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Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 28 March 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


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick on Tuesday, 28 March 2017 at 6:00pm

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 28 February 2017

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

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

Audio/video recording of meetings prohibited without permission;

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

Mayoral Minutes

MM7/17     Randwick Boys and Girls High Schools - request for financial assistance......... 1   

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

Urgent Business


 

Director City Planning Reports (record of voting required)

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

CP11/17    11 Hooper Street, Randwick (DA/907/2015) (Deferred).............................. 3

CP12/17    5 Edgecliffe Avenue, South Coogee (DA/419/2016) (Deferred)................... 49

CP13/17    19 Mermaid Avenue, Maroubra (DA/958/2016)........................................ 93

CP14/17    4 Conway Avenue, Randwick (DA/629/2016)......................................... 107

Director City Planning Reports (record of voting not required)

CP15/17    343 Anzac Parade, Kingsford
Fire & Rescue NSW Report.................................................................
117

CP16/17    Replacement of Alternate Delegate on Sydney Planning Panel................... 127

CP17/17    Cultural and Community Grants Program - Recommended Allocatons - March 2017.................................................................................................... 129

CP18/17    CBD and South East Light Rail (CSLER) Stop Names................................ 137

General Manager's Reports

Nil

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF6/17      2017 National General Assemby of Local Government............................. 143

GF7/17      Investment Report - February 2017 .................................................... 145

GF9/17      Proposed Commercial Terms - Community and High Performance Centre, Heffron Park.............................................................................................. 155  

Petitions

Motion Pursuant to Notice

NM16/17   Notice of Motion from Cr Matson - Use of non-regulatory Council functions for power bill relief................................................................................ 169

NM17/17   Notice of Motion from Cr Matson - Additional objective for resolved POM for the contaminated land at Bundock Street................................................... 171

NM18/17   Notice of Motion from Cr Stavrinos - Litter legislation and campaigns......... 173

NM19/17   Notice of Motion from Cr Moore - Randwick City "Hollows for Homes"........ 175

NM20/17   Notice of Motion from Cr Roberts - Coogee Beach Volleyball equipment storage box.................................................................................................... 177

NM21/17   Notice of Motion from Cr Matson - Eliciting local MP’s to back a State Government policy of rejecting spot rezonings in the Kensington and Kingsford town centres 179

NM22/17   Notice of Motion from Cr Matson - Signage campaign for a State Government policy of rejecting spot rezoning’s in the Kensington and Kingsford town centres 181

NM23/17   Notice of Motion from Cr Matson - Baker Park fencing............................ 183  


 

Closed Session

Director City Services Reports (record of voting required)

CS2/17      T2017-10 - Tender - Des Renford Leisure Centre Heat Pump Replacement

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CS3/17      T2017-11 - Tender - Malabar Headland Coastal Walkway

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Notice of Rescission Motions

NR1/17     Notice of Rescission Motion submitted by Crs Smith, Seng and Roberts - Acknowledgement of the Support of Local Democracy (Notice of Motion from Cr Neilson)......................................................................................... 185

NR2/17     Notice of Rescission Motion submitted by Crs Matson, Shurey and Roberts - Light Rail capacity - call for Commission of Inquiry (Notice of Motion from Cr Bowen) 187

NR3/17     Notice of Rescission Motion submitted by Crs Matson, Andrews and Seng - Botany Cemetery Expansion Proposal............................................................. 189

NR4/17     Notice of Rescission Motion submitted by Crs Andrews, Roberts and Stavrinos - Temporary Alcohol ban at Dunningham and Goldstein Reserves, Coogee..... 191

NR5/17     Notice of Rescission Motion submitted by Crs Andrews, Roberts, Seng and Stavrinos - 47 Maroubra Road, Maroubra (DA/650/2016)......................... 193  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                                   28 March 2017

 

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Mayoral Minute No. MM7/17

 

Subject:             Randwick Boys and Girls High Schools - request for financial assistance

Folder No:                   F2017/07396

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

I have received a request from Ms Maxine Ford, Liaison Teacher at Randwick Boys’ High School, for financial assistance for a combined Randwick Boys’ and Randwick Girls’ High Schools production to be held at NIDA in August 2017.

