified by the Traffic consultant that they are recommending two of the off-street spaces be used by staff and two for pick-up and drop-off. This is also the recommendation of the Development Engineer and has been conditioned in this report. The two spaces for pick-up and drop-off will be become available for staff outside of the peak times thereby satisfying the staff parking requirements of the DCP.

 

Parking for pick-up and  drop-off

In addition to the proposed 2 off-street spaces, a timed pickup and drop-off zone is proposed on Hume Street and restricted to the site frontage. The length of the zone would be approximately 9.5m which is technically only long enough to accommodate 1 vehicle in accordance with AS 2890.5 (On-street parking). Extending the zone length to say 11 m to officially accommodate 2 spaces would extend the zone slightly across the neighbouring frontage at 27 Hume Street which is generally not supported by Development Engineering as it may restrict the future development potential of 27 Hume Street. In this case however the encroachment is minor (approx. 1.0m) and the position of a telegraph pole near the common boundary would mean any possible future driveway for No.27 would unlikely be situated close to this common boundary.

 

It is therefore recommended that a timed pickup and drop-off zone minimum 11m in length be installed on the Hume Street frontage. This will increase the parking provision within the on-street timed zone to 2 spaces and the total parking provision for pickup and drop off to 4 spaces thereby satisfying the pickup and drop-off requirements of the DCP. It is recommended the zone be labelled 15 minute parking 7-9am, 3-6:30pm Mon-Fri. Approval of the timed zone will be required by Randwick traffic Committee prioe to the commencement of operations,

 

Overall there will still be a shortage of 2 spaces (6 provided – 8 required)  that will be burdened by the surrounding street network however the submitted parking survey indicates that there is sufficient availability within the street to accommodate this demand with minimal impact to residents. It should also be noted that outside of the peak times, all of the off-street spaces will become available for staff thereby reducing the impact to on-street parking to zero outside of the peak times.

 

Development Engineering therefore considers the proposal can be supported subject to the following;

·      A minimum of 2 off-street spaces are to be dedicated for exclusive use by staff

·      A minimum of 2 off street spaces are to be dedicated for pickup-and drop-off during the peak times. These shall then become available for staff parking outside of the peak times to achieve compliance with the staff parking requirements.

·      A 15 minute timed pickup and drop-off zone is to be established on the Hume Street frontage. The zone shall be 11m in length which will result in an encroachment of up to 1.0m across the neighbouring frontage at No.27 Hume street. Due to the presence of a power pole at the common boundary this will unlikely affect future development potential of No.27 Hume Street and can be supported in this instance. 

·      The above measures will ensure the parking impacts are generally restricted to on-site or on the street frontage.

 

Parking Layout

The parking layout generally complies with the minimum requirements of AS 2890.1 with the exception of the carspace closest to Hume Street. Access to this carspace may be problematic as a tight turning manoeuvre will be required to access the carspace. This situation can be improved by widening the access driveway at the front property boundary to 4.0m. A suitable condition has been included in this report.

 

Traffic Generation

Existing Development

Using the updated traffic generation rates provided in technical direction TDT 2013/04a  by the RMS, the existing use of the property as a residence would generate a total of 10.7 trips per day with the most intense peak occurring in the evening being 0.99-1.39 trips per hour.

 

Proposed Development

Using the rates provided in the ‘RMS Guide to Traffic Generating Developments’ the proposed use as a 35 place childcare centre would generate the following vehicle trip generation during  peak times;

 

Time                                              Number of Trips

7:00-9:00am                                   0.8 x 35 = 28

2:30-4:00pm                                   0.3 x 35 = 10.5

4:00-6:00 pm                                  0.7 x 35 = 24.5

 

Total                                                          = 63 per day

 

This indicates that the proposed 35 place child care centre would generate an additional 52.3 (62-10.7) vehicle trips per day above the existing use as a residence with the most intense traffic generation occurring during the morning 7-9am peak where a vehicle is expected to arrive/depart the centre once every 4.28 minutes (on average). This is not expected to create any unacceptable issues on the performance of the nearby intersection at Hume Street and Burke Street. Traffic volume sin Hume Street are very low and observations by the Development Engineer on 24th October noted that there were only 12 turning movements ( i.e. turning from Hume into Burke St or from  Burke into Hume St) at this intersection during the peak 3-3:30pm afternoon peak.

 

It is therefore considered;

§ The intersection of Burke Street and Hume Street will operate satisfactorily under both existing and projected post development traffic demand.

§ The additional traffic generated by the proposed development is relatively minor and will not have any unacceptable impact on the road network serving the site.

 

Undergrounding of power lines to site

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

 

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

 

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

 

Drainage Comments

The submitted drainage plans (Drawing No. DA05) indicates the site discharge pipe in close proximity to the Council Street Tree. This is not supported by Development Engineering and further setback from the Council Street Tree is required.

 

The Planning Officer is therefore advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Landscape Comments

On Council’s public verge, to the east of the existing vehicle crossing, there is a mature Agonis flexuosa (Willow Myrtle) whose true size has been reduced to about 5m due to repeated lopping and topping away from the overhead wires by service authorities, but still appears in good health and fair condition.

 

It is covered by the DCP, and along with many other established trees of the same species along the length of both sides of this street, provides a contribution to the streetscape, so must be retained.

 

While the crossing will be widened out to 4m, the offset provided will still mean that it will not be directly affected; however, conditions still need to be imposed to protect against secondary impacts associated with trucks, machinery, deliveries and similar, and if clearance pruning is required to improve conditions for parking or pedestrian access, this can only be performed by Council, wholly at the applicant’s cost.

