RCC LOGO_Stacked_COLOUR_RGB

 

Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 14 February 2017

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                     14 February 2017

 

RCC LOGO_Stacked_COLOUR_RGB

Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 14 February 2017 at 6.00pm

 

 

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

 

Quorum:                             Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 6 December 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

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

Urgent Business

Development Application Reports (record of voting required)

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

D1/17       40 Dutruc Street, Randwick (DA/895/2015) (Deferred)........................... 1

D2/17       32-34 Perouse Road, Randwick (DA/128/2016) (Deferred).................... 63

D3/17       1234-1236 Anzac Parade, Malabar (DA/729/2016)............................... 147

D4/17       6-6A Higgs Street, Randwick (DA/999/2006/C)..................................... 159

D5/17       18 Snape Street, Kingsford (DA/572/2016/A)....................................... 169

D6/17       15 Cairo Street, South Coogee (DA/393/2016/A).................................. 181

D7/17       216 Fitzgerald Avenue, Maroubra (DA/860/2016)................................. 189

D8/17       169-181 Dolphin Street, Coogee (DA/238/1998/C)............................... 205

D9/17       Shop 1/550 Bunnerong Road, Matraville (DA/806/2016)....................... 211

D10/17     36A Boyce Road, Maroubra (DA/763/2016)........................................... 219

D11/17     212 Arden Street, Coogee (DA/427/2016)............................................ 225

D12/17     17 Finucane Crescent, Matraville (DA/493/2016).................................. 245

D13/17     53-55 Varna Street, Clovelly (DA/14/2017)........................................... 249

D14/17     1179 Anzac Parade, Matraville (DA/994/2011/G).................................. 263

D15/17     411R Clovelly Road, Clovelly (DA/771/2016)......................................... 271

D16/17     53 Rainbow Street Kingsford (DA/43/2012/B) ...................................... 279

D17/17     223 Barker Street, Randwick (DA/832/2016)........................................ 287

D18/17     8 Cliffbrook Parade, Clovelly (DA/596/2016)......................................... 297

D19/17     73 Gale Road, Maroubra (DA/765/2016)............................................... 313

D20/17     7 Mermaid Avenue, Maroubra (DA/317/2016)....................................... 329

D21/17     17 Moverly Road, Maroubra (DA/322/2016/A)....................................... 367

Miscellaneous Reports

Nil    

Notice of Rescission Motions

Nil  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                     14 February 2017

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D1/17

 

Subject:              40 Dutruc Street, Randwick (DA/895/2015) (Deferred)

Folder No:                DA/895/2015

Author:                     Matthew Choi, Senior Environmental Planning Officer     

 

Introduction

 

The subject application involves demolition of all structures on site and construction of a new four storey residential flat building containing eight units, basement car parking for nine vehicles and associated site and landscaping works and strata subdivision (variation to building height).

 

The application was recommended for approval and report to the Planning Committee Meeting on the 11 October 2016. At the meeting, it was resolved:

 

“(Andrews/Matson) that the application be deferred for mediation and to seek input from interested Councillors in relation to alternative concepts for the site incorporating and maximising the heritage preservation”

 

Mediation Proceedings:

 

A mediation session was held on the 1 December 2016 between the applicant and the objectors of the following addresses:

 

·      2/2 Wood Street, Randwick

·      4/2 Wood Street, Randwick

·      9/32 Dutruc Street, Randwick

·      42/32 Dutruc Street, Randwick 

·      One unknown address

 

At the conclusion of the mediation, the applicant agreed to make the following changes as requested by the objectors in attendance.

 

·      A condition of consent be included that the car stackers at the basement floor level comply with the minimum acoustic performance standards during operation.

 

·      The landscape plan be amended to incorporate additional screen planting along the western boundary and to relocate the proposed tree from the north-western corner to a central position to enhance visual privacy of the western neighbour. Details are to be provided in the form of an amended landscape plan and are to be submitted to Council.

 

Other than those raised above, there were no further agreements with regards to the subject application.

 

The objectors also request clarification that the image below included within the Executive Summary Report had been taken from the second floor level and not the third floor level. The photo (Image 1) was taken from the second floor level.

 

Image 1: From second floor level

 

Assessment:

 

Car stackers provide a reasonable level of acoustic amenity:

A condition has been recommended to ensure that all plant and equipment on the premises shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations. Suitable conditions have been included to ensure any noise generated from the car stackers does not compromise the amenity of the adjoining neighbours. No further action required.

 

Condition no. 82 recommended by Council officers reads as follows:

 

82.   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.

 

Amended landscape plan to incorporate screen planting along the western boundary and relocate the proposed tree:

The applicant has submitted an amended landscape plan dated 18 January 2017 and received by Council on the 20 January 2017 which incorporates screen planting along the western boundary which will grow to a height of 10 metres and relocated the proposed tree from the north-western corner of the subject site to a more central position along the rear boundary. The amended landscape plans are satisfactory in achieving the agreement reached between the applicant and the objector during the mediation session. Condition no. 23 and 66 has been amended to read as follows:

 

23.   The Certifying Authority/PCA must ensure that the Landscape Plan submitted as part of the approved Construction Certificate is substantially consistent with the Landscape Plan by Zenith Landscape Designs, dwg 15-3109 LO1, dated 18.01.17.

 

66.   Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed in accordance with the Landscape Plan by Zenith Landscape Designs, dwg 15-3109 LO1, dated 18.01.17.

 

Condition no. 3:

 

Condition no. 3 reads as follows:

 

Affordable Rental Housing Component

3.        A plan to be submitted to Council satisfactory to SEPP (Affordable Rental Housing) identifying units 3 & 5 as dedicated to affordable rental housing.

 

The specific dwellings identified for affordable rental housing shall be indicated on the stamped approved Construction Certificate plans, a copy of which should be submitted to Council.

 

a.      The dwellings to be used for the purposes of ‘affordable rental housing’, as per the provisions of the SEPP shall be used as such for at least 10 years from the date of the issue of the occupation certificate.

 

b.      The affordable rental housing component (secured for a minimum of 10 years) must be managed by a registered Community Housing Provider (CHP).  The CHP must ensure compliance with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

 

c.      A restriction must be registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with Section 88E of the Conveyancing Act 1919 that will ensure that the requirements a. and b. are met and that the terms of restriction may not be varied without Council’s consent.

 

d.      Prior to an occupation certificate being granted, evidence must be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

 

The units that are nominated for affordable housing are units 1, 3, 4 and 5. Subsequently, condition no. 3 has been amended to recommend that a plan be submitted to Council satisfactory to SEPP (Affordable Rental Housing) identifying units 1, 3, 4 and 5 to be all dedicated as affordable rental housing.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development      

Direction 4a:     Improved design and sustainability across all development  

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The mediation held between the applicant and objectors resulted in some minor agreements. However, as there is no general agreement in support of the development application, the application is referred back to Council for determination.

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 895/2015 for the demolition of all structures on site and construction of a new four storey residential flat building containing eight units, basement car parking for nine vehicles and associated site and landscaping works and strata subdivision (variation to building height), at No. 40 Dutruc Street, Randwick subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA01 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA02 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA03 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA04 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA05 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA06 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA07 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA08 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

DA09 (Revision C)

MHNDUNION

01.08.2016

1 August 2016

 

Amendment of Plans & Documentation

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

 

a.        The proposed development shall be setback a minimum 6.3 metres from the western (rear) boundary.

 

b.        The first, second and third floor east-facing balconies shall have a minimum width of 4 metres (excluding the area covered by the external louvres) as measured from the northern-eastern edge of the balcony. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies.

 

c.        The first floor west-facing balcony shall have a minimum width of 4 metres (excluding area covered by the external louvre) as measured from the north-western edge of the balcony. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies.

 

d.       The second floor bedroom no.1 of Unit 6 and 7 must have a minimum width of 3 metres measured from the inner face of the western external face to the wardrobe to comply with the Apartment Design Guide for Apartment Size and Layout. The floor plan shall be reconfigured to demonstrate compliance with this requirement.

 

e.        The second floor bedroom no. 2 of Unit 6 and 7 shall be converted into a study and the associated robe area and the internal wall between bedroom no. 2 and the hallway be deleted from the plans to comply with the Apartment Design Guide for Apartment Size and Layout.

 

f.        The third floor west-facing balconies of Units 6 and 7 must have a minimum depth of 2.9 metres. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies. 

 

g.       A communal open space shall be provided along the full width of the western boundary (between the northern boundary and the fire stairs) with a minimum depth of 3 metres. The planter box to the northern boundary shall be deleted and a suitably sized pedestrian pathway must be extended to the rear communal open space area. Details to be submitted to Council’s Manager Development Assessment for approval prior to issuing a construction certificate for the development.

 

h.       The proposed louvres located in front of the window openings along the northern and southern elevation at the first, second and third floor level must be operable.

 

i.         Materials and finishes of the building should be compatible with material and finishes of adjacent buildings to enhance the consistency of the street edge on the western side of Dutruc Street. 

 

j.        A privacy screen having a height of 1.6m above floor level must be provided to the full northern edge of the third floor balcony (unit 6).  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

k.        The following windows must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·            Ground floor, north-facing bathroom window (unit 2)

·            Ground floor, north-facing ensuite window (unit 2)

·            Ground floor, north-facing bedroom no. 1 and 2 windows (unit 2)

·            First floor, north-facing bedroom no. 2 windows (unit 3)

·            First floor, north-facing bedroom no. 2 windows (unit 4)

·            First floor, south-facing study, kitchen and dining windows (unit 3)

·            First floor, south-facing study, kitchen and dining windows (unit 4)

·            Second floor, north-facing study windows (unit 6) 

·            Second floor, north-facing bedroom no. 2 windows (unit 5)

·            Second floor, south-facing study windows (unit 7)

·            Second floor, south-facing study, kitchen and dining windows (unit 5)  

·            Third floor, north-facing dining and kitchen windows (unit 6)

·            Third floor, north-facing bedroom no. 2 windows (unit 8)

·            Third floor, south-facing study, kitchen and dining windows (unit 8)

·            Third floor, south-facing dining and kitchen windows (unit 7)

 

l.         The current tenants within the boarding house shall be:

 

i)         Provided with a minimum of 3 months’ Notice to Vacate.

 

ii)        Suitable evidence must be demonstrated that the current tenants are assisted in finding alternative comparable accommodation. This shall include verified and genuine efforts in making enquiries with local real estate agents and or relevant community housing providers.

 

Affordable Rental Housing Component

3.        A plan to be submitted to Council’s Manager Development Assessment for approval identifying units 1, 3, 4 & 5 to be dedicated to affordable rental housing.

 

The specific dwellings identified for affordable rental housing shall be indicated on the stamped approved Construction Certificate plans, a copy of which should be submitted to Council.

 

a.        The dwellings to be used for the purposes of ‘affordable rental housing’, as per the provisions of the SEPP shall be used as such for at least 10 years from the date of the issue of the occupation certificate.

 

b.        The affordable rental housing component (secured for a minimum of 10 years) must be managed by a registered Community Housing Provider (CHP).  The CHP must ensure compliance with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

 

c.        A restriction must be registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with Section 88E of the Conveyancing Act 1919 that will ensure that the requirements a. and b. are met and that the terms of restriction may not be varied without Council’s consent.

 

d.       Prior to an occupation certificate being granted, evidence must be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

 

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

4.        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

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

 

In addition to the above, section plans and details of the facades at 1:50 scale are to be submitted to Council’s Manager Development Assessment for approval, in accordance with Section 80A (2) of the Environmental Planning & Assessment Act 1979 prior to construction certificate being issued to ensure the proposed building displays design excellence in terms of its material quality and presentation to 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.

 

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 $2,754,084 the following applicable monetary levy must be paid to Council: $27,540.84.

 

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.

 

Security Deposit

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

 

·         $5000        -       Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

         

Street Tree Management

10.      The applicant must submit a payment of $107.25 (including GST) to cover the costs for Council to supply, plant and maintain 1 x 25 litre street tree, Tristaniopsis laurina (Watergum), on the Dutruc Street verge, an equal distance between the northern edge of the new crossing and northern site boundary at the completion of all works.

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9093-6613 (quoting the receipt number), and giving at least four working weeks notice (allow longer for public holidays or extended periods of rain) to arrange for planting of the new tree.

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

11.      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.

 

BASIX Requirements

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

 

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

 

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

 

Traffic conditions

13.      Adequate provisions are to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres. Details of compliance, to the satisfaction of the certifying authority, are to be included in the construction certificate documentation.

 

14.      Except when approved by Council, the vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

Design Alignment levels

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

 

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

 

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

 

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

 

16.      The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $704 calculated at $56.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

i.         Roof areas

ii.        Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

i.     Directly to the kerb and gutter in front of the subject site in Dutruc street/road; or

ii.    Directly to the kerb and gutter in Wood Lane via a private drainage easement; or

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g)     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.

 

h)     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.

 

i)       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).

 

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

 

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

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

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

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

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

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

 

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

 

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

 

m)     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.

 

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

 

o)      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.

 

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

 

Site seepage & Groundwater

19.      Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

 

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

 

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

 

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

 

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

                 

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

 

Waste Management

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

 

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

 

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

       

21.      The garbage room shall be sized to contain a minimum total of 9 x 240 litre bins (comprising 4 garbage bins, 4 recycle bins & 1 green waste) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

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

 

Landscape Plan

23.      The Certifying Authority/PCA must ensure that the Landscape Plan submitted as part of the approved Construction Certificate is substantially consistent with the Landscape Plan by Zenith Landscape Designs, dwg 15-3109 LO1, dated 18.01.17.

 

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

24.      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

25.      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

26.      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

27.      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

28.      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

29.      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.

 

Construction Traffic Management

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

 

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

 

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

 

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

 

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

 

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

 

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

 

          Public Utilities

33.      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.

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

35.      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

36.      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

37.      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

38.      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

39.      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

40.      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

41.      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

42.      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.

 

43.      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.