 

Issues

 

Ms Ford, in her correspondence, says:

 

“I am writing to express my thanks and appreciation of Randwick City Council's support for Randwick Girls' and Randwick Boys' High Schools' past school shows. Without Randwick City Council's sponsorship, our seven productions from 2010 to 2016 would not have been so successful.  

2017 marks the eighth year that Randwick Girls’ and Randwick Boys’ High Schools will produce an original show at NIDA.  This year's show is to be titled, "When I Grow Up".  Prior to this year, our seven productions, of which Randwick City Council has been a great support, were enormously successful and brought high exposure to our sponsors. This year’s production will take place at the end of August, and will include two matinee and two evening performances. 

Each student involved in the show signs a pledge not to smoke, drink or use drugs during the production year, as well as to maintain their commitment to their studies.  This experience encourages our students to live a positive, healthy, creative lifestyle, building strong connections with students, teachers, parents, and members of the Randwick community.”

       
The Schools have asked for financial assistance from Council for the August 2017 production and have indicated that they will ensure that Council’s contribution is acknowledged on the students' jerseys, flyers, and school newsletters, fostering a strong community awareness of our involvement.

 

Financial impact statement

 

If the report recommendation is adopted, the donation (of $4,000) will be funded from the 2017-18 Contingency Fund budget.

 

Conclusion

 

Council has provided financial support for the Randwick Girls’/Randwick Boys’ Rock Eisteddfod team for a number of years and supported the combined show at NIDA since 2010. It is recommendation that Council contributes towards the cost of the Schools’ 2017 production as this is an important community event and worthy of continued financial assistance from Council. The event will be ‘drug-free’ which positively encourages a healthy lifestyle for those involved as well as fostering the development of the students' talents in the creative arts.

 

Recommendation

 

That:

 

a)     Council donates $4,000.00 to the Randwick Girls’ and Boys’ High Schools for the        combined production to be held at NIDA in August 2017, such funds to come   from the 2017-18 Contingency Fund budget.

 

b)     the Schools undertake to appropriately and prominently promote Council’s        sponsorship of the event.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                   28 March 2017

 

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Director City Planning Report No. CP11/17

 

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

Folder No:                   DA/907/2015

Author:                   Jonathan Blackmore, Environmental Planning Officer     

 

Introduction

 

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

 

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

 

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

 

The application was then considered at the Ordinary Council Meeting on 13 February 2017.  At the meeting, it was resolved:

 

“(Matson/Stavrinos) that this application be deferred to for mediation to address the issue of solar access.”

 

Issues

 

Mediation Session

Mediation was held on 15 February 2017 between the applicant and objectors. The following comments were provided by the Mediator:

 

a)     The applicant agrees to provide elevation shadow diagrams on the west facing wall on No. 13 Hooper Street.

b)     All openings on the eastern side wall associated with car parking and the driveway are to be blank with greenery provided.

c)     The applicant is to investigate reducing the front of Building A and to investigate options to increase the window size on No. 13 Hooper Street [to facilitate improved solar access] at the applicant’s cost. 

d)     The applicant is to respond to draft conditions proposed by the owners of No. 13 Hooper Street.

e)     The applicant is to investigate possible alternative landscaping (i.e. alternatives to the proposed Westringia plants).

f)     The applicant is to review the front façade design to soften its appearance by changing materials and colours. 

 

The following comments are provided in response to the items above:

 

a)   The applicant has now supplied elevations shadowing diagrams for the west face of No. 13 Hooper Street. The applicant advises,

 

As discussed during the mediation and at the on-site meeting, the applicant also proposes to make modifications to the windows along the western elevation of 13 Hooper Street, so as to retain an appropriate degree of solar access. The proposed modifications include the provision of a new window, being W1A, whilst also enlarging existing windows W4 and W5 to have a lower sill height of 1.35m above FFL. As a result of the proposed amendments, the new window, being W1A which is located within the entry / dining area, will receive 1 hour solar access between 11:30am – 12:30pm. Windows W4 and W5, being the living room windows, will receive 3.8 hours of solar access, which results in an increase from the existing 3 hours of solar access currently obtained. 