 

There is no significant vegetation within the site that would pose a constraint to the works in anyway, so can be removed where necessary, subject to suitable replacement planting being provided as part of the new landscape scheme.

 

5.       DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA01 Site Plan

Michael Bell Architects

 

11 November 2016 Rev 04

14 November 2016

DA02 Ground Floor Plan

Michael Bell Architects

11 November 2016 Rev 04

14 November 2016

DA03 First Floor Plan

Michael Bell Architects

11 November 2016 Rev 02

14 November 2016

DA04 Site Analysis

 

Michael Bell Architects

18 July 2016

18 August 2016

DA05 Stormwater Drainage Plan

Michael Bell Architects

18 July 2016

18 August 2016

DA06 Section at Grid 2

Michael Bell Architects

11 November 2016 Rev 01

14 November 2016

DA07Section at Grid E

Michael Bell Architects

18 July 2016

18 August 2016

DA08 Section at Grid C

Michael Bell Architects

18 July 2016

18 August 2016

DA09 Eastern Elevation

Michael Bell Architects

11 November 2016 Rev 02

14 November 2016

DA10Western Elevation

 

Michael Bell Architects

11 November 2016 Rev 02

14 November 2016

DA11 Front Elevation

Michael Bell Architects

11 November 2016 Rev 02

14 November 2016

DA12 Rear Elevation

Michael Bell Architects

18 July 2016

18 August 2016

DA13 Roof Plan

 

Michael Bell Architects

 

18 August 2016

DA14 FSR

 

Michael Bell Architects

18 July 2016

18 August 2016

DA15 Ground Floor Landscape

Michael Bell Architects

18 July 2016

18 August 2016

DA16 First Floor and Carpark Landscape Plan

Michael Bell Architects

18 July 2016

18 August 2016

DA 17 Interior Material Board

Michael Bell Architects

18 July 2016

18 August 2016

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       a)     The colours, materials and finishes of the external surfaces are to be compatible with the character of modern residential development in the locality to maintain the integrity and amenity of the building and the streetscape.

 

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.

 

Long Service Levy Payments

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

 

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

 

Security Deposits

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

 

·           $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

6.       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. 

a)    

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.

 

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

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

 

Design Alignment levels

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, must match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate (a construction note is considered satisfactory). 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 $159.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Carpark Layout

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

11.     The width of the vehicle access at the front property boundary shall be widened to 4.0m to facilitate satisfactory vehicle access to all carspaces. Details of compliance are to be included in the construction certificate documentation.

 

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.     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 the 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  in front of the subject site in Hume Street; 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)

 

iii.   Directly into Council’s underground drainage system located in Hume Street via the existing kerb inlet pit; or

 

c)     Should stormwater be discharged to Council’s drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 10 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)     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.

 

i)      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.

 

j)     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).

 

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

 

l)      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.

 

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

n)     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.

 

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

 

p)     Seepage waters are required to be drained and disposed of within the site and are not to be drained into Council’s stormwater drainage system.

 

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.

 

Street Tree Protection Measures

14.     In order to ensure retention of the Agonis flexuosa (Willow Myrtle) located on Council’s Hume Street verge, to the east of the existing vehicle crossing in good health, the following measures are to be undertaken:

 

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

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be located along either side of the crossing or side boundaries so as as to minimise root damage and to avoid future maintenance issues.

 

c.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to its west (measured off the outside edge of its trunk at ground level), matching up with the power pole to its east, the back of the kerb to its south, and pedestrian footpath to its north, in order to completely enclose this tree for the duration of works.

 

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

 

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

 

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

      

g.       A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

The refundable deposit will be eligible for refund following the issue of an Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of an Occupation Certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

Design, Construction & Fit-out of Food Premises

15.     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).

 

The premises is to be designed and constructed in accordance with the Food Act 2003, Food Regulation 2010, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.  Details of the design and construction of the premises are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

The design and construction of the food premises must comply with the following requirements (as applicable):

 

a)     Floors of kitchens and food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

b)     Walls of kitchens and preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas.

 

Glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops, wash hand basins, sinks and equipment.

 

Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

c)     Ceilings of kitchens, food preparation areas and storerooms are to be of rigid smooth-faced, non absorbent material (i.e. fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material) painted with a light-coloured washable paint.  ‘Drop-down’ ceiling panels must not be provided in food preparation or cooking areas.

 

d)     All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc must be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

e)     Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

f)      Fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings and an electronic insect control device must also be provided within food premises.

 

g)     A mechanical ventilation exhaust system is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, where required under the provisions of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

h)     Wash hand basins must be provided in convenient positions located in the food preparation areas, with hot and cold water, together with a sufficient supply of soap and clean towels.  The hot and cold water must be supplied to the wash hand basins through a suitable mixing device.

 

i)      Cool rooms or freezers must have a smooth epoxy coated concrete floor, which is to be sloped to the door.  A floor waste connected to the sewer is to be located outside the cool room/freezer.  The floor waste should be provided with a removable basket within a fixed basket arrestor and must comply with Sydney Water requirements.

 

j)      All cool rooms and freezers must be able to be opened from the inside without a key and fitted with an alarm (bell) that can only be operated from within the cool room/freezer.

 

k)     Any space or gap between the top of any cool room or freezer and the ceiling must be fully enclosed and kept insect and pest proof (e.g. plasterboard partition with gaps sealed).