 

44.      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

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

 

Site Seepage & Stormwater

46.      Details of the proposed connection and or disposal of any site seepage, groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineering Coordinator, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

Details must include the following information:

·       Site plan

·       Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·       Volume of water to be discharged

·       Location and size of drainage pipes

·       Duration, dates and time/s for the proposed works and disposal

·       Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·       Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·       Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·       Details of compliance with any relevant approvals and licences

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

        Traffic Management

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

           Tree Removal

53.      Approval is granted for removal of the following trees, subject to full implementation of the approved Landscape Plan:

 

a)       Those self-seeded weed trees throughout the front setback, around the southeast corner of the existing dwelling, (T4, 4a & 5), being a Ligustrum lucidum (Large Leafed Privet), a Cinnamomum camphora (Camphor Laurel) and a Celtis australis (Nettle Tree).

 

b)       The mature Cinnamomum camphora (Camphor Laurel, T3) in the front setback, right in the northeast corner of the site, as despite being a large and prominent specimen, appears to be the ‘parent plant’ for the numerous self-seeded Camphors’ that are emerging nearby, which is evidence of its status as an undesirable environmental weed;

 

c)       The mature Howea fosteriana (Kentia Palm, T3a) immediately to its west, as despite being a desirable native species, is covered in an invasive vine, and is also in direct conflict with the front of the new building;

 

d)       The Ligustrum lucidum (Large Leafed Privet, T6) halfway along the length of the northern side setback, which is exempt from the DCP due to being classified as an invasive weed;

 

e)       The Eriobotrya japonica (Loquat, T7) just to its west in order to accommodate the proposed footprint in this same area as shown;

 

f)        The self-seeded tree growing out of the retaining wall in the rear yard, right in the northwest corner of the site;

 

g)       The large Morus nigra (Mulberry, T8) located centrally in the rear yard, close to the existing free-standing shed, as it in very poor condition, and is also exempt from the DCP due to being an invasive environmental weed;

 

h)       To the south, the Celtis sinensis (Nettle Tree, T14), the Date Palm seedlings and Cinnamomum camphora (Camphor Laurel, T13) in the existing raised garden bed;

 

i)        The Laurus nobilis (Bay Tree, T12) in the lawn area, given its poor condition arising from an existing lean to the southeast and past wounds, as well as its direct conflict with the new footprint;

 

j)        The various shrubs/small trees around the southwest corner of the site, including the Citrus (T11) along the southern boundary, and the larger Celtis sinensis (Nettle Tree, T10) to its west, against the blockwall, right in the southwest corner, at the end of Wood Lane;

 

k)       The Persea americanna (Avocado, T9) to the north of those described above, on the western boundary, closest to the shed/garage, as despite the Arborists Report recommending its retention, it is not significant in anyway, with a replacement tree provided as part of the approved landscape scheme to be of more benefit to the site and area into the long-term.

 

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

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

 

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

 

BASIX Requirements

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

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

b)      Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

c)      Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements including any road reknit as required.

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

 

57.      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.

 

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

 

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

 

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

 

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

 

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

 

Car Stacker installation

59.      The proposed Wohr carstacker system must be fully installed and operational prior to the issuing of any occupation certificate.

 

Sydney Water Requirements

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Strata Certificate, whichever the sooner.

 

Undergrounding of Power

61.      At no cost to Council, the existing overhead power feed between the mains distribution pole in Dutruc Street and the development site shall be relocated underground via a UGOH connection. All work shall be to the requirements and satisfaction of Ausgrid.

 

Stormwater Drainage

62.      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.

 

63.      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).

 

64.      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.

 

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

 

Landscaping

66.      Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed in accordance with the Landscape Plan by Zenith Landscape Designs, dwg 15-3109 LO1, dated 18.01.17.

 

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

 

68.      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.

 

Waste Management

69.      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.

 

70.      The waste storage areas shall be clearly signposted.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’ or ‘Strata Certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

71.      The subdivision plans shall be amended to incorporate the rear communal open space area as specified within Condition no. 2(f) prior to the endorsement of the strata plans.

 

72.      A formal application for a strata certificate is required to be submitted to and approved by Council or an accredited certifier and all relevant conditions of this development consent are required to be satisfied.

 

73.      All floors, external walls and ceilings depicted in the proposed strata plan must be constructed.

 

74.      All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in this development consent and construction certificate for the building.

 

75.      A copy of the Base Plan of Survey (eg Plan of Redefinition) shall be forwarded to Council prior to endorsement of the Strata plans.

 

76.      Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier.

 

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

 

The “restriction on the use of land” and “positive covenant” are to be prepared and specified 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 City Services Department.

 

78.      The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

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.

 

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

 

External Lighting

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

 

Street Numbering

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

 

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

 

Plant & Equipment

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

 

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

 

Swimming/Spa Pools

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

 

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

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

 

Air Conditioners

84.      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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

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

 

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

 

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

 

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

 

 

Attachment/s:

 

1.

Executive Report 40 Dutruc Street, Randwick (Planning Committee Meeting on 11 October, 2016)

 

 

 

 


Executive Report 40 Dutruc Street, Randwick (Planning Committee Meeting on 11 October, 2016)

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D84/16

 

Subject:              40 Dutruc Street, Randwick (DA/895/2015)

Folder No:                DA/895/2015

Author:                     Matthew Choi, Senior Environmental Planning Officer      

 


Proposal:                  Demolition of all structures on site and construction of a new four storey residential flat building containing eight units, basement car parking for nine vehicles and associated site and landscaping works and strata subdivision (variation to building height)

Ward:                        North Ward

Applicant:                MHN Design Union

Owner:                     Dutruc Holdings Pty. Ltd.

Summary

Recommendation:   Approval

http://interactivemapping/Geocortex/Essentials/prod/REST/TempFiles/Export.jpg?guid=be550e10-bca3-4399-aa6b-22d6315b368b&contentType=image%2Fjpeg

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

 

Development Application Executive summary report

 

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

 

 

Proposal

 

The proposal involves the demolition of all structures on site and construction of a new four storey residential flat building containing eight units including four affordable housing units, basement car parking for nine vehicles and associated site and landscaping works and strata subdivision (variation to building height)

 

Site

 

The subject site is known as 40 Dutruc Street and formally described as Lot 1 in DP 77514. The site is a rectangular shaped allotment with a combined frontage width of 12.575 metres, a side boundary depth of 42.19 metres (northern) and 42.255 metres (southern) and an overall site area of 524.8sqm.

 

Neighbouring the site to the north, south and west of the subject site are existing four storey residential flat buildings which comprise of car parking located at grade with residential units above. To the east on the opposite side of Dutruc Street is a pair of two storey free standing dwelling houses. The subject site is immediately adjacent to a number of heritage items on the opposite side of Dutruc Street at nos. 11A, 15 and 21 Dutruc Street and heritage conservation area known as the St. Marks heritage conservation area. The site is neither a heritage item or located within a heritage conservation area. The immediate locality consist of a mixture of low to medium density residential development with residential flat buildings that comprise of four storeys in scale on the western side of Dutruc Street and single to two storey detached dwelling houses on the eastern side of Dtruc Street.

 

An approved two storey boarding house is currently occupied on the subject site.

 

Development History:

 

The applicant submitted amended plans on the 1 August 2016 which included the following modifications to the original design scheme.

 

·     Increase setback to 2 – 2.3 metres from the northern side boundary

·     Reduce setback to 2.3 metres from the southern side boundary

·     Reduce floor area of unit no.1

·     Increase setback of common core areas by 500mm from the northern side boundary and 300mm from the southern side boundary

·     Relocate fire exit no. 2 ramp with additional setback from southern side boundary

·     Reposition planter boxes along the southern side boundary 

·     Installation of new external louvre screens infront of north and south-facing window openings at the first, second and third floor levels.

·     Minor alterations to the location and sizes of window openings

·     New clerestory windows at the roof top level

·     Increase height of lift overrun

·     View loss assessment

·     Clause 4.6: Exceptions to Development Standards to building height.

 

 

 

Clause 4.6: Variations to a Development Standard

 

Height of Buildings

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

 

Proposed height of building 

12.13 metres

Maximum permissible height of building 

12 metres

Height of building exceeding LEP control

150mm (1%)

 

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

 

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

 

 

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

 

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

 

2.       The objectives of this clause are as follows:

 

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

 

Assessment:

The proposed development will result in a minor breach to the height of buildings requirements within three areas. The lift overrun will result in a building height of 12.1 metres (as measured from the existing finished floor level of the boarding house), the main ridge of the roof to the western portion of the building at 12.13 metres and the main ridge of the front roof to the eastern portion of the building at 12.15 metres. The exceedance from the Council control is minor and does not contribute to any adverse visual bulk and scale impacts that are visible from the existing streetscape setting. The minor breach will remain in keeping with the streetscape setting given the proposed development will remain well within the building height plane of the neighbouring buildings to the north and south at nos. 32-38 and 42 Dutruc Street. The development will also continue to respect the topography of the site as the building blocks slope away from north to south and will fit comfortably within the existing streetscape context, in particular the larger scale forms of development immediately adjoining the subject premises. The minor breach is acceptable and will remain compatible with the desired future character of the locality.

 

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

 

Assessment:

The subject site is located within close proximity to the St. Marks Heritage Conservation Area and the heritage items located on the opposite side of Dutruc Street consisting of no. 11A and 15 Dutruc Street described as a ‘Pair of Victoria Terraces’ (item no. I360), 21 Dutruc Street described as ‘Victorian Italiante Villa’ (item no. I361) and 62 St Marks Road described as a ‘Group of Italianate House’ (item no. I442). The non-compliance to the height standard is marginal and will not compromise the heritage setting of the heritage conservation area in considering it remains compatible with the four storey scale of the residential flat buildings within Dutruc Street. Council’s heritage planning officer has reviewed the development application and has no objection to the development.

 

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

 

Assessment: 

The areas of non-compliance to the building height will not contribute to any additional shadowing impacts to the immediate southern neighbour and will generally fall on the subject site itself given the low pitched nature of the roof form. The bulk and scale of the development is considered to be reasonable given the general compatibility with the four storey character of the adjoining buildings and its overall consistency being within the building height plane. Finally, the additional building height does not result in any overlooking impacts or view loss impacts from the neighbouring buildings. 

 

2.       Consistency with the objectives of the R3: Medium Density Residential Zone 

 

        Objectives of zone:

 

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

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

 

Assessment:

The proposed demolition of the existing boarding house and construction of a new four storey residential flat building with infill affordable housing component is a permissible form of development as per the SEPP (Affordable Rental Housing) 2009 and will generally comply with the objectives of the R3: Medium Density Residential zoning. The current building scheme comprises of a four storey scale which will remain consistent with the adjoining residential flat buildings in particular located on the western side of Dutruc Street and will be compatible with the building heights of the neighbouring buildings in particular those that immediately adjoin the subject premise at nos. 32-38 Dutruc and 42 Dutruc Street. The minor breach to the building height will not contribute to any adverse visual bulk and scale impacts and will fit comfortably within the site which demonstrates compliance with the relevant building envelope controls including setbacks (as conditioned), landscaping, floor space and providing for appropriate building depths. Furthermore, the materials and finishes of the built form encompass a predominant facebrick finish that will be commensurate with the character of the 1960’s – 1970’s residential flat buildings to the north and south of the subject site. Finally, the amenity impacts are considered reasonable in terms of shadowing considering the inherent site constraints of the east/west facing configured allotments and will not contribute to any adverse visual privacy, views and visual bulk and scale amenity impacts.  

 

3.     Consistency with the State and Regional Planning Policies

 

Assessment:

The proposed development is consistent with the State Planning Policies with respect to the State Environmental Planning Policy (Affordable Rental Housing) 2009, the State Environmental Planning Policy 65 – Design Quality for Residential Apartment Development and State Environmental Planning Policy (Building Sustainability Index: BASIX).

 

4.     The variation for a better planning outcome

 

Assessment:

The design scheme adopts a four storey scale and will fit comfortably within the subject allotment. The additional building height does not contribute to any unreasonable bulk that will form a detracting feature compromising the streetscape character and the development will continue to comply with the building envelope objectives with regards to appropriate setbacks, building height and areas to provide adequate landscaping. As prescribed above, the variation to the building height development standard will not contribute to any significant adverse environmental impacts to the neighbouring dwellings with respect to amenity impacts of solar access, overshadowing and views.

 

5.     There are sufficient environmental grounds to permit the variation

 

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

 

·     The additional building height is considered to be marginal and the degree of non-compliance is limited to a maximum of 100mm - 150mm at three areas of the built form. The additional building height is insignificant and will not compromise the appearance of the building within the existing streetscape setting. The height of the proposed building will generally remain compatible with the adjoining neighbours.

 

·     The front (eastern) roof consists of a ridge level at RL84.4 of the new development will comfortably fit within the established building height plane to the adjacent dwellings at nos. 32-38 and 40 Dutruc Street with a main ridge level of the roof form at RL88.34 and RL83.90. The minor non-compliance does not give rise to any perceivable visual bulk and scale impacts and the apparent massing of the development will remain compatible with the context of the local street character.

 

·     The proposed building height will provide a reasonable level of amenity to the neighbouring buildings. In terms of overshadowing, the additional building height from the lift overrun and the main ridge of the front and western end of the roof will not cast any additional shadowing to the adjoining neighbouring buildings and is likely to fall on the subject site itself. In addition to this, the area of non-compliance does not contribute to any visual privacy or view loss impacts from the adjoining dwellings. The development is satisfactory in providing a reasonable level of amenity to the neighbouring buildings.   