 

Assessing officer’s comment: Proposed changes to No. 13 Hooper Street do not form part of this application and are a matter between the applicant and the objector. A separate application maybe required. 

 

In accordance with sub-section 5.1 Solar Access and Overshadowing of the C2 – Medium Density Residential Provisions of the Randwick DCP 2013, the following controls apply to the subject site and proposed development:

 

b)  The car park and driveway openings on the eastern elevation are now enclosed with timber battens.

 

c)  The applicant has proposed modifications to the front façade, including additional composite timber cladding to soften the built form, and the incorporation of a splay within the north eastern corner of Apartment 202, which maximises solar access to 13 Hooper Street whilst also assisting in further softening the built form. In relation to window sizes on No. 13 Hooper street, see comments under a), above.

 

d)  The applicant provides the following response to the draft conditions proposed by the owners of No. 13 Hooper Street:

 

“In relation to the draft conditions of consent, I provide the following response:

 

§  Solar Access to W1 and W2 –

addressed in the submitted letter + architectural shadow study.

 

§  Privacy measures such as obscure glazing or highlight windows to properties that have the potential to overlook

 

As shown on the eastern elevation, all windows are highlight windows, have a sill height of 1.6m or are fixed, translucent and fire rated windows.

 

§  Privacy measures to outdoor terrace

As shown on the floor plans, angled louvre screens within a height of 1.6m have been provided to the outdoor terraces of Apartment 201 and 202

§  No apertures, openings, vents or the like provided on the proposed eastern wall. The eastern wall has been enclosed and there is no openings.

 

§  No plant equipment, air conditioning units or the like shall be provided on the proposed eastern wall 

As illustrated on the eastern elevation, there is no service equipment proposed along the eastern wall. This can also be addressed through Development Consent Conditions.”

 

e)  The applicant has now replaced Westringia shrubs with Lilli Pillis within the rear setback. Screen planting of a height of 2m is now proposed along the eastern boundary fence.

 

f)  See comments under c), above.

 

Other Revisions

 

The applicant reduced the depth of the rear decks to balcony ‘B’ so that they do not exceed a depth of 1m. This was originally recommended as a condition of consent. That condition is now no longer recommended.

 

Notification

 

It is considered that the revisions do not require notification as the changes reduce the built scale of the proposal, mitigate adverse impacts, and are generally within scope of what was originally notified.

 

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 applicant and objectors have attended mediation. The applicant have undertaken design revisions to seek to meet the mediated outcomes, particularly in regards to solar access for No. 13 Hooper Street. It is noted that proposed changes to windows at No. 13 Hooper Street do not form part of the this application and may require a separate application.

 

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

 

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

 

 

Recommendation

 

A.     That Council supports the exception to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.4 of Randwick Local Environmental Plan 2012, relating to floor space ratio, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning & Environment be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 907/2015 for Demolition of the existing dwelling, construction of a part 2/part 3 residential flat building in 2 building forms containing 5 dwellings, basement car parking for 7 vehicles, landscaping and associated works (variation to floor space ratio control) at 11 Hooper Street, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

DA100 Rev B

Kvmzv Architecture

12 May 2016

DA102 Rev C

Kvmzv Architecture

4 March 2017

DA103 Rev C

Kvmzv Architecture

4 March 2017

DA105 Rev C

Kvmzv Architecture

4 March 2017

DA106 Rev C

Kvmzv Architecture

4 March 2017

DA110 to DA114 Rev C

Kvmzv Architecture

4 March 2017

DA200 to DA207 Rev C

Kvmzv Architecture

4 March 2017

DA301 to DA304 Rev C

Kvmzv Architecture

4 March 2017

DA401 to DA405 Rev C

Kvmzv Architecture

4 March 2017

DA601 to DA602 Rev A

Kvmzv Architecture

10 December 2015

DA701 to DA705 Rev C

Kvmzv Architecture

4 March 2017

 

BASIX Certificate No.