 

Acoustic Amenity

16.     A report  prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that the design and 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 the Acoustic report submitted with the development application, namely: Acoustic Assessment for proposed Child Care Centre prepared by NG Child & Associates reference CA/16/92-5001 dated 29 August 2016 - Council Reference D02747287.  The assessment and report must include all relevant fixed and operational noise sources.

 

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

17.     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.

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

Public Utilities

22.     A Public Utility Impact Assessment must be carried out 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.

 

23.     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.

 

Landscape Plan

24.     A detailed landscape plan that has been prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of AILDM, AILA or equivalent) must be submitted to, and be approved by, the Certifying Authority/PCA, prior to the commencement of site works, and must detail the following:

 

a)       A Planting Plan & Plant Schedule containing a mixture of ground covers, plants, shrubs and feature/shade trees throughout the site, including details of proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity;

 

b)       A predominance of species that can withstand poor quality sandy soils and are not reliant on high quantities of moisture and fertilizer for survival;

 

c)       Irrigation being provided to landscaped areas/planting that is not open to natural rainfall;

 

d)       A high quality selection and arrangement of decorative species and interactive play spaces/items throughout the site so as to assist with presentation of the development to the streetscape, as well as cater to the needs of children;

 

e)       At least 2 x 25 litre (pot size at the time of planting) feature/shade trees (not palms) within the site, strategically located to maximise screening and privacy between this site and neighbours.

 

Pruning of street tree

25.     At least 4 weeks prior to the commencement of any site works, the applicant must determine whether clearance pruning of the Agonis flexuosa (Willow Myrtle), located on Council’s Hume Street verge, to the east of the existing vehicle crossing, will be needed so as to assist with parking, pedestrian access, new signage or similar.

 

26.     If this is required, Council’s Landscape Development Officer must be contacted on 9093-6613 to arrange a site inspection to determine the extent allowable.

 

27.     If approval is given, this pruning can only be performed by Council, wholly at the applicant’s cost, with the required fee to be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre prior to undertaking pruning, and prior to the issue of any Occupation Certificate.

 

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.

 

37.     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

38.     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

39.     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 9093 6691 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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

41.     Subject to the approval of Randwick Traffic Committee where appropriate, the applicant must meet the full cost for a Council approved contractor to:

 

a.       Re-construct concrete vehicular crossing between existing layback and front boundary opposite the vehicular entrance to the site.

 

Note: The crossing shall widen to 4m wide at the front property boundary

 

b.       Install new signage for a minimum 11m long pickup and drop-off zone located in front of the site on Hume Street. The sign shall read P15 minute parking Mon-Fri 7-9am, 3-6:30pm (or as varied by RTC)

 

Note: The zone will slightly encroach onto the neighbouring frontage at No.27 Hume Street by approx 1.0m. This has been considered to be acceptable by Development engineering in this instance.

 

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 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.     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

44.     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.

 

45.     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).

 

46.     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.

 

Ausgrid

47.     Prior to the issuing of any form of occupation certificate the applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Hume street and the development site to an underground (UGOH) connection.

 

Parking

48.     Two of the carspaces within the site must be dedicated for exclusive use by staff while the remaining two spaces shall be dedicated for pick-up and drop-off during the peak times. These shall also become available for staff outside of the peak times. Appropriate signage shall be installed on the internal carspaces to reflect this allocation.

 

Sydney Water Requirements

49.     The applicant shall liaise with Sydney Water Corporation to determine if a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. 

 

If required, application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

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

       

Landscaping

50.     The PCA must ensure that landscaping at this site has been installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of any Occupation Certificate, with the owner to maintain it in a healthy and vigorous state until maturity.

 

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

 

52.     That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense.

 

Food Safety

53.     The child care centre must be registered with Council's Health, Building & Regulatory Services Department in accordance with the Food Safety Standards, prior to commencing operations.

 

54.     Upon completion of the work, the centres Kitchen and Food Storage areas are to be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained, prior to the issuing of an occupation certificate.

 

 

Acoustic Amenity

55.     A validation acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that the design, construction, noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources.

 

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.

 

Hours of Operation

56.     The hours of the operation of the child care centre is restricted to the Monday through to Friday inclusive, from: 7.00 AM – 6.00 PM.

 

Food Storage

57.     All food preparation, cooking, display and storage activities must only be carried out within the approved food premises.

 

Storage shall be within appropriate shelves, off the floor and in approved storage containers.  External areas or structures must not be used for the storage, preparation or cooking of food, unless otherwise approved by Council in writing and subject to any necessary further approvals.

 

Food Safety Requirements

58.     The food premises must be registered with Council's Health, Building & Regulatory Services Department and the NSW Food Authority in accordance with the Food Safety Standards, prior to commencing business operations.

 

59.     A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.  A digital probe type thermometer must also be readily available to check the temperature of food items.

 

60.     All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

61.     Food safety practices and the operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·       Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

Failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

62.     The food premises must be kept in a clean and sanitary condition at all times, including all walls, floors, ceilings, fixtures, fittings, appliances, equipment, fridges, freezers, cool rooms, shelving, cupboards, furniture, crockery, utensils, storage containers, waste bins, light fittings, mechanical ventilation & exhaust systems & ducting, storage areas, toilet facilities, basins and sinks.

 

Environmental Amenity

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

 

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

 

Waste Management

65.     Adequate provisions are to be made within the confines of the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council, prior to commencing business operations.

 

The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.

 

A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

66.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to Council prior to commencing operation of the business.

 

Use of car spaces

67.     Two carspaces within the site must be continually dedicated for exclusive use by staff.

 

External Lighting

68.     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

69.     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

70.     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.

 

A13     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.

·          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.

·          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.