 

6.       The Variation is within the Public Interest

 

Assessment:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Comments:

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

 

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

 

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

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified between the dates of the 13 January to the 28 January 2016 of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the notification process:

 

1/2 Wood Street, Randwick

2/2 Wood Street, Randwick

4/2 Wood Street, Randwick

5/2 Wood Street, Randwick

6/2 Wood Street, Randwick

6/32-38 Dutruc Street, Randwick

9/32-38 Dutruc Street, Randwick

Owners Corporation of SP6266 (32-38 Dutruc Street, Randwick)

1/42 Dutruc Street, Randwick

2/42 Dutruc Street, Randwick

3/42 Dutruc Street, Randwick

4/42 Dutruc Street, Randwick

5/42 Dutruc Street, Randwick

6/42 Dutruc Street, Randwick

7/42 Dutruc Street, Randwick

8/42 Dutruc Street, Randwick

9/42 Dutruc Street, Randwick

 

·     The proposal will result in a non-compliant rear setback.  

 

Assessment: Noted. Refer to key issues within this report for further details.

 

·     The proposal will result in adverse visual privacy impacts.

 

Assessment: Noted. Refer to key issues within this report for further details.

 

·     The proposal will result in adverse acoustic noise impacts.

 

Assessment: The proposed development is not expected to contribute to any adverse acoustic noise impacts to the neighbouring dwellings. The proposed residential flat building will comply with the controls and objectives of Clause 5.4: Acoustic Privacy of the RDP2013. A condition of consent has been included that the residential flat development be setback a minimum of 6.33 metres from the rear boundary in order to provide ample building separation from the proposed development to the rear adjoining neighbours and is consistent with demonstrating full compliance with the rear setback control of Council’s RDCP2013.  The noise generated from the front and rear balcony structures are acceptable given the balconies comply with the minimum area requirements as prescribed within the ADG and are considered to be an ancillary form of development to a residential flat development within an R3: Medium Density Residential zoning. 

 

·     The proposal will result in adverse solar access and overshadowing impacts.

 

Assessment: Noted. Refer to key issues within this report for further details.

 

·     The proposal will result in view loss impacts.

 

Assessment: Noted. Refer to key issues within this report for further details.

 

·     The proposal will compromise the heritage significance of the adjoining buildings.

 

Assessment: The subject site is not a heritage item nor located within a heritage conservation area, however, immediately adjoins the St. Marks heritage conservation area. Subsequently, an assessment is required on the character of the building and its contributory elements to the existing streetscape setting. Council’s heritage planning officer has reviewed the development application and advised that the large group of residential flat buildings on the western side of Dutruc Street forms an edge of a generally consistent scale [4 storeys in building height] to the heritage conservation area on the eastern side of the street. As the subject site is on the opposite side of the street, the proposed development will not impact on the fabric of the buildings within the heritage conservation area and its isolated nature in the surrounding context will not significantly impact on the streetscape setting, or views to and from the St. Marks Heritage Conservation Area. Subsequently, the development is acceptable in complying with Clause 5.10: Heritage Conservation of the RLEP2012. 

 

·     The subject site is considered to be too narrow to accommodate the proposed development.

 

Assessment: The subject site consists of a frontage width of 12.275 metres along Dutruc Street. The frontage width is not considered to be insufficient in width to accommodate the proposed development in that the proposal will comply with the suite of building envelope controls including the floor space ratio, setbacks, landscaping and soft landscaping requirements (as per the SEPPARH2009). The minor departure to the maximum building height is restricted mostly to the rear portion of the development by 360mm and the lift overrun by 100mm and will not contribute to the perceivable visual bulk and scale of the development visible from the existing streetscape. Further, the departure to the external wall height will also align with the four storey scale of the neighbouring buildings to the north and south of the subject site and will be entirely compatible with the neighbouring buildings. The proposal will fit comfortably on the subject site and is sited and designed to response to the existing site context.  

 

·     The proposal will result in the removal of significant trees.

 

Assessment: Council’s landscape officer has reviewed the development application and the removal of 11 trees within the site are due to either its direct conflict with the footprint of the new development, have low or very low retention value or are exempt from Council’s DCP and are listed as an invasive weed. The trees that are covered by Council’s DCP including a Bay Tree has been observed to be in poor condition due to its existing lean to the south-east and would on the north-western side of its trunk

 

·     The proposal will result in a non-complaint provision of off-street parking.

 

Assessment: Noted. Refer to key issues within this report for further details.

 

·     The proposal will result in non-compliant landscaped area.

 

Assessment: The proposal will result in a minor non-compliance to the landscape requirements as prescribed within the RDCP2013. The Council controls require a minimum of 50% of the site area to be provided as landscaping (262.4sqm) and the proposal provides 48.6% of the site area to be provided as landscaping (255.24sqm) which results in a shortfall by 7.16sqm which is considered a minor variation from the Council control. The departure is considered to be minor to warrant refusal of the development application and will generally remain consistent with the objectives of landscaping. The development will retain sufficient areas of built and unbuilt upon land, will comply with the soft landscaping provisions (as required by the SEPPARH2009) for stormwater infiltration and the landscaped areas is suitably dimensioned to accommodate vegetative growth and the outdoor recreational needs of the occupants. The minor variation is acceptable in complying with the objectives for landscaped open space.

 

Notwithstanding the above, it should be noted that Clause 14(1)(c) of the SEPPARH2009 specifies that a consent authority must not refuse consent to development to which this division applies on the grounds of landscaped area: 

 

(i) in the case of a development made by a social housing provider – at least 35sqm of landscaped area per dwelling is provided, or

 

(ii) in any other case – at least 30 percent of the site area is to be landscaped.

 

The proposal will comply with the above SEPPARH2009 and will provide substantially more than the minimum required 30% of landscaped area. Subsequently, Council cannot refuse the application in its current form on the grounds of landscaped area.

 

·     The development application was lodged during Christmas and does not provide an ample opportunity for neighbours to provide a submission.

 

Assessment: The development application was lodged with Council on the 17 December 2015. The development application was formally notified to the adjoining neighbours between the dates of the 13 January 2016 to the 28 January 2016 to account for those away during the Christmas period. In addition, the application was renotified for the period of 1 April to the 15 April 2016 to correct an error in the description of the development in the original development. The application was also advertised within the local newspaper in accordance with Council’s notification policy.  

 

·     The proposal will result in the loss of property value.

 

Assessment: The loss of property value is not a matter of consideration under Section 79(c) of the Environmental Planning and Assessment Act, 1979 (as amended).

 

·     The proposal will demolish the existing boarding house and result in a loss of affordable housing.

 

Assessment: Noted. Part 3: Retention of existing affordable rental housing of the SEPPARH2009 has been considered as part of this assessment. Refer to the key issues within this report for further details.

 

·     The proposal will result in an overdevelopment of the site.

 

Assessment: The proposal does not contribute to an overdevelopment of the site. The development complies with the suite of building envelope controls including floor area, setbacks (as conditioned), landscaping and soft landscaping requirements as prescribed by the SEPP Provisions and the RDCP2013. The minor variation to the building height is limited to a small central portion of the rear yard and the south-western corner of the proposed development which seeks to vary the maximum building height by 130mm and 100mm, respectively. The increase to the building height is a result of a localized low point along the site and the development will generally remain compliant with the maximum permissible 12 metre building height limit. Across majority of the subject premises. 

 

 

·     The submitted statement of environmental effects contains inaccuracies.

 

Assessment: The submitted statement of environmental effects does not form part of the approved development consent.

 

·     The proposal is not considered to be affordable housing.

 

Assessment: The proposal involves allocating additional units as infill affordable housing development with development consent sought under the SEPPARH2009. Units 1, 3, 4 and 5 are all allocated as affordable housing as detailed by the submitted statement of environmental effects and are suitably conditioned as part of this consent.

 

·     The proposal will result in early construction hours.

 

Assessment: A suitable condition of consent has been included to restrict the permitted working hours for all building, demolition and site works. 

 

AS state, the owners of adjoining and likely affected neighbouring properties were re-notified between the dates of the 1 April 2016 to the 14 April 2016 of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The application was re-notified to correct the description relating to the number of off-street parking spaces. Two submissions were received. The key submissions have been outlined as above. 

 

The proposal was again re-notified between the dates of the 18 August 2016 to the 1 September 2016 to incorporate amended plans which include increase setback to the northern boundary to 2.3 metres, reduce southern boundary setback to 2.3 metres, reduce floor area of unit no. 1, reduce the floor level of the basement by 305mm, increase setback of lobby areas from the side boundaries, relocate fire exit stairs, delete planter along the southern boundary, install louvres to window openings along the northern and southern elevation, new skylight and clerestory windows to the roof level, increase height of lift overrun, minor internal reconfiguration of the floor layout with a variation to height of building control. No additional submissions were received with respect to the amended plans.

 

Key Issues

 

State Environmental Planning Policy (Affordable Rental Housing 2009)

 

Clause 16A – Character of local area

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

 

Compatibility of built form:

The proposed residential flat development when viewed from Dutruc Street will visually appear four storeys in building height. In considering the contextual nature of the existing buildings within the streetscape, the proposed built form will appear of a similar scale than those within the immediate vicinity of the subject site along Dutruc Street (which are typically four storeys in scale). The neighbouring buildings at nos. 18, 20, 22-24, 26-28 30, 32-38, 42 and 44 Dutruc Street all comprise of four storeys in scale and the proposal will be consistent with the built form character of the surrounding developments. In considering the building height, the new development will comfortably fit within the building height plane of the neighbourings buildings with an RL84.4 and will fit between the downhill neighbour at no. 42 Dutruc Street with the main ridge at RL83.9 and the uphill neighbour at no. 32-38 Dutruc Street with a height from the main ridge at RL88.34.

 

 

Furthermore, the proposed building envelope is generally compliant with the suite of building envelope controls including the setbacks, landscaping and soft landscaping requirements. The overall compliance with the building envelope controls illustrates a development that is of an appropriate scale and would be compatible with other permissible forms of development within an R3: Medium Density Residential Zone that would otherwise comply with Council’s controls. The non-compliance to the height is marginal with a variation of 1% and the included Clause 4.6: Exceptions to Development Standards is justifiable with respect to achieving compliance with the objectives for Building height. Subsequently, on merit the proposed flat building is compatible with the built form of the immediate locality given it represents one that is consistent with the envisaged streetscape character dictated by Council’s controls.

 

The additional floor space can also easily be accommodated within the site given the development will appropriately conform to the existing developments. The distribution of the FSR will achieve a similar bulk and scale as the neighbouring residential flat developments with regard to its four storey scale and its general compliance with the setbacks and landscaping represents a development that is in keeping to the existing street character.

 

In considering the above, the proposal is entirely compatible with the desired future character of the area and built form expectations as regulated by the built form controls.

 

Compatibility of use:

The proposed use is for the purposes of a ‘residential flat development’ and is a permissible form of development as exhibited by the RLEP2012 and SEPP (Affordable Rental Housing) 2009. The development is in keeping with other forms of medium density residential developments. 

 

http://interactivemapping/Geocortex/Essentials/prod/REST/TempFiles/Export.png?guid=4d78d8a8-6490-4de1-96f4-92f1f071e106&contentType=image%2Fpng

Image 1: Subject site and the RLEP2012 Zoning Maps

 

http://interactivemapping/Geocortex/Essentials/prod/REST/TempFiles/Export.png?guid=e70db5c3-2c0f-484c-9a2c-07e9958b23f5&contentType=image%2Fpng

Image 2: Subject site and the RLEP2012 Height of Buildings Map

 

Consistency with the objectives of the Residential Zone;

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

 

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

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

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

·     To protect the amenity of residents.

·     To encourage housing affordability.

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

 

The proposed development will comply with the objectives of the R3: Medium  Density Residential Zone and the appearance of the proposed development will be in harmony with the evolving nature of the streetscape.

 

The local character test is satisfied on this occasion.

 

State Environmental Planning Policy 65: (Design Quality of Residential Apartment Development)

 

Part 3F: Visual privacy

 

In order to achieve appropriate levels of visual privacy, the ADG requires a minimum building separation of 6 metres from habitable rooms to the side boundaries and 3 metres from non-habitable rooms for buildings less than 4 storeys in height. The current proposal includes a side setback of 1.5 metres from the lower ground and ground floor level and 2 metres at the first floor level. The proposal does not comply with the design criteria and represents a significant departure from the ADG requirements.

 

However, it is impractical to provide a compliant building separation to the southern boundaries in accordance with Part 3F-1: Visual Privacy given a 6 metre side setback physically constrains the site and significantly impacts the area that the site can be reasonably developed on. Therefore, a greater emphasis should be placed on the side setback controls as prescribed within the RDCP2013 in reasonably determining the appropriate building setback from the neighbouring dwellings and any visual privacy impacts should conform to the design guidance requirements and minimizing direct sightlines by adopting visual privacy measures. In terms of privacy impacts, the window openings at the first, second and third floor levels comprise of louvres in front of the window openings which will minimise any overlooking impacts to the adjoining habitable room windows and private open spaces of the northern and southern neighbouring dwellings. Further, to ensure a reasonable level of visual privacy a further condition has been included that the window have a minimum floor to ceiling height of 1.6 metres above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height.

 

With respect to the rear boundary setback, a suitable condition of consent has been included that the proposed residential flat development be setback a minimum of 6.3 metres from the western (rear) boundary in order to comply with the rear setback control and provide ample building separation to the rear adjoining neighbour at no. 2 Wood Street. The inclusion of the above condition will ensure the proposed development will demonstrate compliance with Part 3F: Visual Privacy. 

 

Part 4A: Solar and daylight access

 

Proposed development:

Part 4A: Solar and Daylight Access under the Apartment Design Guide specifies that living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of two hours of direct sunlight between 9am and 3pm at mid-winter. A maximum of 15% of apartments in a building must receive no direct sunlight between 9am – 3pm at mid-winter. The following apartments will receive the following direct solar access requirements in accordance with the SEPP controls:

 

Level

Unit no.