Dated

682295M

2 December 2015

 

Amendment of Plans & Documentation

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

 

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

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

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

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

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

f.   All privacy screens must be constructed with either:

 

·      Fixed lattice/slats with individual openings not more than 30mm wide;

 

·      Fixed vertical or horizontal louvres with the individual blades angled and spaced appropriately to prevent overlooking into the private open space or windows of the adjacent dwellings.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

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

 

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

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $2,203,366 the following applicable monetary levy must be paid to Council: $22,036.60.

 

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

 

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

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $5000 - Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

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

 

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

 

Street Tree Management

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

 

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

 

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

 

c.       A loss of amenity fee in recognition that the only reason this established native tree is being removed from public property is to accommodate the development of private property, and will be used towards the planting of additional street trees elsewhere in the street or surrounding area.

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9093-6613 (quoting the receipt number), and giving at least four working weeks notice (allow longer for public holidays or extended periods of rain) to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement.

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Design Alignment levels

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

 

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

 

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

         

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

 

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

 

Driveway Design

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

 

BASIX Requirements

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

 

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

 

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

 

Flood Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    Roof areas

·    Paved areas

·    Grassed areas

·    Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Site Seepage & Groundwater

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

 

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

 

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

 

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

 

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

               

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

 

Waste Management

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

 

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

 

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

 

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

 

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

 

Street Tree Protection

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Tree Protection Measures

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

26.     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

27.     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

28.     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

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

 

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

 

Construction Site Management Plan

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

 

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

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

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

 

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

 

Construction Traffic Management

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, for a ‘Works Zone’ to be provided in Hooper Street for the duration of the demolition & construction works. 

 

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

 

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

 

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

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

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

 

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

 

Demolition Work Plan

34.     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

35.     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.

 

36.     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

37.     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

38.     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

39.     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

40.     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

41.     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

42.     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

43.     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

44.     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.

 

45.     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.

 

46.     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

47.     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

48.     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

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

 

Stormwater Drainage

50.     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.

 

51.     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

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

                 

Pruning

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

 

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

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

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

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

 

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

56.     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

57.     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

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

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

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

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

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

 

59.     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.

 

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

 

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

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

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

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

 

Service Authorities

Sydney Water Requirements

61.     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

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

 

Flooding

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

 

64.     A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the undercroft area underneath the rear ground floor slab shall not be enclosed or used for the storage of goods, so as to ensure the overland flow path is maintained through the subject property. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

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

 

Stormwater Drainage

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

 

Notes:

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

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

 

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

 

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

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

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

·           Invert & surface levels at any pits.

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

 

67.     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.

 

68.     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

69.     Prior to issuing any type of Occupation Certificates, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Landscape Plan by KVMZV Architecture, dwg DA105, rev B, dated 12.05.16.

 

70.     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.

 

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

 

Site Arborist Certification

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

 

          Tree Protection Certification

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

 

Waste Management

74.     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.

 

75.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of Premises

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

 

External Lighting

77.     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

78.     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

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

 

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

 

Stormwater Detention/Infiltration System

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

 

Residential Parking Permits

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

 

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

 

Rainwater Tanks

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

A8      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A9      Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

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

 

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

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

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

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

 

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

 

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

 

A12     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

1.

11 Hooper St, Randwick (DA 907 2015) - Executive report - 22 November 2016

 

 

 

 


11 Hooper St, Randwick (DA 907 2015) - Executive report - 22 November 2016

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council                                                                                                   28 March 2017

 

RCC LOGO_Stacked_COLOUR_RGB

Director City Planning Report No. CP12/17

 

Subject:             5 Edgecliffe Avenue, South Coogee (DA/419/2016) (Deferred)

Folder No:                   DA/419/2016

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Background

 

The application is seeking approval for partial demolition of and alterations and additions to the existing dwelling house including new upper level addition, rear in-ground swimming pool with associated decks, widening of the driveway, changes to the front boundary wall, associated site and landscaping works.

 

The application was then considered at the Ordinary Council Meeting on 13 February 2017.  At the meeting, it was resolved:

 

“(Andrews/Matson) that the application be deferred for mediation.”