 

A14     The assessment of this development application does not include an assessment of the proposed building work under the Food Act 2003, Food Safety Standards or Building Code of Australia (BCA).

 

All new building work must comply with relevant regulatory requirements and Australian Standards and details of compliance are to be provided in the construction certificate application.

 

A15     The design and construction of the premises must satisfy the requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004). Prior to finalising the design and fit-out for the development and prior to a construction certificate being obtained, advice should be obtained from an accredited Food Safety Consultant (or Council’s Environmental Health Officer).

 

A16     The applicant/operator is advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

 

 

 

 

 

 


DA Compliance Report - 36 Bonna-Vista Avenue, Maroubra

Attachment 1

 

 

 

 

Development Application Compliance Report

RCC LOGO_Stacked_COLOUR_RGB

 

Folder /DA No:

DA/168/2016

PROPERTY:     

 

36 Bona Vista Avenue, MAROUBRA  NSW  2035

Proposal:

Demolition of existing residential flat building, construction of new 4 storey residential flat building containing 10 dwellings including 4 affordable housing units under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, basement car parking for 14 vehicles, landscaping and associated works (variation to height control).

Recommendation:

Refusal

 

Relevant Environment Planning Instruments:

 

1.       SEPPs

 

State Environmental Planning Policy (Building Sustainability Index) 2004

The application is accompanied by a BASIX certificate which conforms to the requirements of the SEPP in terms of solar access, energy efficiency and thermal comfort.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Division 1: In-fill affordable housing

The subject application is made pursuant to the SEPP 2009 (SEPPARH 2009). Clause 10 of the SEPP states that this division applies to residential flat buildings where the use is permissible in the relevant EPI where such development is located in an accessible area.

 

Clause 13 Floor Space Ratio

 

Clause 13 states:

 

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

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

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

(i)    0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

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

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100

 

COMMENT:

The percentage of affordable housing is 38.7%.

 

Y = 38.7 ÷ 100 = 0.387

 

Allowable FSR is 0.9 + 0.387 = 1.29:1

Proposed FSR is = 1.24:1

 

In accordance with the above, the proposed development has a complying FSR as the maximum allowable FSR is 1.29:1.

 

Clause 14 Standards that cannot be used to refuse consent

 

Clause 14 provides – Standards that cannot be used to refuse consent. The following tables outline the assessment:

 

Assessment of Clause 14 – Standards that cannot be used to refuse consent

Standard

Assessment

Site and solar access requirements
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

a)  (Repealed)

 

b)  site area
if the site area on which it is proposed to carry out the development is at least 450 square metres,

The subject site has an area 650.6m² and therefore meets the minimum site requirements.

 

Complies.

 

c)  landscaped area
if:

a.  in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or

b.  in any other case—at least 30 per cent of the site area is to be landscaped,

The proposed development has a landscaped area of 33.66%. 

 

Complies.

d)  deep soil zones
if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:

(i)  there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and

(ii) each area forming part of the deep soil zone has a minimum dimension of 3 metres, and

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

 

The site has a maximum of 19.14% deep soil planting area. This complies with the minimum requirements for SEPPARH 2009 and complies with the SEPP 65 requirement of 7%.

 

The deep soil provided is located to the rear and has dimensions of at least 3m x 3m.

 

Complies.

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

 

Less than 70% of units receive 3hrs of direct sunlight in mid-winter due to the orientation of the lot and the neighbouring development.

·      40% receive 4 hours;

·      30% receive 2 hours; and

·      30% receive 0 hours of direct sunlight.

 

Non-compliant.

 

(2) General
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

a)  parking

if:

(i)  in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or

(ii) in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,

 

The subject site is located within an accessible area in accordance with the definition referred to below.

 

accessible area means land that is within:

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.

 

In total, 1.5 spaces are provided per unit.

 

Complies.

(b)  dwelling size
if each dwelling has a gross floor area of at least:

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

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

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

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

 

The below table indicates that the majority of the units meet the minimum requirements.

 

Unit no.

Area

Complies

Unit 1 – 2 bed

83m²

Yes

Unit 2 – 1 bed

75m²

Yes

Unit 3 – 2 bed

72m²

Yes

Unit 4 – 2 bed

83m²

Yes

 

Complies.

 

(3)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

 

Clause 16 - Continued application of SEPP 65

 

Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.

 

Clause 16A - Character of local area

 

In accordance with Clause 16A the consent authority must not consent to development which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

COMMENT:

An assessment was carried out in relation to the context, compatibility of the built form, compatibility of the use and compatibility of the R3 zone.

 

Context:

The site is rectangular in shape, with a frontage of 15.24m to Bona Vista Avenue and an area of 650.6m².

 

To the north-east, south, east and west of the site is zoned R3 medium density residential and includes a mix of residential flat buildings and low density dwellings. This R3 area has a maximum height of 12m and FSR of 0.9:1. Directly to the north are properties zoned R2 low density residential, and includes mostly single dwellings with a maximum height of 9.5m and FSR of 0.5:1. The site is located within 300m of the Maroubra Beach town centre. The site is located approximately 13km from the Sydney CBD.

 

The locality is occupied by a mix of low to medium density residential land uses, the surrounding development is generally consistent with the allowable FSR and density for the area.

 

The following image demonstrates the zoning context.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Zoning context

B1 Neighbourhood Centre R2 Low Density Residential R3 Medium Density Residential

 

Compatibility of built form:

 

·      FSR

The subject site has an allowable FSR of 0.9:1, however the proposal is utilising SEPPARH 2009 to achieve a total FSR of 1.24:1. Although this FSR is permissible under SEPPARH 2009, it results in an over development of the site and a bulk that is inconsistent with the surrounding area. This is indicated through non-compliant of the setbacks, landscaping and deep soil planning areas.