> 2 hours of solar access to living rooms and private open space

< 2 hours direct solar access to living rooms and private open space

No solar access to living rooms and private open space

G

1

 

 

 

G

2

 

 

 

1

3

 

 

 

1

4

 

 

 

2

5

 

 

 

2,3

6

 

 

 

2,3

7

 

 

 

3

8

 

 

 

Total

6

0

2

Percentage

75%

0%

25%

 

The east facing units (unit nos. 1, 3, 5 and 8) of the residential flat building will maintain a minimum of two hours of direct solar access to the living room and private open spaces between the periods of 9am – 11am and will comply with the ADG requirements. The third floor north-facing unit (unit no. 6) will maintain the required two hours of solar access to the top half of the living room windows and the west facing balcony between the hours of 11am – 1pm. The third floor south-facing unit (unit no. 7) will preserve more than two hours of solar access through the north-facing clerestory window opening to the living room areas and will receive the two hours of solar access to the west facing balcony during the afternoon period between the hours of 2pm and 4pm. Unit nos. 2 and 4 will not receive any direct sunlight and therefore 25% of the total number of apartments will not receive any direct solar access. The proposal will not comply with the ADG in that more than 15% apartments will receive no direct solar access.  

 

The proposed residential flat development cannot reasonably comply with the minimum requirements solar access requirements as prescribed within the ADG with respect to the surrounding site context. The immediate northern neighbour is elevated above the ground level (existing) of the subject site by approximately 2 metres and consists of an overall building height of approximately 14.85 metres. The difference in level, the extensive building height, the existing building depth which extends beyond the rear building alignment of the proposed development and the building being sited to the north of the subject site all contributes to an unreasonable level of overshadowing being cast to the north-facing window openings. Therefore there are difficulties in achieving the maximum 15% of the apartments in particular given the extent of shadows cast by the existing development. The variation from the design criteria requirements is acceptable given the proposal will generally comply with the objective of Part 4A with the development optimizing the amount of sunlight to habitable rooms, primary windows and areas of private open spaces. The strategic room layout provides for living spaces at the third floor level to units 6 and 7 adopting a split level design with north-facing clerestory windows to maximize sunlight to the southern orientated apartments. Further, the location of the balconies along the north-eastern corner will ensure they receive a minimum of two hours of solar access during the early morning period.

 

Notwithstanding the above, the applicant has submitted amended plans which includes a ‘bronze coloured metal vertical louvres added to articulate the façade’ on the amended plans received by Council on the Revision B plans dated on the 14 July 2016. However, the louvres have the potential to minimise the amount of direct solar access received to the window openings. No details have been provided on whether the louvres are operable or not and therefore a suitable condition of consent has been included to ensure adequate solar access is received into the first, second and third floor north-facing windows.

 

Neighbouring Development:

Part 3B: Orientation specifies that overshadowing of neighbouring properties is minimised during mid-winter and that compliance must be demonstrated within Part 4A: Solar and Daylight Access within the ADG. Part 4A specifies that living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of two hours of direct sunlight between 9am and 3pm at mid-winter. A maximum of 15% of apartments in a building must receive no direct sunlight between 9am – 3pm at mid-winter.

 

The southern neighbouring building (no. 42 Dutruc Street) consists of a four storey residential flat building with parking at grade and residential units above. The floor layout consists of three residential apartments at the first, second and third floor levels of the building with a total of nine residential apartments. Of the nine residential apartments, three apartments consist of a directly easterly orientation, three apartments with a northerly orientation and three apartments with a southerly orientation.

 

Level

Unit no.

> 2 hours of solar access to living rooms and private open space

< 2 hours direct solar access to living rooms and private open space

No solar access to living rooms and private open space

1

North facing

 

 

 

1

East facing

 

 

 

1

South facing

 

 

 

2

North facing

 

 

 

2

East facing

 

 

 

2

South facing

 

 

 

3

North facing

 

 

 

3

East facing

 

 

 

3

South facing

 

 

 

Total

4

0

5

Percentage

44%

0%

55%

 

The east-facing apartments fronting Dutruc Street will retain the required two hours of solar access to the living room windows and the private open space between the hours of 9am – 11am. The south-facing apartments, as existing, do not retain any solar access to the living room windows and balconies. The north-facing apartments will receive reduced solar access from the proposed development. The first and second floor living room window openings and the private open space will receive no direct solar access. However, the third floor living room windows and balconies will retain the required two hours of direct solar access between the hours of 11am – 1pm with shadowing falling on the bottom of the window sill. The proposed development does not comply with the ADG requirements in that less than 70% of the apartments will receive the required two hours of direct solar access and more than 15% of the apartments will receive no direct solar access.   

  

In considering the merits of the proposal, the variation to the minimum solar access requirements is directly attributed to the constraints of the site. The additional overshadowing cast to the north-facing living room windows and balconies at the first and second floor levels arises due to the unfavourable orientation of the site as an east/west facing allotment. The east/west facing development pattern along Dutruc Street results in continual shadowing to the northern elevation of the southern neighbour along the urban block and is considered to be a constraint of the site. The proposed shadows cast to the southern neighbour are not a consequence of a poorly configured building envelope given the built form fits comfortably within the subject allotment. The development complies with the relevant building envelope controls including floor space ratio, setbacks, landscaping and deep soil areas which all constitutes a typically compliant envelope that is envisaged within Council’s controls. The minor breach to the maximum building height along the south-western corner by 100mm will not significantly compromise the amenity of the neighbouring buildings and a compliant building height will continue to shadow the first and second floor north-facing window openings and balconies. Furthermore, a compliant external wall height consistent with the DCP requirements at 10.5 metres (with the additional 1.5 metre to allow for a roof form) will not result in any net improvement to the solar access received to the southern neighbour with the shadowing still expected to fall on the top of the window sill to the second floor north-facing living rooms and private open spaces will remain shadowed by the proposed development. In considering the above, it is clear the shadowing impact to the southern neighbour is inevitable and a compliant building envelope will not improve the expected shadowing from a fully compliant scheme. In this instance compliance with Part 4A: Solar Access and Daylight is unachievable and therefore the variation from the minimum requirements is acceptable.

 

Part 4D: Apartment size and layout

 

The minimum requirements under the ADG prescribes that apartments must have a minimum width of 4 metres for living and combined living/dining rooms for 2 bedroom apartments. In addition to this, bedrooms must have a minimum dimension of 3 metres (excluding wardrobe space). The proposed apartment size and layout comprises of the following non-compliances.

 

ADG design criteria

Proposed

Non-compliance

Living rooms or combined living/dining rooms have a minimum width of 4 metres for 2 bedroom apartments.

Units 6 and 7 – 3.5 metres

500mm

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

Units 6 and 7 – 2.5 metres

500mm

Living rooms or combined living/dining rooms have a minimum width of 4 metres for 2 bedroom apartments.

Units 2, 3, 4, 5 and 8 – 3.8 metres

200mm

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

Units 2, 3, 4, 5 and 8 – 2.8 metres

200mm

 

Living rooms and bedroom Units 6 and 7:

The living room areas to unit nos. 6 and 7 at the third floor level do not comply with the minimum width under the ADG at 3.5 metres and is 500mm less than the minimum requirements. However, the departure from the design criteria requirements of the ADG is acceptable. The living areas will generally comply with the design guidance of the ADG given the apartment is configured as a two storey apartment with the living rooms at the third floor level and the bedrooms at the second floor level. The two storey nature of the apartments will minimise the number of openings and separates the living and bedrooms of the apartment. The living areas also provide for a high level of amenity with dual aspect apartments in addition to clerestory windows which provide for a northern aspect to both apartments. Finally, the apartment configuration provides for a suitable room depth at 7 metres (as conditioned) and the rectangular shape will allow for flexibility of room arrangements and be easily furnished.

 

With regards to bedroom no. 2, to ensure the bedrooms will comply with the minimum dimension requirements of the ADG a suitable condition of consent has been included to read as follows:

 

·     The second floor bedroom no.2 of Unit 6 and 7 must have a minimum width of 3 metres measured from the inner face of the western external face to the wardrobe to comply with the Apartment Design Guide for Apartment Size and Layout. The floor plan shall be reconfigured to demonstrate compliance with this requirement.

 

Living rooms and bedroom Units 2, 3, 4, 5 and 8:

Unit nos. 2, 3, 4, 5 and 8 all contain a similar floor plan and do not comply with the minimum living room width for two bedroom units under the ADG with a room depth of 3.8 metres. The minor non-compliance is acceptable given the living room provides for dual aspect and has an extensive apartment depth of approximately 10.2 metres. The living spaces are suitably sized to accommodate the living room functions of the occupants and will generally comply with the design guidance requirements. The minor variation is acceptable in this instance.

 

The bedroom nos. 1 and 2 of unit nos. 2, 3, 4, 5 and 8 are also non-compliant to the minimum bedroom requirements in achieving a minimum width of 3 metres (excluding wardrobe areas). Bedroom nos. 1 and 2 contain a bedroom width of 2.8 metres, as measured from the internal face of the northern external wall to the wardrobe, 200mm less the minimum requirements. The variation from bedroom no. 1 is acceptable given the room provides immediate access to the private open space and contains two aspects. Bedroom no. 2 represents a minor variation to the minimum width requirements and will continue to achieve a minimum area of 9sqm. The bedroom no. 2 arrangement also includes window openings along the full length of the external wall and will provide suitable amenity in terms of natural daylight and ventilation. The variation from the ADG is acceptable and will serve the intent of the design guidance by providing a reasonable level of amenity.

 

Part 4E: Private open space and balconies 

 

The ADG requires that two bedroom apartments consist of a minimum area of 10sqm with a minimum depth of 2 metres. The current balcony configuration at the first, second and third floor levels do not comply with an area of 9sqm. In order to provide a reasonably sized balcony to accommodate the outdoor recreational needs of the occupants within the building a suitable condition of consent has been included to ensure the balconies comply with the minimum ADG requirements. The following conditions of consent have been recommended as part of any development consent:

 

a.   The first, second and third floor east-facing balconies shall have a minimum width of 4 metres (excluding the area covered by the external louvres) as measured from the northern-eastern edge of the balcony. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies.

 

b.   The first floor west-facing balcony shall have a minimum width of 4 metres (excluding area covered by the external louvre) as measured from the north-western edge of the balcony. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies.

 

c.    The third floor west-facing balconies of Units 6 and 7 must have a minimum depth of 2.9 metres. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies. 

 

The increase to the proposed balconies will not compromise room layouts as prescribed within Part 4D: Apartment Size and Layout with the bedrooms compliant with the minimum bedroom size requirements of 9sqm, the apartments will remain above the minimum internal area requirements and the living/dining will remain suitably sized in that they will continue to receive a high level of amenity into the living spaces. The increase to the balconies will provide the apartments with a functional open space whilst remaining contained within the building envelope. There will be no increase in impacts on adjacent properties as a result of the increase in balcony size. 

 

Randwick Development Control Plan 2012

 

        Part C2: Medium Density Residential

 

Clause 2.3.2: Communal Open Space

 

The proposed development does not provide any communal open space within the premise and is inconsistent with Council’s objectives of the RDCP2012 and the design criteria within the ADG requirements for communal open space. The RDCP2012 specifies the following:

 

i)      Communal open space for multi dwelling house and residential flat building is to be:

       

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

(b)    Designed for passive surveillance;

(c)    Well oriented with a preferred northerly aspect to maximize solar access;

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

 

In addition to this, the design criteria within the Apartment Design Guide specify:

 

1.     Communal open space has a minimum area equal to 25% of the site

2.     Developments achieve a minimum of 50% direct sunlight to the principal usble part of the communal open space for a minimum of 2 hours between 9am and 3pm on 21 June

 

The lack of communal open space accommodated to the premise is not supported. The applicant has identified the proposed southern side passage way to be utilized as the area for common open space, however this area is neither suitably dimensioned or provide any opportunities for individual or group recreation and activities. The proposed development provides for an appropriate area to incorporate communal open space located at the rear of the site which will enjoy a northern aspect, is co-located with the deep soil areas, can be easily identifiable and accessible by adjoining to the northern side common circulation space and provide for the minimum dimensions of 3 metres whilst complying with the suitable areas for private open space to the ground floor unit no. 2. In considering the above, a suitable condition has been recommended as part any development consent.

 

·     A communal open space area with a minimum depth of 5m x 5m shall be provided within the north-western corner of the subject site and suitably sized stairs shall be constructed to provide access from the basement to the first floor communal open space area. Details to be submitted to Council’s Manager Development Assessment for approval prior to issuing a construction certificate for the development.

 

Clause 3.4.3: Rear Setback

 

The Council controls require a minimum rear setback of 15% of the allotment depth or 5 metres, whichever is the greater. The proposed development consists of a rear setback of 5.8 metres which is less than 15% of the allotment depth at 6.33 metres. The variation from the Council control will contribute to the overall building depth of the residential development and will extend beyond what is reasonably expected from a compliant building envelope. Further, a compliant setback will provide ample building separation to the rear adjoining neighbour which would also demonstrate compliance with Part 3F: Visual Privacy as per the ADG requirements. The ADG requires that a building height of up 12 metres (4 storeys) should be setback a minimum of 6 metres from the rear boundaries to provide compliant visual separation to the neighbouring developments. To improve the building separation, a suitable condition has been recommended as part of any development consent:

 

·     The proposed development shall be setback a minimum 6.3 metres from the western (rear) boundary. 

 

The increased rear setbacks will not compromise the room sizes in that the living rooms at the ground, first and third floor levels and the bedroom at the second floor level will generally comply with the design guidance of the ADG requirements. 

 

Clause 4.1: Building Façade

 

The RDCP2013 prescribes that new developments must avoid massive or continuous unrelieved blank walls and may be achieved by dividing building elevations into sections, bays or modules of not more than 10 metres in length. The proposed development does not comply with the controls in that the proposed development results in an unrelieved wall length of 15.1 metres. The departure from the controls is acceptable in considering the objectives for building façade. The objectives specify the following:

 

·     To ensure building facades are articulated to complement and enhance the streetscape and neighbourhood character.

·     To encourage contemporary and innovative design to establish a preferred neighbourhood character in new and transitional development.