 

The applicant, Mr. Roger Habib, advised by letter on 16 March that he did not wish to participate in mediation and requested that the application be reported to the 28 March Ordinary Council Meeting. Mr Habib also stated that the application process has already been lengthy and the concerns of the neighbours were addressed in the assessing officer’s report to the 13 February meeting. 

 

The application is therefore referred back to Council for consideration. 

 

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 application is referred back to Council for its 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/419/2016 for alterations and additions to the existing dwelling house including new upper level addition, rear in-ground swimming pool with associated decks, widening of the driveway, changes to the front boundary wall, associated site and landscaping works, at No. 5 Edgecliffe Avenue, South Coogee, 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

DA 0154 (Revision B)

Red Blue Architect and design

25/05/2016

DA 0200 (Revision C)

Red Blue Architect and design

26/09/2016

DA 0201 (Revision C)

Red Blue Architect and design

26/09/2016

DA 0202 (Revision C)

Red Blue Architect and design

26/09/2016

DA 0203 (Revision C)

Red Blue Architect and design

26/09/2016

DA 0204 (Revision C)

Red Blue Architect and design

26/09/2016

DA 0207 (Revision C)

Red Blue Architect and design

26/09/2016

DA 0210 (Revision C)

Red Blue Architect and design

25/05/2016

DA 0211 (Revision A)

Red Blue Architect and design

26/09/2016

DA 0221 (Revision A)

Red Blue Architect and design

27/09/2016

 

BASIX Certificate No.

Dated

A241570

30 May 2016

 

Amendment of Plans & Documentation

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

 

a)     The rear Balcony 1 off the sitting room on level 2 shall be reduced in size to have a maximum depth of 1m.  To provide cover over the ground floor Deck 1 an awning structure can be constructed in its place to a maximum RL height of 52.590.

 

b)     The ensuite on level 2 shall be reduced in depth by 1 metre.   The ensuite maybe increased in width by 1 metre to substitute for the loss in area.

 

c)     The new western boundary fence shall be at a maximum height of 1.2m from the existing ground level of the adjoining property at no. 1 Edgecliffe in order to retain the water horizon views.

 

d)     The glass balustrades to Deck 2 on the eastern elevation shall be of obscure glazing to minimise overlooking in a downward direction into the neighbour property at no. 7 Edgecliffe Avenue.

 

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.

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,234,895 the following applicable monetary levy must be paid to Council: $12348.95.

 

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

5.       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

6.       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:

 

·           $1000.00 -  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

7.       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 as follows:

 

·      Extended Western Driveway Entrance – RL 45.17 AHD

·      Pedestrian Entrance – RL 46.48 AHD

 

The design alignment levels at the property boundary as issued by Council 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.

 

8.       The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $167.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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 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.

 

New Street Tree

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 selected from Council’s Street Tree Masterplan, on the Edgecliffe Avenue verge, an equal distance between the western edge of the new vehicle crossing and western 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.

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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.

 

Structural Adequacy

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

 

BASIX Requirements

13.     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.

 

Stormwater Drainage

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

 

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

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

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

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

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

 

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

15.     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

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

17.     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

18.     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

19.     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

20.     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

21.     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.

 

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

 

Landscape Plan

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

 

a)       A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity and any other details required to describe the works;

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

c)       A high quality selection and arrangement of decorative species throughout the front setback so as to assist with presentation of the development to the streetscape;

d)       So as to maintain existing water views for adjoining neighbours to the west, this Plan must include details confirming that any species selected along the length of the western site boundary, including adjacent the pool, will be a species that will not exceed 2 metres in height at maturity above finished ground levels, with screening along the eastern site boundary to use only those species that will not exceed 3 metres in height above finished levels;

e)       The tree shown for the rear yard, adjacent the southwest corner of the new dwelling, as well as the three shown for the front setback must be a feature species that will not exceed 4 metres in height at maturity, with the nominated species to be shown in order to confirm compliance.

 

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

24.     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

25.     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

26.     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

27.     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

28.     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

29.     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

30.     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

31.     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.

 

32.     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.

 

33.     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

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

 

Tree Management

35.     Due to their small size and insignificance, no objections are raised to removing any vegetation throughout the site, including the dead tree in the rear yard, towards the southwest corner, so as to accommodate the works as shown, but is subject to full implementation of the approved landscaping.