 

·      Landscaping

The proposal provides 33.6% landscaped area which is less than the minimum DCP requirement of 50% landscaped area, which is considered highly appropriate in such transitional suburban areas. The long side access path and driveway result is minimal landscaping along the side boundaries to break up the built form. It is considered that the proposed landscaping is inconsistent with the control objectives as there is insufficient area for recreational activities, will result in poor amenity for residents and neighbours and is inconsistent with the future desired streetscape.

 

·      Deep Soil

The development provides approximately 19.14% deep soil planting area which is less than the minimum DCP requirement of 25%. The limited deep soil planting area surrounding the proposed building, especially within the rear setback, is inconsistent with the neighbouring properties. It is considered that the non-compliance is inconsistent with the objectives of the DCP as there is a significant increase in impermeable surface and the character of the area which acts as a transition between low density residential areas to the rear.

 

·      Setbacks

The proposal has non-complying front, side and rear setbacks, these non-compliances, as well as having units partially below ground level, indicate that the proposal is an over development of the site. The proposal is generally inconsistent with the future design character of the area as the non-complying setbacks impede the sites ability to achieve appropriate and established building separation, as well as landscaping and deep soil planting areas. These factors contribute to the existing streetscape and break up the built form. 

 

Compatibility of use:

 

The proposed use of the site, which includes a residential flat building comprising of 10 units, including 4 affordable housing units, constitutes a permissible form of development. The proposed development would provide affordable housing to the community in a location within close proximity to Maroubra town centre, public transport and commercial centres.

 

Consistency with the objectives of the R3 Medium Density Residential zone:

 

The proposal is inconsistent with some objectives of the zone, detailed as follows:

 

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

·      To enable other land uses that provides 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.

 

It is considered that proposed development does not comply with all objectives of the zones as the proposal is inconsistent with desirable elements of the existing and future streetscape due to non-compliant setbacks, landscaping and deep soil planting areas. Furthermore, the development will result in poor internal amenity for residents due to non-compliant solar access and subterranean units.

 

The local character test is not satisfied on this occasion.

 

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

 

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

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

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

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

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

(2) Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.

 

COMMENT:

An appropriate condition could be applied to ensure that the designated affordable housing units will be used as such for a minimum of 10 years.

 

 

Clause 18 - Subdivision

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

 

State Environmental Planning Policy No. 65 – Apartment Design Guide

 

SEPP No. 65 aims to promote quality design of Residential Flat Buildings. The proposal is subject to the policy as it involves the development of a residential flat building being 3 storeys and more in height. The proposal has been considered by Council’s Design Review Panel. The Panel’s comments are included in Section 6. An assessment has been carried out in accordance with Part 3: Siting the Development and Part 4: Designing the Building of the Apartment Design Guide against the design criteria requirements. Any non-compliance to the design criteria includes a merits based assessment as per the design guidance of the Apartment Design Guide.

 

A Design Verification Statement in accordance with the requirements of SEPP 65 has been provided in the Statement of Environmental Effects. 

 

The Design Review Panel provided comments in April 2016 for the application. The applicant has made amendments to their design in response to the Design Review Panel comments.   

 

Clause

Requirement

Proposal

Compliance

Part 3: Siting the Development

3A-1

Site Analysis

 

 

 

Each element in the Site Analysis Checklist should be

addressed

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

Complies.

3B-1

Orientation

 

 

 

Buildings along the street frontage define the street, by

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

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

Complies.

 

Where the street frontage is to the north or south,

overshadowing to the south should be minimised and

buildings behind the street frontage should be orientated to

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

NA

N/A

3B-2

Overshadowing of Neighbouring Property

 

 

 

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

Submitted shadowing diagrams demonstrate that adjoining development will received a minimum of 3 hrs solar access on 21 June.

Complies.

 

Solar access to living rooms, balconies and private open spaces of neighbours should be considered.

 

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

minimums contained in section 3F Visual privacy

 

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

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

Complies.

 

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

Not practical on the site.

Complies.

 

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

solar collectors on neighbouring buildings

The proposal will not impact any existing solar collectors.

Complies.

3C-1

Public Domain Interface

 

 

 

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

Front apartment has direct street entry.

Complies.

 

Upper level balconies and windows should overlook the public domain

Balconies have been positioned and orientated to overlook the street and rear reserve.

Complies.

 

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

Front fencing is higher than 1m.

Non-compliant

 

Length of solid walls should be limited along street frontages

The solid wall is only in front of the ground floor dwellings POS.

Complies.

 

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

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

Complies.

 

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

• architectural detailing

• changes in materials

• plant species

• colours

NA

NA

 

Opportunities for people to be concealed should be minimised

Opportunities for concealment is minimal.

Complies.

Objective 3C-2

Amenity of the public domain is retained and enhanced

 

 

 

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

Minimal landscaping is provided within the front, side and rear setbacks. 

Non-compliant.

 

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

Letterboxes are provided in the front fence.

 

Complies.

 

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

No vents associated with the basement are visible from the public domain.

Complies.

 

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

Utilities are generally provided within the basement.

Complies.

 

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

NA

NA

 

Durable, graffiti resistant and easily cleanable materials should be used

The proposal complies with the requirements

Complies.

 

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

The car parking is below ground level.

Complies.

3D-1

Communal and Public Open Space

 

 

 

Communal open space has a minimum area equal to

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

Proposed = 18.4%

Non-compliant

 

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

Achieves more than 2 hours direct sunlight.