 

The lack of building articulation along the external walls of the building will remain in keeping with the character of the existing residential flat buildings on the northern and southern sides of the building. The northern and southern neighbour represent four storey built forms with extensive unrelieved wall lengths that is characterised by the 1960’s - 70’s walk up flat buildings. Beyond the immediately adjoining neighbours this building façade has been typified with a number of the existing flat buildings along the western side of Dutruc Street comprising 18, 20, 22-24, 26-28 30, 32-38, 42 and 44 Dutruc Street. In addition to this, the single material face brick finish to the external walls of the building will remain consistent with the finishes of the neighbouring building blocks all of which will remain complementary to the street and is a positive contribute to the makeup of the flat developments within this section of Dutruc Street. Notwithstanding this, it should also be noted that Council’s heritage planning officer has recommended that a suitable condition of consent be included that the materials and finishes of the building should be compatible with material and finishes of adjacent buildings to enhance the consistency of the street edge on the western side of Dutruc Street. 

 

Clause 4.4: External Wall Height

 

The residential flat building will result in an external wall height of 11.98 metres which is a significant variation from the maximum permissible external wall height control of 10.5 metres by 14%. However, in considering the existing bulk and scale of the neighbouring developments the variation to the external wall height and is appropriate within the context of the streetscape. The neighbouring buildings are characterised by four storey residential which similarly consist of extensive external wall heights and building heights which would typically exceed Council’s current controls. The proposed development will fit comfortably within the existing building height plane between the immediately adjoining buildings to the north and south when measured from the main ridge of the existing developments. Furthermore, the external walls will continue to relate to the sloping nature of the topography with a fall across the site frontage from north to south. The proposed external wall will be lower than the northern neighbour (located on the uphill side of the allotment) and above the southern neighbour (located on the downhill side of the allotment). Subsequently the visual bulk of the development will not be incompatible with the surrounding natural and built context. With respect to the massing, as indicated within Section 4.1: Building Facades the external wall treatment including the unrelieved wall length and the predominant face brick finish are characteristics of the neighbouring buildings and the external wall length will generally align with the topography of the site.

 

The additional wall height is not expected to contribute to any adverse amenity impacts with respect to solar access, visual privacy and views and will continue to provide a reasonable level of amenity to the neighbouring premises. The variation to the wall height is acceptable in this instance.

 

Clause 5.5: View Loss:

 

A number of objections were received from the immediately adjoining northern and western neighbours at nos. 32-36 Dutruc Street and no. 2 Wood Street with regards to potential view loss impacts. A site inspection carried out on the 19 May and the 23 May 2016 to the affected apartments. The proposed development is not expected to contribute to any adverse view loss impacts to the neighbouring dwellings:

 

View from the east facing sunroom window from 4/2 Wood Street, Randwick at the second floor level.

 

View from the east facing sunroom window from 6/2 Wood Street, Randwick at the third floor level.

 

View from the south-facing bedroom window from 9/32-38 Dutruc Street, Randwick at the second floor level

 

View from the south-facing kitchen window from 9/32-38 Dutruc Street, Randwick at the second floor level.

 

View from the south-facing bedroom window from 10/32-38 Dutruc Street, Randwick at the third floor level.

 

As seen from the images above there are no existing water or iconic views that are visible from the neighbouring dwellings. The loss of outlook of the existing vegetation is not considered to be a view that is worthy of retaining and will not compromise the amenity of the neighbours. The proposal will remain consistent with Clause 5.5: View Sharing and comply with the planning principles for view sharing under Tenacity Consulting vs. Warringah Council [2004] NSWLEC140.  

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

 

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The demolition of the existing boarding house and construction of a new four storey residential flat building containing eight units which include 4 infill affordable housing units, basement parking for nine vehicles, associated site and landscaping works and strata subdivision will not contribute to any unreasonable adverse impacts to the neighbouring dwellings and will remain in keeping with the streetscape character. The variation to the building height is consistent with the objectives of Clause 4.3 and does not give rise to any adverse visual bulk and scale or compromise the amenity of the neighbouring dwellings.

 

The inclusion of non-standard conditions regarding an additional rear setback of the building will provide suitable building separation in particular to the western neighbour. In terms of solar access and overshadowing the building generally satisfies the design criteria of Part 3B: Orientation and is acceptable in terms of the amount of solar access received in considering the overall site constraints. 

 

The subject application is recommended for approval.

 


 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 895/2015 for the demolition of all structures on site and construction of a new four storey residential flat building containing eight units, basement car parking for nine vehicles and associated site and landscaping works and strata subdivision (variation to building height), at No. 40 Dutruc Street, Randwick NSW 2031 subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

        Amendment of Plans & Documentation

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

 

a.      The proposed development shall be setback a minimum 6.3 metres from       the western (rear) boundary.

 

b.      The first, second and third floor east-facing balconies shall have a minimum width of 4 metres (excluding the area covered by the external louvres) as measured from the northern-eastern edge of the balcony. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies.

 

c.      The first floor west-facing balcony shall have a minimum width of 4 metres (excluding area covered by the external louvre) as measured from the north-western edge of the balcony. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies.

 

d.     The second floor bedroom no.2 of Unit 6 and 7 must have a minimum width of 3 metres measured from the inner face of the western external face to the wardrobe to comply with the Apartment Design Guide for Apartment Size and Layout. The floor plan shall be reconfigured to demonstrate compliance with this requirement.

 

e.      The second floor bedroom no. 2 of Unit 6 and 7 shall be converted into a study and the associated robe area and the internal wall between bedroom no. 2 and the hallway be deleted from the plans to comply with the Apartment Design Guide for Apartment Size and Layout.

 

f.      The third floor west-facing balconies of Units 6 and 7 must have a minimum depth of 2.9 metres. Each balcony must have a total area of 10sqm and comply with the Apartment Design Guide for Private Open Space and Balconies. 

 

g.     A communal open space shall be provided along the full width of the western boundary (between the northern boundary and the fire stairs) with a minimum depth of 3 metres. The planter box to the northern boundary shall be deleted and a suitably sized pedestrian pathway must be extended to the rear communal open space area. Details to be submitted to Council’s Manager Development Assessment for approval prior to issuing a construction certificate for the development.

 

h.     The proposed louvres located in front of the window openings along the northern and southern elevation at the first, second and third floor level shall be operable.

 

i.       Materials and finishes of the building should be compatible with material and finishes of adjacent buildings to enhance the consistency of the street edge on the western side of Dutruc Street. 

 

j.      A privacy screen having a height of 1.6m above floor level must be provided to the full northern edge of the third floor balcony (unit 6).  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

k.      The following windows must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·      Ground floor, north-facing bathroom window (unit 2)

·      Ground floor, north-facing ensuite window (unit 2)

·      Ground floor, north-facing bedroom no. 1 and 2 windows (unit 2)

·      First floor, north-facing bedroom no. 2 windows (unit 3)

·      First floor, north-facing bedroom no. 2 windows (unit 4)

·      First floor, south-facing study, kitchen and dining windows (unit 3)

·      First floor, south-facing study, kitchen and dining windows (unit 4)

·      Second floor, north-facing study windows (unit 6) 

·      Second floor, north-facing bedroom no. 2 windows (unit 5)

·      Second floor, south-facing study windows (unit 7)

·      Second floor, south-facing study, kitchen and dining windows (unit 5)   

·      Third floor, north-facing dining and kitchen windows (unit 6)

·      Third floor, north-facing bedroom no. 2 windows (unit 8)

·      Third floor, south-facing study, kitchen and dining windows (unit 8)

·      Third floor, south-facing dining and kitchen windows (unit 7)

 

l.       The current tenants within the boarding house shall be:

 

i)      Provided with a minimum of 3 months’ Notice to Vacate.

 

ii)     Suitable evidence must be demonstrated that the current tenants are assisted in finding alternative comparable accommodation. This shall include verified and genuine efforts in making enquiries with local real estate agents and or relevant community housing providers.

 

Affordable Rental Housing Component

3.        A plan to be submitted to Council satisfactory to SEPP (Affordable Rental Housing) identifying units 3 & 5 as dedicated to affordable rental housing.

 

The specific dwellings identified for affordable rental housing shall be indicated on the stamped approved Construction Certificate plans, a copy of which should be submitted to Council.

 

a.      The dwellings to be used for the purposes of ‘affordable rental housing’, as per the provisions of the SEPP shall be used as such for at least 10 years from the date of the issue of the occupation certificate.

 

b.      The affordable rental housing component (secured for a minimum of 10 years) must be managed by a registered Community Housing Provider (CHP).  The CHP must ensure compliance with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

 

c.      A restriction must be registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with Section 88E of the Conveyancing Act 1919 that will ensure that the requirements a. and b. are met and that the terms of restriction may not be varied without Council’s consent.

 

d.      Prior to an occupation certificate being granted, evidence must be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

 

 


Attachment/s:

 

1.

DA Compliance Report - 40 Dutruc Street, RANDWICK 

Included under separate cover

 

 


Planning Committee                                                                                                     14 February 2017

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D2/17

 

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

Folder No:                DA/128/2016

Author:                     Louis Coorey, Senior Environmental Planning Officer     

 

Introduction

 

Councillors resolved at the Ordinary Council meeting on 13 December 2016 the following:

 

“(Smith/Bowen) that this application be deferred to allow the Councillors and Council officers to consider amended plans.”

 

Amended plans were received by Council on 14 December 2016 showing the following modifications:

 

1.     Basement Park entry relocated so that the existing tree can be retained;

2.     The setting in of the southern wall by 250mm off the boundary so that it can be a green wall;

3.     Western building façade facing St Pauls Lane set back 350mm back to allow for the provision of landscaping in the form of window boxes;

4.     The provision of 600m wide planters to the roof terrace along the Western and Southern edges.

 

An assessment of the proposed amendments is carried out in the issues section of this report.

 

A further submission was received from the objectors’ representative at 14 St Pauls Street which is addressed in the issues section of this report. It should also be noted that an appeal has been lodged with the Land and Environment Court against Council’s deemed refusal of the application. The plans filed with the appeal are the previous versions and not the current amendments.

 

Issues

 

An assessment of the amendments is carried out as follows:

 

Amendment 1: Driveway entry relocated so that the existing tree can be retained;

 

Planning Comment:

·     Basement entry:

 

Council’s Development Engineer raises no objection to relocating the driveway entry further south along the western boundary. However it is recommended that condition 12 as originally recommended is amended to ensure that the waiting bay is relocated to better facilitate vehicle access.

 

Condition 12 is amended to read as follows:

 

12.        The waiting bay shall be relocated to adjacent to the entrance gate and main central column within the site and a traffic control system is to be installed to coordinate the operation of the waiting bay with the squareparker parking system. Full design and location details of the proposed signaling system shall be submitted with the construction certificate documentation for approval by the certifying authority. A copy shall be forwarded to Council if Council is not the certifying authority.

 

·     Landscape area on St Pauls carriageway:

 

Councils Landscape Officer has previously commented on the small strip of garden bed along the St Pauls Carriageway indicating that it contains an invasive environmental weed species (umbrella tree) and bamboo which is not covered by Councils Tree preservation order and not installed by Council. As such Condition 51 in the previous recommendations, allowed for its removal.

 

The proposed amendment including a relocated driveway now allows for landscaping within the site behind this part of the St Pauls Lane carriageway. Whilst the plant species within the sleeper Garden bed will have to be removed, it is considered that the landscaping within it can be retained for street tree planting and incorporated into the landscaping behind within the subject site.

 

It is therefore recommended that condition 51 be amended to require removal of the existing planting within the garden bed and for the applicant to provide details of street tree planting scheme that is integrated into the landscaping scheme within the site. Details of the scheme shall be submitted to Council’s Manager of Development Assessment for approval prior to a Construction Certificate being issued for the development. See also discussion of setbacks further below.

 

51.        The Schefflera actinophylla (Umbrella Tree) or Bamboo shall be replaced with landscaping that is integrated with the landscaping located behind and within the site. Details of landscaping in this area and the site shall be provided to Councils Landscape Officer for approval prior to a Construction Certificate being issued for the development. The works carried out on the St Pauls Lane carriageway is to be wholly at the applicant’s cost, who must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

Amendment 2: The setting in of the southern wall by 250mm off the boundary so that it can be a green wall;

 

Planning Comment:

·     Increased 250mm setback from the southern side boundary:

 

There is no objection to setting back the southern elevation 250mm further from the southern side boundary shared with No. 36 Perouse Road.

 

·     Green wall along the southern elevation:

 

To ensure the green wall achieves its desired function it is recommended that conditions be imposed requiring details of plant species and maintenance be provided to Council for approval:

 

2e.      All communal planter boxes and Green wall planting must be maintained at all times to the satisfaction of Council’s Manager of Development Assessment.  A Maintenance Plan must be prepared and submitted for the approval of Council’s Manager of Development Assessment prior to a Construction Certificate being issued.  The Maintenance Plan must include arrangements for the following aspects (as a minimum):

 

§  Inspection and maintenance of waterproofing roof membrane.

§  Details of drainage and irrigation systems (preferably self-watering), including overflow provisions.

§  Details of the location, numbers and type of plant species.

§  Planting and maintenance procedures, including frequency and methodology of maintenance requirements.

§  Maintenance of irrigation.

 

All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.  The maintenance plan must be complied with during occupation of the property.

 

The owner of the premises shall at all times comply with the ongoing maintenance requirements of the Maintenance Plan and shall promptly upon request produce a copy of the Plan to Council.

 

2f.       The screen planting within the roof top planters and individual boarding rooms shall: be evergreen; extend along the entire length of the planters; and achieve a screening function.

 

Details of the planting are to be submitted for the approval of Council’s Manager of Development Assessment prior to obtaining a construction certificate.

 

Amendment 3: Western building façade (at levels above lower ground level parking) to be set back a further 350mm from the St Pauls Lane frontage to allow for the provision of window landscape boxes. Please note this area has come off the length of the units;

 

Planning Comment:

·     Increased setback:

 

There are no objections to the additional (350mm) setback for levels above lower ground level parking from the St Pauls Lane frontage. An additional 350mm setback from the laneway is also achievable at the lower ground level as it would allow for more landscaping at ground level thus softening the development from the laneway frontage.