Complies

3E-1

Deep Soil Zones

 

 

 

Deep soil zones are to meet the following minimum requirements:

 

Site area

Minimum Dimensions

Deep Soil Zone (% of site area)

<650m2

0m

7%

650-1500m2

3m

>1500m2

6m

>1500m2 with sig. existing tree cover

6m

Proposed = 10%

 

Minimum dimensions achieved.

Complies

3F-1

Visual Privacy

 

 

 

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

buildings to the side and rear boundaries are as follows:

 

Building height

Habitable rooms and balconies

Non-habitable rooms

Up to 12m (4 storeys)

6m

3m

Up to 25m (5-8 storeys)

9m

4.5m

>25m (9+ storeys)

12m

6m

 

Note: Separation distances between buildings on the same

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

The proposal is three and four storeys and provides separation from both side boundaries of 2m and 3m.

 

The proposal addresses visual privacy by way of side window location and privacy screens.

 

 

Non-compliant.

3J-1

Bicycle and Car Parking

 

 

 

For development in the following locations:

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

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

 

The minimum car parking requirement for residents and

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

 

The car parking needs for a development must be

provided off street

See Engineers comments

See Engineers comments

Part 4: Designing the Building

4A

Solar and Daylight Access

 

 

 

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

It is proposed that 70% of apartments will receive a minimum of 2 hours sunlight.

However, less than 70% of POS will receive a minimum of 2 hours direct sunlight.

Non-compliant.  

 

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

It is proposed that 30% of apartments will not receive no direct sunlight. 

Non-compliant. 

4B

Natural Ventilation

 

 

 

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

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

All apartments achieve cross ventilation.  

Complies.

 

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

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

Complies.

4C

Ceiling Heights

 

 

 

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

 

Minimum Ceiling height for apartment and mixed use buildings

Habitable rooms

2.7m

Non-habitable

2.4m

For 2 storey apartments

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

Attic spaces

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

If located in mixed used areas

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

 

These minimums do not preclude higher ceilings if desired.

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

 

Complies

4D

Apartment Size and Layout

 

 

 

Apartments are required to have the following minimum internal areas:

 

Apartment Type

Minimum Internal Area

Studio

35m2

1 bedroom

50m2

2 bedroom

70m2

3bedroom

90m2


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

 

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

Nine of the ten units comply with the minimum unit size requirements.

Unit 6, is a two bedroom apartment which has an area of 68.5m².

Non-compliant. 

 

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

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

Complies.

 

Habitable room depths are limited to a maximum of

2.5 x the ceiling height

The habitable rooms meet this requirement.

Complies.

 

In open plan layouts (where the living, dining and

kitchen are combined) the maximum habitable room

depth is 8m from a window

The rear apartments have combined living areas marginally longer than 8m. These units are dual aspect for cross ventilation and access to light. 

Non-compliant.

 

 

Master bedrooms have a minimum area of 10m2 and

other bedrooms 9m2 (excluding wardrobe space)

All bedrooms exceed min. size requirements.

Complies

 

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

Not all bedrooms have minimum 3m for both dimensions.

Non-compliant.

 

Living rooms or combined living/dining rooms have a

minimum width of:

·      3.6m for studio and 1 bedroom apartments

·      4m for 2 and 3 bedroom apartments

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

Complies.

 

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

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

Complies.

4E

Private open space and balconies

 

 

 

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

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

Non-compliant. 

4G

Storage

 

 

 

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

 

Dwelling Type 

Storage Size Volume

Studio

4m3

1 bedroom

6m3

2 bedroom

8m3

3bedroom

10m3

 

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

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

Complies

 

2.       Randwick LEP 2012

 

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

 

·      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.

 

It is considered that proposed development does not comply with all objectives of the zones as the proposal is not consistent with desirable elements of the existing streetscape due to non-compliant setbacks, landscaping and deep soil and the development will result in poor internal amenity for residents due to non-compliant solar access.

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.9:1

1.24:1

Yes – Complies with the SEPPARH 2009

Height of Building (Maximum)

12m

12.3m

No – Minor non-compliance of lift overrun.

 

3.       Randwick Comprehensive DCP

 

 

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

Control

Proposal

Compliance

B6

Recycling and Waste Management

4.

On-Going Operation

 

 

 

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

Waste room is located in the basement level.

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.

The waste room includes mechanical ventilation.

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.

 

Waste room is located in the basement level.

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).

 

The waste room is easily accessible.

Yes

 

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

 

No bins were shown on the plans. The engineer has provided appropriate conditions.

 

Yes

 

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

 

The waste room will have mechanical ventilation.

Yes

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

Car parking requirements:

1 space per 2 studios

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

1.2 spaces per 2-bedroom unit

1.5 spaces per 3- or more bedroom unit

1 visitor space per 4 dwellings

 

The development should provide 14.3 car parking spaces. 14 spaces are provided. This is considered to be sufficient given the location and that the development meets the minimum affordable housing requirements.

 

Condition: Two stacked car spaces should be allocated to a single unit. 

Yes

 

Motor cycle requirements:

5% of car parking requirement

 

1 motorcycle space is provided.

Yes

4.

Bicycles

 

Residents:

1 bike space per 2 units

Visitors:

1 per 10 units

No bike spaces were indicated on the plans.

Council’s Development Engineer provided an appropriate condition in the case of approval. 

 

 

No

 

C2

Medium Density Residential

2

Site Planning

2.1

Site Layout Options

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

·      Two block / courtyard example

·      T-shape example

·      U-shape example

·      Conventional example

The proposed design is a conventional example.

Yes

 

2.2

Landscaped open space and deep soil area

2.2.1

Landscaped open space

 

A minimum of 50% of the site area (323m²) is to be landscaped open space.

 

The proposal provides 33.6% landscaped area.

The landscaped area is non-compliant with the DCP, but complies with the ADG requirements of 30%.

No

 

2.2.2

Deep soil area

 

(i)   A minimum of 25% of the site area (161m²) should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting.

The development provides approximately 19.14% deep soil planting.

The deep soil area is non-compliant with the DCP, but complies with the ADG requirements of 7%.

 

No

 

 

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

The deep soil is located to the rear of the site.

 

The landscape design includes three medium sized trees.

Yes

 

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

There is a mix of grass, shrubs and trees.

Yes

 

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

Part of the deep soil area is located above the basement area.

The deep soil area is non-compliant with the DCP, but complies with the ADG which allows for on structure planting.

 

No

 

 

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

Deep soil on the surrounding lots it located adjacent to the proposal.

The deep soil provided is inconsistent with the neighbouring developments.

Yes

2.3

Private and communal open space

2.3.1

Private open space

 

Private open space is to be:

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

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

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

Each unit includes private open space located off the living areas.

The balconies provide opportunities for passive surveillance over the street and towards the beach.

Yes

 

For residential flat buildings:

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

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

The majority of units have POS of at least 8m² with dimensions of at least 2m.

 

With the exception of unit 3 which includes three areas of POS, two being 5m² and one being 7m².

 

No

 

2.3.2

Communal open space

 

 

 

Communal open space for residential flat building is to be:

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

(b)  Designed for passive surveillance.

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

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

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

Communal open space is located to the rear of the site in the form of a terrace. The terrace is landscaped and has a northerly aspect.

 

The lower terrace is grassed, while the upper terrace is paved.

 

The communal area has been designed for passive recreation.

 

The communal open space will receive 2 hours of sunlight during winter.

 

The communal space has an area of approximately 90m², which is less than the 25% (162m²) ADG requirement.

 

Yes

 

3

Building Envelope

3.1

Floor space ratio

 

Floor Space Ratio (FSR) is a measure that assists in controlling the mass and bulk of a development. Under RLEP the maximum FSR permissible on a parcel of land is shown on the Floor Space Ratio Map. FSR is expressed as a ratio of the permissible gross floor area to the site area and is explained and defined in Clause 4.5 of RLEP.

 

The proposed development utilizes Clause 13 of the SEPPARH 2009 for bonus FSR. The proposed development has a complying FSR of 1.24:1.

No

 

3.2

Building height

 

Building height is a major factor affecting the visual mass of a development and influences streetscape character and adjoining residential amenity. Under RLEP the maximum building height permissible on a parcel of land is shown in metres on the Height of Buildings Map. The height of buildings is measured from the natural ground level (at any point) to the highest point of the building which includes roofs, list overruns and plants, as defined in Clause 4.3 of RLEP.

 

The lift overrun is non-compliant with the height limits, having a maximum height of 12.3m.

 

The remainder of the building is below the maximum building height limit.

No

 

3.3

Building depth

 

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

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

 

The proposed development has a depth of approximately 32m.

 

No

 

3.4

Setbacks

3.4.1

Front setback

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

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

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

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

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

The bulk of the building has a setback of 4.56m, however the balconies which occupy the full width of the front façade only have a setback of 1.985m. 

 

The basement stairs are located within the front setback.

 

The front setback is inconsistent with the 3m requirement, includes POS for units 1 and 2, and is inconsistent with the neighbouring properties.

 

No

 

3.4.2

Side setback

 

Residential flat building

 

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

-    14m≤site frontage width<16m: 2.5m

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

-    Create articulations to the building facades.

-    Reserve open space areas and provide opportunities for landscaping.

-    Provide building separation.

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

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

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

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

The site has a frontage of 15.24m, therefore the minimum side setbacks are 2.5m.

 

The side setbacks proposed are between 2m and 3m. With bedrooms and living areas having only 2m setbacks.

 

 

The non-compliant setbacks and POS within the side setbacks reduce the developments ability to provide appropriate landscaping within the side setback.

 

 

No

 

 

3.4.3

Rear setback

 

For residential flat buildings, provide a minimum rear setback of 15% (6.4m) of allotment depth or 5m, whichever is the greater.

The building has an approximate rear setback of 5.8m to rear wall and 4.2m to the balconies on the upper levels.

 

This is a variation of approximately 2.2m.

 

The non-compliant setbacks reduce the proposals ability to achieve the minimum landscape and deep soil requirements.

 

The non-complaint setbacks may contribute to view loss.

 

The rear setbacks indicated on the plans do not correspond with the dimensions on the plans.

 

No

 

4

Building Design

4.1

Building façade

 

 

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

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

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

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

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

 

The building addresses the street.

 

The design clearly reflects the residential use.

 

The design utilizes articulation to break up the length of the wall.

 

 

Yes

 

4.2

Roof design

 

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

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

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

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

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

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

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

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

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

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

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

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

The proposal utilizes a flat roof. This is consistent with the surrounding developments.

 

The lift overrun is 600mm above the roof height and it setback from the street. This variation is considered reasonable given it is minor and it unlikely to be visible from the public domain. The overrun will not have an impact of the overall amenity of the development.

 

The unit 10 terrace is located on the roof level. The terrace is located on the eastern boundary and is orientated to the east. A 1.6m wall provides privacy to the neighbouring units at 34 Bona Vista Avenue.