 

·     Window Landscape boxes:

 

There are no objections to the provision of window landscaping planter boxes across the western elevation of the boarding rooms as it will improve the visual presentation of the development from the St Pauls Lane frontage as well as provide additional screening.

 

Amendment 4: The provision of 600m wide planters to the roof terrace along the Western and Southern edges.

 

Planning Comment:

The original recommendation included as conditions (2d & 2e) the requirement for planter boxes along the edges of the communal terrace and the accessible boarding room (unit 9). As these conditions have no further work to do they are deleted from the recommended conditions of consent.

 

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

 

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

 

Submission:

 

The following additional submission was received in response to the amendments:

 

·     14 St Pauls Street – representative of objectors

 

Issue

Comment

An overall 1.4m setback should be provided from the St Pauls Lane frontage to allow for more meaningful landscaping.

The 1m depth at lower ground level along the western frontage is a sufficient depth for the purposes of landscaping.

 

However, it is considered that there is no impediment to a 1.35m setback for all levels from the St Pauls Laneway as it will provide a greater degree of softening of the development at the lower ground level.

A greater setback should be provided from the southern side boundary commensurate with the southern neighbour’s shared setback to allow for more landscaping.

The proposed 250mm side setback for the rear part of the development is greater than the nil side setbacks permitted under Section 7.1 of Part D8 The Spot in the RDCP 2013.

 

As indicated in previous assessment reports the proposal maintains a 2.7m southern side setback inclusive of landscaping opposite the north facing opening of the southern neighbour’s northern elevation achieving a good planning outcome. It is noted that the 250mm setback is opposite parking area of No. 36 Perouse Road.

 

600mm wide planters will not support meaningful landscaping and provide effective screening

600mm wide planters will allow for sufficient landscaping.

Privacy: 600mm wide planters require persons using the communal roof terrace and accessible unit to step back from the elevations reducing perceived privacy impacts. The condition requires that evergreen species be selected along the full length of the planters.

 

The proposed communal roof should be relocated to the rear of the existing building at ground level as this would reduce noise impact to immediately adjoining neighbours.

The proposed location of the roof terrace is considered to be the most appropriate location as it will maximise solar access to the open space and it is considered that the conditions relating to planting and management will ensure that there will be no significant adverse impact on the privacy of neighbouring properties.

 

A comprehensive landscape plan should be provided for the purposes of recommended amendments.

A condition is included requiring a further landscape and maintenance plan for the purposes of the recommendations made as a result of the assessment of the application.

 

The building's material finishes palette should ideally be non-reflective, dark and recessive, such as the black indicated on the rooftop level.

Noted and condition 4 of the original recommendation included the requirement that the Any metal roof sheeting or elevations are to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare. Condition 4 is further amended to include the preference for dark recessive colours.

 

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

 

The proposed development has an overbearing scale and adversely impacts on the neighbouring properties.

The development should be reduced in height to 6m or as a compromise levels 1 or 2 should be removed to lessening the impact of the proposal.

The original assessment and subsequent reports to Council maintain that the proposed development satisfies the character test under Clause 30A of the ARHSEPP.

Working hours should be restricted to weekdays only.

The standard working hours are recommended allowing for work on:

 

·     Monday to Friday - 7.00am to 5.00pm

·     Saturday - 8.00am to 5.00pm

 

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like is not permitted on Saturdays and Sundays.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development as amended continues to satisfy the requirements under the ARHSEPP and the relevant objectives and controls under the Randwick Local Environmental Plan and the Randwick Comprehensive Development Control Plan.

 

The various amendments such as increasing setbacks from the rear lane and southern side boundary allowing for additional planting will provide for visual interest subject to conditions imposed requiring details on the planting and maintenance of the landscaping.

 

The proposed amendments are relatively minor however they do improve the appearance of the development from the surrounding area.

 

It is considered that the proposed development as amended satisfies the character test required under Clause 30A of the ARHSEPP and the original recommendation for approval, inclusive of amendments to conditions is therefore presented for consideration at this Council meeting for consideration.

 

Recommendation

 

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

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA 01 Revision C

PTI

09/09/2016

12 September 2016

DA 02 Revision C

09/09/2016

12 September 2016

DA 03 Revision C

09/09/2016

12 September 2016

DA 04 Revision B

20/05/2016

12 September 2016

DA 05 Revision C

20/05/2016

12 September 2016

DA 06 Revision C

20/05/2016

12 September 2016

DA 07 Revision F

13/12/2016

14 December 2016

DA 08 Revision G

13/12/2016

14 December 2016

DA 09 Revision C

09/09/2016

12 September 2016

DA 10 Revision G

13/12/2016

14 December 2016

DA 11 Revision C

09/09/2016

12 September 2016

DA 12 Revision C

09/09/2016

12 September 2016

DA 13 Revision C

09/09/2016

12 September 2016

DA 13.1 Revision C

09/09/2016

12 September 2016

DA 14 Revision E

13/12/2016

14 December 2016

DA 15 Revision C

09/09/2016

12 September 2016

DA 26 Revision B

20/05/2016

12 September 2016

 

Amendment of Plans & Documentation

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

 

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

 

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

 

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

 

d.      The plans pursuant to Condition No. 1 and received by Council on 12 September 2016 shall be amended to reflect the amendments made in plans received by Council on 14 December 2016. Details showing compliance with this condition shall be submitted for approval to Council’s Manager Development Assessment for approval prior to a Construction Certificate being issued for the development.

 

e.      All communal planter boxes and Green wall planting must be maintained at all times to the satisfaction of Council’s Manager of Development Assessment.  A Maintenance Plan must be prepared and submitted for the approval of Council’s Manager of Development Assessment prior to a Construction Certificate being issued.  The Maintenance Plan must include arrangements for the following aspects (as a minimum):

 

§  Inspection and maintenance of waterproofing roof membrane.

§  Details of drainage and irrigation systems (preferably self-watering), including overflow provisions.

§  Details of the location, numbers and type of plant species.

§  Planting and maintenance procedures, including frequency and methodology of maintenance requirements.

§  Maintenance of irrigation.

 

All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.  The maintenance plan must be complied with during occupation of the property.

 

The owner of the premises shall at all times comply with the ongoing maintenance requirements of the Maintenance Plan and shall promptly upon request produce a copy of the Plan to Council.

 

f.       The screen planting within the roof top planters and individual boarding rooms shall: be evergreen; extend along the entire length of the planters; and achieve a screening function.

 

Details of the planting are to be submitted for the approval of Council’s Manager of Development Assessment prior to obtaining a construction certificate.

 

g.      The lower ground level shall be setback a further 350mm from the St Pauls Lane frontage. Details shall be submitted to Council’s Manager of Development Assessment prior to a Construction Certificate being issued for the development.

 

Parking

 

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.        The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape. Any metal roof sheeting or elevations are to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare. The choice of colour scheme shall show a preference for dark recessive colours.

 

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

Section 94A Development Contributions

5.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $3,031,505.00 the following applicable monetary levy must be paid to Council: $30,031.50.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

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

 

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

 

Design Alignment levels

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

 

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

 

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

 

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

 

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

 

Civil Works

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

 

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

 

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

 

Carpark Design

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

 

·     The  carpark’s access driveway, grades & height clearances  must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council).

 

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

 

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

 

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

 

·     Bicycle Parking to be provided in accordance with AS 2890.3

 

12.      The waiting bay shall be relocated to adjacent to the entrance gate and main central column within the site and a traffic control system is to be installed to coordinate the operation of the waiting bay with the squareparker parking system. Full design and location details of the proposed signaling system shall be submitted with the construction certificate documentation for approval by the certifying authority. A copy shall be forwarded to Council if Council is not the certifying authority.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.         Roof areas

ii.        Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Site seepage

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

 

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

 

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

 

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

 

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

                 

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

 

Sydney Water

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

 

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

 

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

 

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

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

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

 

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

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

 

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

 

Waste Management

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

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

 

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

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Building Code of Australia (BCA)

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

 

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

 

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

 

        Landscape Plan

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·             location of site storage areas/sheds/equipment;

·             location of building materials for construction;

·             provisions for public safety;

·             dust control measures;

·             site access location and construction

·             details of methods of disposal of demolition materials;

·             protective measures for tree preservation;

·             provisions for temporary sanitary facilities;

·             location and size of waste containers/bulk bins;

·             details of proposed sediment and erosion control measures;

·             provisions for temporary stormwater drainage;

·             construction noise and vibration management;

·             construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

      Details of hazardous materials (including asbestos)

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

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

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

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

      Other relevant details, measures and requirements to be implemented

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

      Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Public Utilities

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

 

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

 

Construction Traffic Management

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

 

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

 

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

 

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

 

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

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

 

Landscape Plan

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

 

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

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

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

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

 

·             Work Health & Safety Act 2011 and Regulations

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

·             WorkCover NSW Guidelines and Codes of Practice

·             Australian Standard 2601 (2001) – Demolition of Structures

·             The Protection of the Environment Operations Act 1997 and Regulations

·             Relevant EPA Guidelines

·             Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·             Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·             Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g)     Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·     as may be required by the Principal Certifying Authority.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

Traffic Management

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

Tree Management

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

 

51.      The Schefflera actinophylla (Umbrella Tree) or Bamboo shall be replaced with landscaping that is integrated with the landscaping located behind and within the site. Details of landscaping in this area and the site shall be provided to Councils Landscape Officer for approval prior to a Construction Certificate being issued for the development. The works carried out on the St Pauls Lane carriageway is to be wholly at the applicant’s cost, who must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

51.      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

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

 

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

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

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

 

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

 

53.      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.

 

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

 

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

 

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

 

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

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

Undergrounding of Power

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

 

Stormwater Drainage

57.      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.

 

58.      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).

 

59.      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.

 

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

 

Waste Management

61.      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.

 

62.      The waste storage areas shall be clearly signposted.

 

Parking

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

 

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

 

Landscaping

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

 

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

 

OPERATIONAL CONDITIONS

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Monday to Sunday:       10pm-7pm  

 

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

Monday- Sunday 7:00am – 10:00pm

 

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

 

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

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

 

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

 

75.      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.

 

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

 

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

 

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

 

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

 

80.      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.

 

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

 

82.      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. 

 

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

 

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

 

85.      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.

 

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

 

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

 

External Lighting

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

 

Residential Parking Permits

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

 

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

 

Plant & Equipment

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

 

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

 

Swimming/Spa Pools

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

 

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

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

 

Air Conditioners

93.      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.

 

94.      The operation of plant and equipment such as rainwater tanks, air conditioning equipment are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

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

       

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

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

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

A9       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A10     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

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

 

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

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

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

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

 

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

 

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

 

A13     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

1.

32-34 Perouse Road, Randwick (DA/128/2016) (Deferred) 6/12/2016

 

2.

32-34 PEROUSE ROAD, RANDWICK (DA 128 2016) 11 Oct, 2016

 

 

 

 


32-34 Perouse Road, Randwick (DA/128/2016) (Deferred) 6/12/2016

Attachment 1

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D91/16

 

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

Folder No:                DA/128/2016

Author:                     Louis Coorey, Senior Environmental Planning Officer      

 


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

Ward:                        East Ward

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

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

Summary

Recommendation:   Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

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

Proposal

 

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

 

Amended plans

 

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

 

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

 

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

 

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

 

Site

 

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

Aerial view of subject site and surrounding area.

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the original notification process:

 

·     Urbis on behalf of owners of 14 St Pauls Lane

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

·     7 Soudan Street, Randwick

·     9 Soudan Street, Randwick

·     11 Soudan Street, Randwick

·     11A Soudan Street, Randwick

·     15 Soudan Street, Randwick

·     19 St Pauls Street, Randwick

·     23 St Pauls Street, Randwick

·     25 St Pauls Street, Randwick

·     27 St Pauls Street, Randwick

·     Resident of Perouse Road

·     2/22-24 Perouse Road, Randwick

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Issue: Insufficient landscaping provided on site

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Issue: The application breaches the established rear building line

 

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

 

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

 

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

 

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

 

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

 

Issue: The removal of street trees is unacceptable.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Issue: Parking arrangements are impractical

 

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

 

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

 

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

 

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

 

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

 

Issue: Height poles should be installed on site.

 

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

 

Key Issues

 

The key issues are identified as follows:

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

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

 

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

 

Clause 30A Character of the local area

 

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

 

Context:

 

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

 

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

 

14 St Pauls Lane: building fronting St Pauls Lane.

 

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

 

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

Rear laneway looking eastward from the rear of the site.

 

 

Looking north towards No. 22-24 Perouse Road

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

Compatibility of built form:

 

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

 

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

 

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

 

Heritage

 

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

 

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

 

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

 

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

 

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

 

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

 

Compatibility of use:

 

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

 

Consistency with the objectives of the Residential R3 zone;

 

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

 

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

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

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

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

•      To protect the amenity of residents.

•      To encourage housing affordability.

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

 

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

 

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

 

Randwick Development Control Plan 2013 (RDCP 2013)

 

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

 

Side setbacks

 

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

 

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

 

Objectives under Part C2 of the RDCP 2013:

 

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

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

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

 

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

 

Southern side boundary

 

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

 

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

 

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

 

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

 

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

 

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

 

·     Shadowing

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Acoustic amenity of neighbouring properties

 

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

 

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

 

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

 

Management plan

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

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

 


 

Recommendation

 

A.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/128/2016 for Alterations and additions to the existing building fronting Perouse Road including internal reconfiguration and window changes, construction of a new 4 storey boarding house comprising of 9 rooms and basement parking for 10 vehicles fronting St Pauls Lane, at No. 32-34 Perouse Road, RANDWICK  NSW  2031, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

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

 

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

 

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

 

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

 

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

 

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

 

Parking

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

 

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

 

 


Attachment/s:

 

1.