 

No green roof is proposed.

Yes

 

4.4

External wall height and ceiling height

 

i) Where the site is subject to a 12m building height limit under the LEP, a maximum external wall height of 10.5m applies.

The proposed development has a non-compliance of maximum wall height on the south east corner. The corner has a maximum height of 11.7m at this point.

 

This is a non-compliance of 1.2m.

 

No

 

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

Ceilings have an internal height of 2.7m.

Yes

4.5

Pedestrian Entry

 

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

The primary pedestrian access is clearly distinguished.

 

Yes

 

 

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

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

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

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

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

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

-    Provide weather protection for building entries.

 

Postal services and mailboxes

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

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

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

The communal areas have been designed with consideration of this clause.

 

The ground level units each have direct pedestrian access.

 

Mailboxes are provided within the front setback. They are accessible to residents and postal staff.

 

Yes

 

4.6

Internal circulation

 

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

-     Providing natural lighting and ventilation where possible.

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

-     Allowing adequate space for the movement of furniture.

-     Minimising corridor lengths to give short, clear sightlines.

-     Avoiding tight corners.

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

The stairwell will have natural light & ventilation through the slatted screen.

 

The lobby will have a north facing window at each leave.

 

The proposal has been designed with a lobby and minimal internal corridors.

Yes

 

4.7

Apartment layout

 

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

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

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

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

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

The plans indicate the units have good cross ventilation.

 

 

 

Yes

 

 

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

The open plan living allows for flexible furniture arrangements.

Yes

 

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

Each unit includes POS in the form of balconies and terraces.

Yes

 

 

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

The units generally have an open plan kitchen, dining and living area.

Yes

 

4.8

Balconies

 

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

 

Each unit has POS of at least 8m² and dimensions of 2m. The majority of units have secondary balconies.

Yes

 

 

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

 

Unit 1 and 2 provide ground floor terraces of 18m² and 25m², however these spaces are long and narrow and do not have minimum dimensions of 4m.

 

 

No

4.9

Colours, materials and finishes

 

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

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

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

-    Changes of colours and surface texture

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

-    The use of natural stones is encouraged.

(v)    Avoid the following materials or treatment:

-    Reflective wall cladding, panels and tiles and roof sheeting

-    High reflective or mirror glass

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

-    Large expanses of rendered masonry

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

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

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

The materials and palette are compatible with the coastal area.

Yes

 

 

4.12

Earthworks Excavation and backfilling

 

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

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

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

 

The bedrooms of unit 3 and 6 are below ground level.

 

The cut for the POS of units 3 and 6 is not terraced.

 

 

 

No

 

Retaining walls

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

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

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

 

The retaining wall adjacent to the ground level units and communal open space are on the boundary and have a height of at least 2.8m in front of units 3 and 6.

 

No

5

Amenity

5.1

Solar access and overshadowing

 

Solar access for proposed development

 

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

Only 4 units will receive at least 3 hours of direct sunlight.

 

The non-complying units have south facing views to Maroubra Beach.

 

No

 

 

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

Less than 70% of units receive 3hrs of direct sunlight in mid-winter. Only 40% of units receive at least 3 hours of direct sunlight.

 

No

 

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

All apartments have at least two aspects. Most have windows and balconies with dual aspects.

Yes

 

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

The proposed development varies from the minimum standards of the DCP.

 

Despite this, the non-compliance is significant and cannot be supported.

Yes

 

 

Solar access for surrounding development

 

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

 

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

 

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

The internal living areas of units will receive at least 3 hours sunlight.

 

At least 50% of the neighbouring properties POS will receive 3 hours of sunlight.

 

The proposed development will not significantly increase overshadowing on neighbouring properties.

Yes 

5.2

Natural ventilation and energy efficiency

 

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

More than 15% of the units do not receive adequate direct sunlight.

 

 

No

 

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

Most windows have screening.

Yes

 

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

Habitable rooms have operable windows.

Yes

 

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

Habitable rooms have operable windows.

Yes

 

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

Each unit benefits from at least two aspects. As such, the units have good cross ventilation.

 

Habitable rooms include fans.

Yes

 

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

 

The majority of kitchens have access to windows for ventilation.

Yes

5.3

Visual privacy

 

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

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

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

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

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

-    Translucent glazing

-    Fixed timber or metal slats

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

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

 

Windows are located to not be directly adjacent to neighbouring windows.

 

The majority of balconies are orientated towards the front and rear of the lot. Units 3 and 9 have primary balconies to the side located above ground level, both of which are screened. Units 5 and 8 have secondary, narrow circulation balconies to the side boundary, both of which are screened.

 

Appropriate measures including orientation and screening have been used to improve neighbour privacy.

 

Generally complies.

 

5.4

Acoustic privacy

 

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

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

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

-    Double glazing

-    Operable screened balconies

-    Walls to courtyards

-    Sealing of entry doors

 

Within the units which share a party wall, the majority of wall is hallway and living area.

 

Side balconies are screened which will reduce potential acoustic impacts.

Yes

 

5.5

View sharing

 

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

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

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

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

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

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

The proposal has been redesigned to retain view corridors.

 

A view loss assessment was undertaken from the living areas of neighbouring properties in accordance with the LEC Planning Principles. The assessment indicated that the proposal would result in a minor to moderate view loss for most properties. While unit 9/34 would have moderate to severe view loss.

 

The applicant worked with Unit 9/34 to resolve many view loss issues. The resultant impact is considered reasonable. Unit 9/34 withdrew their objection letter.

 

No views are impacted from the public domain.