DA Compliance Report - 32-34 Perouse Road, RANDWICK

Included under separate cover

 

 


32-34 PEROUSE ROAD, RANDWICK (DA 128 2016) 11 Oct, 2016

Attachment 2

 

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D99/16

 

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

Folder No:                DA/128/2016

Author:                     Louis Coorey, Senior Environmental Planning Officer      

 


 

Introduction

 

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

 

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

 

Mediation

 

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

 

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

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

At this stage no agreement was reached.”

 

The following covering letter was provided by the Mediator:

 

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

 

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

 

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

 

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

 

Agreement could not be reached.”

 

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

 

 

 

Legal advice

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

 

The request for legal advice is:

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Issues

The mediated outcome is explained as follows:

 

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

 

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

 

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

 

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

 

Agreement could not be reached.”

 

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

 

Applicant representatives:

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

 

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

 

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

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

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

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

 

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

 

Objector’s comments:

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

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

 

The objector also raised the following concerns:

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

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

 


 

Recommendation

 

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

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA 01 Revision C

PTI

09/09/2016

12 September 2016

DA 02 Revision C

09/09/2016

12 September 2016

DA 03 Revision C

09/09/2016

12 September 2016

DA 04 Revision B

20/05/2016

12 September 2016

DA 05 Revision C

20/05/2016

12 September 2016

DA 06 Revision C

20/05/2016

12 September 2016

DA 07 Revision C

20/05/2016

12 September 2016

DA 08 Revision C

09/09/2016

12 September 2016

DA 09 Revision C

09/09/2016

12 September 2016

DA 10 Revision C

09/09/2016

12 September 2016

DA 11 Revision C

09/09/2016

12 September 2016

DA 12 Revision C

09/09/2016

12 September 2016

DA 13 Revision C

09/09/2016

12 September 2016

DA 13.1 Revision C

09/09/2016

12 September 2016

DA 15 Revision C

09/09/2016

12 September 2016

DA 25 Revision C

09/09/2016

12 September 2016

DA 26 Revision B

20/05/2016

12 September 2016

 

Amendment of Plans & Documentation

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

 

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

 

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

 

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

 

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

 

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

 

Parking

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

Section 94A Development Contributions

5.        In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $3,031,505.00 the following applicable monetary levy must be paid to Council: $30,031.50.

 

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

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·         $3000.00   -       Damage / Civil Works Security Deposit

 

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

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

 

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

 

Design Alignment levels

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

 

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

 

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

 

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

 

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

 

Civil Works

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

 

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

 

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

 

Carpark Design

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

 

·     The  carpark’s access driveway, grades & height clearances  must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council).

 

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

 

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

 

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

 

·     Bicycle Parking to be provided in accordance with AS 2890.3

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.         Roof areas

ii.        Paved areas

iii.       Grassed areas

iv.       Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Site seepage

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

 

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

 

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

 

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

 

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

                 

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

 

Sydney Water

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

 

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

 

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

 

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

 

·     Building plan approvals

·     Connection and disconnection approvals

·     Diagrams

·     Trade waste approvals

·     Pressure information

·     Water meter installations

·     Pressure boosting and pump approvals

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

 

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

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

 

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

 

Waste Management

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

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

18.      The commercial garbage area must be separated from the residential bin storage areas.

 

19.      The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

20.      In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Building Code of Australia (BCA)

21.      In accordance with section J of the BCA, the requirements and commitments contained in the relevant report must be complied with.

 

The required commitments listed and identified in the report must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the Section J commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

        Landscape Plan

22.      The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16, as amended by condition 2 of this  consent.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’ (PCA), as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Certification, PCA & other Requirements

23.      Prior to the commencement of any building works, the following requirements must be complied with:

 

a)      a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)      a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)      a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)      at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

Home Building Act 1989

24.      In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

25.      A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

·             excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·             new dwellings or additions to dwellings sited up to shared property boundaries (e.g.  additions to a semi-detached dwelling or terraced dwellings),

·             excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·             as otherwise may be required by the Principal Certifying Authority.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Noise & Vibration Management Plan

26.      Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW EPA Guidelines must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW EPA Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Construction Site Management Plan

27.      A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·             location and construction of protective fencing / hoardings to the perimeter of the site;

·             location of site storage areas/sheds/equipment;

·             location of building materials for construction;

·             provisions for public safety;

·             dust control measures;

·             site access location and construction

·             details of methods of disposal of demolition materials;

·             protective measures for tree preservation;

·             provisions for temporary sanitary facilities;

·             location and size of waste containers/bulk bins;

·             details of proposed sediment and erosion control measures;

·             provisions for temporary stormwater drainage;

·             construction noise and vibration management;

·             construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition Work Plan

28.      A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must include the following information (as applicable):

·         The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·         Details of hazardous materials (including asbestos)

·         Method/s of demolition (including removal of any asbestos)

·         Measures and processes to be implemented to ensure the health & safety of workers and community

·         Measures to be implemented to minimise any airborne dust and asbestos

·         Methods and location of disposal of any hazardous materials (including asbestos)

·         Other relevant details, measures and requirements to be implemented

·         Details of re-use, recycling and disposal of waste demolition/building materials

·         Date the demolition works will commence

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

 

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Public Utilities

29.      A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

30.      The applicant must meet the full cost for telecommunication companies, gas providers, Ausgrid, and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

 

Construction Traffic Management

31.      An application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee (RTC), for a ‘Works Zone’ to be provided in Perouse Road for the duration of the demolition & construction works. 

 

The ‘Works Zone’ must have a minimum length of 12m and extend for a minimum duration of three months.  The suitability of the proposed length and duration is to be demonstrated in the application for the Works Zone.  The application for the Works Zone must be submitted to Council at least six (6) weeks prior to the commencement of work on the site to allow for assessment and tabling of agenda for the Randwick Traffic Committee (RTC).

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

NOTE: The applicant is to meet the full cost of any adjustment to the existing road signage and relocation of the bus zone, as required by Council’s Transport Engineers and RTC.

 

32.      A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to the commencement of any site work.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Maritime Services, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

Landscape Plan

33.      The Certifying Authority/PCA must ensure that the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16 are amended to include the following details:

 

a)       The Planting Plan & Plant Schedule must nominate what species will be planted where, including quantities/densities, along with any other details required to describe the works;

 

b)       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with details confirming compliance to be provided;

 

c)       The species shown for the Ground Level garden bed fronting St Paul’s Lane must only be those that will not encroach past the northern boundary, onto the roadway, and cause a physical or visual obstruction.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

34.      The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

35.      A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·             name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·             name, address and telephone number of the Principal Certifying Authority,

·             a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

36.      Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

37.      The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·             Work Health & Safety Act 2011 and Regulations

·             WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·             WorkCover NSW Guidelines and Codes of Practice

·             Australian Standard 2601 (2001) – Demolition of Structures

·             The Protection of the Environment Operations Act 1997 and Regulations

·             Relevant EPA Guidelines

·             Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

Removal of Asbestos Materials

38.      Work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·             Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·             Randwick City Council’s Asbestos Policy

 

·             A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·             On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·             Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·             A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

39.      Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

40.      Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

a)      Public access to the building site and materials must be restricted by existing boundary fencing or temporary site fencing having a minimum height of 1.5m, to Council’s satisfaction.

 

Temporary site fences are required to be constructed of cyclone wire fencing material and be structurally adequate, safe and constructed in a professional manner.  The use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

b)      Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

c)      The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

d)     Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

e)      Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

f)      Site fencing, building materials, bulk bins/waste containers and other articles must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

g)     Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

41.      In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

42.      All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.

 

43.      Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·     when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·     when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (e.g. semi-detached or terrace dwelling);

·     when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land;

·     as may be required by the Principal Certifying Authority.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Building Encroachments

44.      There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Road/Asset Opening Permit

45.      Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

·            A Road / Asset Opening Permit must be obtained from Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

·            The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

·            Relevant Road / Asset Opening Permit fees, repair fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place.

 

For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Traffic Management

46.      Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

47.      All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

48.      All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

49.      Adequate provisions must be made to collect and discharge stormwater drainage during construction to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

Tree Management

50.      Approval is granted for the removal of all vegetation within the site in order to accommodate the works as shown, including the shrub/tree in the western side setback, subject to full implementation of the approved landscaping.

 

51.      Should the Schefflera actinophylla (Umbrella Tree) or Bamboo that is growing within a sleeper garden bed that has been created beyond the northeast corner of the site, wholly on the St Paul’s Lane carriageway need to be removed, Council authorizes this, wholly at the applicant’s cost, who must satisfy themselves as to the location of all services, prior to the commencement of any works on public property.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

52.      An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings, street verge

53.      The applicant must meet the full cost for Council or a Council approved contractor to:

 

a.        Construct new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b.        Construct new section of roadway in front of new crossing as required

c.        Remove any redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter.

 

NOTE: All work is to be to Council’s specifications and requirements

 

54.      The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

55.      All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements: 

 

a)      All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)      Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to an occupation certificate being issued for the development, together with payment of the relevant fees.

 

c)      If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

Sydney Water Requirements

56.      A Section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. An application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator.  For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate.

 

Undergrounding of Power

57.      As a mains power distribution pole is located on the same side of the street and within 15m of the development site, the applicant/developer must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains distribution pole in Perouse Road and the development site to an underground (UGOH) connection.

 

Stormwater Drainage

58.      A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

a.      The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.      The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

59.      A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

·         The location of any detention basin/s with finished surface levels;

·         Finished site contours at 0.2 metre intervals;

·         Volume of storage available in any detention areas;

·         The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

·         The orifice size/s (if applicable);

·         Details of any infiltration/absorption systems; and

·         Details of any pumping systems installed (including wet well volumes).

 

60.      The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

61.      The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement level have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent..

 

Waste Management

62.      Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

63.      The waste storage areas shall be clearly signposted.

 

Parking

64.      The proposed ‘squareparker’ parking system must be fully installed and operational prior to the issuing of any form of occupation certificate. There must be no variation to the proposed parking system without the prior approval of Council via a formal amendment to the development consent. 

 

NOTE: This shall include installation of the waiting bay and signaling system

 

 

Landscaping

65.      Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date the completed landscaping was inspected, and that it has been installed substantially in accordance with the Lower Ground, Ground Floor and Level 2 Landscape Concept Plans by Peter Glass & Associates, dwg no’s 5151-01 – 02, issue C, dated 17/05/16.

 

66.      Suitable strategies must also be implemented to ensure that the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

67.      The operation of the premises including all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Climate Change Noise Control Guidelines.

 

68.      The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

69.      The windows and doors to internal communal areas are to remain closed except for entry and egress.

 

70.      No parties or amplified music in outdoor courtyard area at any time.

 

71.      The maximum number of boarders permitted to reside in the boarding house is limited to 18 persons

 

72.      The maximum permitted number of people in either the outdoor common area or indoor communal area is restricted to 12 people.

 

73.      The doors to the communal area is to be kept closed between the hours of:

 

Monday to Sunday:       10pm-7pm  

 

74.      The use of all outdoor common areas are restricted for use between:

Monday- Sunday 7:00am – 10:00pm

 

75.      Any proposed air conditioning plant and equipment must not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·      Before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·      Before 7.00am or after 10.00pm on any other day.

 

Details of any proposed mechanical plant shall be reviewed by a suitably qualified acoustic consultant a report of acoustic compliance shall be provided to the principle certifying authority prior to a construction certificate being issued.

 

76.      A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council 3 months after occupation certificate being issued for the development, which demonstrates that noise and vibration emissions from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant conditions of consent (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

77.      Design and details of the car park exhaust and car park roller door are to be reviewed by a suitably qualified consultant and statement certifying design compliance provided to the certifying authority prior to a construction certificate being issued.

 

78.      The plan of management Operational Plan of Management ref no: dated July 2016 for the boarding house at 32-34 Perouse Road Randwick submitted with this proposal shall be implemented at all times

 

79.      The operator or caretaker of the boarding house accommodation must be a responsible person over the age of 18 years.

 

80.      A notice is placed near the entrance to the property in a visible position to the public advising of the operators name and after hours contact number.

 

81.      Each occupant shall be furnished with a set of house rules (i.e. the Plan of Management) and that no variation shall be permitted without the further approval of Council.

 

82.      A record of all residents with details of their names, length of stay & number of persons in each room shall be maintained by the operator of the premises. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

83.      All residents in the boarding house accommodation are to sign a lease or licence agreeing to comply with the Plan of Management (PoM) for the boarding house, with the length of the lease to be determined by the management. 

 

84.      The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

85.      There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

86.      The individual rooms, common areas, shared facilities and yard are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

 

87.      Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council.

 

88.      Places of shared accommodation must comply with the Local Government (Orders) Regulation 1999 and the premises must be registered with the Council prior to occupation and on an annual basis, and the approved registration/inspection fee is to be forwarded to Council prior to occupation.

 

External Lighting

89.      External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Residential Parking Permits

90.      All prospective owners and tenants of the building must be notified that Council will not issue any new residential parking permits to occupants/tenants of this development.

 

91.      A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that they are in a building which does not qualify for on-street resident parking permits.

 

Plant & Equipment

92.      The operation of all plant and equipment upon the premises shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Office of Environment & Heritage (EPA) Noise Control Guidelines.

 

Swimming/Spa Pools

93.      The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 8.00pm on any Sunday or public holiday; or

·       before 7.00am or after 8.00pm on any other day.

 

Air Conditioners

94.      Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

95.      The operation of plant and equipment such as rainwater tanks, air conditioning equipment are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

96.      Public notice and signs, are required to be installed as follows:

       

·     A sign showing the name and contact number of the managing agent or person responsible for the overriding operation of the boarding house facility, placed near the front entry and in a visible position to the public;

·     Clear display of fixed room identification number for each boarding room; and

·     Internal signage prominently displayed in each boarding room and/or communal living areas informing maximum number of lodgers per room, house rules, emergency contact numbers for essential services, annual fire safety statement and current fire safety schedule and emergency egress routes and evacuation plan.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1       The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2       This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A3       In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:

 

§  A Construction Certificate has been obtained from an Accredited Certifier or Council,

§  An Accredited Certifier or Council has been appointed as the Principal Certifying Authority for the development,

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A4       Council’s Building Certification & Fire Safety team can issue your Construction Certificate and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council on 9399 0944.

 

A5       A Local Approval application must be submitted to and be approved by Council prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council on 9399 0944.

 

A6       Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place.

 

A7       Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8       Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A9       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A10     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

A11     This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A12     Smoke alarms are required to be installed in all residential dwellings, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia.  Details should be included in the construction certificate application.

 

A13     Demolition work and removal of asbestos materials:

 

§  A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

A14     Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A15     Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

For further information about preventing falls from windows and balconies refer to www.health.nsw.gov.au/childsafety or pick-up a brochure from Council’s Customer Service Centre.

 

 


Attachment/s:

 

1.

Executive Report on 25 October, 2016 - 32-34 Perouse Road, Randwick (DA/128/2016)

 

2.

DA Compliance Report -  32-34 Perouse Road, RANDWICK

 

 

 


Planning Committee                                                                                                     14 February 2017

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D3/17

 

Subject:              1234-1236 Anzac Parade, Malabar (DA/729/2016)

Folder No:                DA/729/2016

Author:                     Anthony Betros, Planning Consultant - ABC Planning Pty Ltd     

 

Proposal:                  Change of use of the existing dwelling to a child care centre for 46 children, 9 staff and hours of operation from 7am - 7pm, Monday to Friday, including ground level alterations and additions, internal fitout, 10 parking spaces with access via Ireton Street, new outdoor play area and associated works (Heritage Item)

Ward:                        South Ward

Applicant:                Mrs N Traub

Owner:                     La Perouse Local Aboriginal Land Council

Summary

Recommendation:   Approval

http://interactivemapping/Geocortex/Essentials/prod/REST/TempFiles/Export.jpg?guid=59253384-a75b-412b-900d-551160b48d34&contentType=image%2Fjpeg

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

Development Application Executive summary report

 

This application is referred to external planning consultant for assessment and to Planning Committee for determination as the owners’ consent for La Perouse Land Council has been signed by a relative of a Council employee.

 

Proposal

 

The proposal involves the change of use of the existing dwelling to a child care centre for 46 children and 9 staff.

 

Proposed works include ground floor level alterations and additions, internal fitout, 10 parking spaces with access from Ireton Street, a new outdoor play area and associated works.

 

The hours of operation of the proposed child care centre are from 7am-7pm Monday to Friday.

 

Site and surrounding development

 

The subject site is located on the western side of Anzac Parade between Franklin Street to the north and Austral Street to the south. The site is formally described as Lot in DP 113 091.

 

The subject site has a primary frontage of 31.6m to Anzac Parade and a secondary frontage of 27.43m to Ireton Street. The depth of the site varies from 36m on the southern boundary to 51.77m on the northern boundary. The site has a total area of 1200.4m2.

 

The subject site contains a single storey dwelling house which is listed as a heritage item under Randwick LEP 2012.

 

The subject site is surrounded by low density residential development. St Andrews Primary School is located 4 properties to the north of the site.

 

Figure 1: Existing development on the subject site

 

Figure 2: Rear of subject site as viewed from Ireton Street

 

North

 

Figure 3: Adjoining neighbor to the north at 4 Ireton Street

 

Figure 4: Dwellings further to the north along Ireton Street

 

South

 

Figure 5: Dwellings to the south as viewed from Anzac Parade

 

Figure 6: Dwellings to the south as viewed from Ireton Street

 

West

 

Figure 7: No. 7 Ireton Street to the rear of the subject site across Ireton St

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the notification process:

 

·     No. 4 Ireton Street, Malabar

Issues

Comments

Traffic

The submission raised concerns regarding traffic and parking issues regarding the proximity of the site to St Andrew Primary school. The objector provided photographic evidence of the traffic congestion along Ireton Street during the morning drop off.

Response: the Applicant’s traffic engineer was requested to respond to the specific issues raised in the submission. The Applicant’s traffic engineer provided a detailed response which showed that the street network can accommodate the anticipated traffic generated by the proposed child care centre. The report also estimates that the queuing analysis for drop off and pick up movements will be unlikely (less than 1%) to result in vehicle queuing in Ireton Street. This is considered to be a benefit of providing off street parking and drop off and pick up areas which is unlike numerous other child care centres which rely on on-street parking for drop off and pick up.

 

Parking

Insufficient parking is provided for the staff and for drop off and pick up due to the shortages generated by the demands of the St Andrews Primary school

Response: The proposal provides for off street parking for both staff and for drop off and pick up which is a benefit of this amalgamated site of over 1200sqm. This compares favourably with other child care centres which rely on on-street parking. The broad frontage of the site and the potential for co-generation trips with St Andrews primary school as well as the proximity to bus stops is considered to justify the minor numeric variation of 1 car space. Such deviation is also supported by Council’s development engineer.

 

Noise

The child care centre will generate adverse noise impacts

Response: 2 acoustic reports have been provided, the 2nd in response to the concerns raised in the objection letter. Council’s Environmental Health Officer has also reviewed these reports and supports the proposal subject to conditions of consent regarding fencing. It is also confirmed that the Plan of Management requires the staggering of play times with limited numbers of children which minimizes potential acoustic impacts. The accompanying acoustic report by Koikas Acoustic Pty Ltd assumes that all children are playing at one time in proximity to the nearest residential receivers and was found to be compliant with the relevant acoustic criteria.

 

Inadequate notification which did not include St Andrews Primary School

Response: It is considered that the school will not be adversely affected by any acoustic, traffic or parking impacts and therefore, notification is not considered to be warranted.

 

 

 

Key Issues

 

·     PARKING

·     Part B7 of Council’s DCP requires that parking be provided for childcare centres at the rate of 1 space per 2 staff plus 1 space per 8 children for pickup and drop-off.

 

The proposal is for a childcare centre for 46 places and 9 staff.

 

Parking Required      = 46/8 (pickup & drop-off) + 9/2 (staff)

                                = 5.75 + 4.5

                                = 10.25

 

Parking Proposed = 10 spaces (complies)

 

Parking Layout

The carpark layout generally complies with the requirements of AS 2890.1:2004 although the following should be noted.

 

·     Two of the pickup and drop-off spaces (V5 & V6) are provided in a tandem arrangement behind 2 of the staff spaces. This arrangement is supportable for childcare centres provided there is proper management of the spaces.

 

·     Manoeuvring into and out of spaces V5 and V6 may be tight for larger vehicles. It is recommended that these be consolidated into a single space unless it can be suitably demonstrated by way of car sweeping paths that suitable access can be achieved for the B-85 vehicle in AS 2890.1:2004. The resulting 1 space parking deficiency would not be of concern to Development Engineering given the dual street frontage and proximity to bus services.

 

·     TRAFFIC GENERATION

Traffic impacts during the peak pick-up and drop-off times of the childcare centre have been determined adopting the rates provided in the ‘RMS Guide to Traffic Generating Developments’. The following vehicle trip generation has been calculated during the peak times associated with the proposal;

 

Time                                                   Number of Trips

7:00-9:00am                                      0.8 x 46 = 36.8

2:30-4:00pm                                      0.3 x 46 = 13.8

4:00-6:00 pm                                     0.7 x 46 = 32.2

 

This indicates that the proposed 46 place child care centre would generate a total of approximately 83 vehicle trips per day. During the 7-9am peak there would be a vehicle arriving/departing the centre on average once every 3.3 minutes while during the 4-6pm peak this decreases to once every 3.7 minutes.  This is expected to have minimal impact on the performance of the surrounding road network.

 

The SIDRA analysis of nearby intersections contained in the traffic report demonstrates the intersections will maintain their current level of service and there will be no significant impact on traffic flow as a result of the proposed development. No objections are raised by Development Engineering.

 

Undergrounding of  power lines to site

At the ordinary Council meeting on the 27th May 2014 it was resolved that;

 

Should a mains power distribution pole be located on the same side of the street  and within 15m of the development site, the applicant must meet the full cost for Ausgrid to relocate the existing overhead power feed from the distribution pole in the street to the development site via an underground UGOH connection.

 

The subject is located within 15m of a power pole on same side of Anzac Parade hence the above clause would normally be applicable. It is noted however that no significant changes are proposed to the building on this frontage hence a nexus cannot be established between the proposed works and the requirement to underground the power. This clause has therefore not been included in this report in this instance.

 

RMS COMMENTS

Anzac Parade is classified as a sub-arterial regional road at this location however it is noted there is no vehicle access or pick-up and drop-off is proposed from Anzac Parade. Consequently it is considered a referral to the RMS will not be required. 

 

·     LANDSCAPE COMMENTS

The site inspection of 22 November 2016 revealed a mature, 5m tall Banksia serrata (Saw Toothed Banksia, T1) on the Malabar Road verge, towards the northeast boundary, of good health and condition, then to its south, about halfway across the width of this frontage, a smaller, 3m tall Ficus benjamina (Weeping Fig, T2), which must have been planted by a resident as this species is not used by Council.

 

Due to their location on public property, both are covered by Council’s DCP, and given an absence of any external works along this frontage, with access able to be gained from Ireton Street at the rear, both should remain unaffected, with relevant conditions to ensure their retention included in this report.

 

There is an 8m tall Jacaranda mimosifolia (Jacaranda, T11) growing beyond the northeast site boundary, wholly on the adjoining private property at 41 Ireton Street, close to the existing dividing fence, of poor condition due to a combination of dieback and previous poor/heavy lopping which has resulted in epicormic growth.

 

As the existing footprint in this side setback will not encroach closer to the tree, with this area to be maintained as undisturbed deep soil, there will be no direct impact on its root system; however, as its western aspect does overhang in line with the subject building, conditions do allow selective pruning if needed for clearance reasons or similar.

 

Back within the subject site, along the northeast side boundary, towards the southeast corner, there is a mature, 12m tall Celtis australis (Nettle Tree, T10), which is exempt from Council’s DCP due to being regarded as an undesirable, invasive environmental weed.

 

So despite being shown for retention, conditions formally require its removal so as to eliminate this weed source, with a more desirable replacement feature tree to be provided in its place as part of the new landscape scheme.

 

The 5m tall Wattle (T9) immediately to its southeast is too small for the provisions of Council’s DCP, so can also be removed.

 

Growing in the western setback of the subject site, adjacent the northwest corner of the existing building, there are two mature, 7-12m tall Banksia integrifolia (Coastal Banksia’s, T5-6) of good health and condition, which benefit the local environment due to being native coastal species.

 

Their co-joined canopies were observed to provide shade, as well as assist with partial screening and privacy between this site and the adjoining two story dwelling to the west.

 

Measurements taken on-site confirmed that both are located within 2m of the closest part of the existing building (T5 offset 1900mm & T6 offset 1800mm), meaning they are both exempt under Part B, Section B5, Exceptions, point iii, of Council’s DCP 2013, and could be removed at anytime by the applicant, without needing any type of consent from Council.

 

However, there is a complete absence of any works at all in this area, with the new retaining wall to be setback well away from T5, beyond the extent of its crown, and as all plans have shown their retention, there is no reason why they can’t remain in-situ, with conditions to this effect provided.

 

The two small shrubs (T7-8) in the rear setback, along the southwest boundary, are too small for the DCP, so can be removed.

 

Beyond the northwest corner of the site, growing wholly on the adjoining private property at 21 Ireton Street, hard up against the common boundary, there is from north to south, an 8m tall Archontophoenix cunninghamiana (Bangalow Palm, T3) and a 6m tall Howea fosteriana (Kentia Palm, T4), both of good health and condition, and are also covered by Council’s DCP.

 

As there are no changes to the footprint or ground conditions in this area of the site, there will be no impact on either of these palms, with conditions not required.

 

·     ENVIRONMENTAL HEALTH

In accordance with the requirements of SEPP 55 a Preliminary Environmental Site Assessment was undertaken and a report was provided to Council. After a review of the assessment by Envirotech, it was outlined that the site had no obvious indicators of contamination except the following;

 

1) Asbestos and lead based paints within existing site buildings; and

2) Vegetated areas subjected to historical flaking of asbestos and lead based paints.

 

Soil contamination

The assessment included soil sampling across the site (8 locations) for contaminants of concern e.g. heavy metals and asbestos. It was advised that all sampling results indicated all contaminant concentrations were reported to be below the adopted human health assessment criteria for residential land use and the site is suitable to the proposed land use.

 

Presence of asbestos and lead paint in existing building materials

The preliminary assessment outlined that whilst no potentially hazardous contaminant concentrations were identified within surface soil samples, the Hazardous Material Survey Report, prepared by Sydney Asbestos consulting dates 23 May 2016, indicates hazardous building materials (e.g. asbestos and lead paint) exist within the site buildings.

 

It is noted that the Hazardous Material Survey Report, indicates locations of asbestos material and outlines recommendations to address any risks for the asbestos material on site, however a lead paint audit has not been undertaken.

 

Considering the use of the proposed development as a child care centre and the potential exposure of flaking lead paint  to young children, it is recommended that a lead paint assessment is undertaken prior to the construction certificate being issued for the development. Relevant conditions have been included to address these concerns

 

 

·     NOISE

 

Koikas Acoustics Pty Ltd has completed an acoustic assessment for the proposed use and operation of the child care centre (including operational noises, mechanical plant and vehicular traffic.

 

Council’s Environmental Health Officer is satisfied that the proposed child care centre will satisfy the nominated noise criteria.

 

·     HERITAGE

 

The original building comprises five rooms under the main pitched roof, with ancillary spaces under a rear skillion.  The more recent building is set further to the rear and is wider than the original building with pitched roofs over its entire footprint.  Further to the rear are a detached single garage (possibly replacing an earlier garage) and a carport for 6 cars.