 

Road / Asset Opening Permit

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

37.     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

38.     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.

 

Swimming Pool Safety

39.     Swimming pools are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building (as defined in the Swimming Pools Act 1992) that is situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with Australian Standard AS 1926.1 – 2012 (Swimming Pool Safety Part 1 - Safety Barriers for Swimming Pools).

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided 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.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Note: This development consent does not approve the design and location of swimming pool fencing and other swimming pool safety barriers. Swimming pool fencing and other safety barriers are required to comply with the Swimming Pools Act 1992 and Swimming Pools Regulation 2008. Details of compliance are required to be incorporated into the plans and specifications for a Construction Certificate, to the satisfaction of the Certifying Authority.

 

Spa Pool Safety

40.     Spa pools are to be designed and  installed in accordance with the relevant provisions of the Building Code of Australia and be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

41.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and   

c)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

42.     The owner of the premises must ‘register’ the swimming pool [or spa pool] on the NSW Swimming Pool Register, in accordance with the Swimming Pools Amendment Act 2012.

 

The Swimming Pool Register is administered by the NSW Government, Department of Premier & Cabinet, Division of Local Government and registration on the Swimming Pool Register may be made on-line via their website www.swimmingpoolregister.nsw.gov.au.

 

Registration must be made before the issue of an Occupation Certificate for the pool.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

a.       Reconstruct the concrete vehicular crossing opposite the vehicular entrance to the site to Council’s specifications and requirements.

 

b.       Construct new concrete steps and footpath between the vehicular crossing and the western pedestrian gate entrance to Council's specifications and requirements.

 

c.       Regrade and returf Council’s nature strip, as required by Council, along the site frontage to suit the new footpath/step levels on Council’s nature strip. The works are to be to council’s specifications and requirements. This may include the owner meeting the cost for lowering of public utility services.

 

Note: Should the proposed Council footpath/step works in front of the development site commence after completion of the adjoining developments (No. 3 Edgecliffe Ave) construction of the retaining wall on Council property then the owner/applicant is to meet all costs associated with removing the subject retaining wall.

 

44.     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.

 

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

 

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

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to 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.

 

Landscaping

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

 

47.     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.

 

48.     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.

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

49.     The premises must only be used as a single residential dwelling and must not be used for dual or multi-occupancy purposes.

 

50.     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

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

 

Plant & Equipment

52.     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

53.     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

54.     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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

A13     Underground assets (e.g. 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.

 

A14     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.

 

A15        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.

 

 

Attachment/s:

 

1.

5 Edegecliffe Ave, South Coogee (DA/419/2016) - Executive Report - Planning Committee Meeting on 14 March, 2016

 

2.

Applicant letter - confirmed not participating in Mediation

 

 

 

 


5 Edegecliffe Ave, South Coogee (DA/419/2016) - Executive Report - Planning Committee Meeting on 14 March, 2016

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Applicant letter - confirmed not participating in Mediation

Attachment 2

 

 


Ordinary Council                                                                                                   28 March 2017

 

RCC LOGO_Stacked_COLOUR_RGB

Director City Planning Report No. CP13/17

 

Subject:             19 Mermaid Avenue, Maroubra (DA/958/2016)

Folder No:                   DA/958/2016

Author:                   Willana Associates, Pty Ltd      

 

Proposal:                    Demolition of existing dwelling, construction of a 4 level dwelling with garage and car lift to front, swimming pool to rear and associated works (variation to height control)

Ward:                     Centre Ward

Applicant:                Walter Baroa Design Pty Ltd

Owner:                        Mr D J Sullivan & Mrs S L Sullivan

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is assessed by external planning consultant and referred to Council for determination as the owner of the property was a Randwick City Council former mayor.

 

Proposal

 

The proposal involves the demolition of the existing dwelling and construction of a multi-level (to be read as a single storey structure to Mermaid Avenue and 4 storey’s when viewed from the rear) including infrastructure and landscaping works.

 

The new dwelling house incorporates the following features;

 

Street level

§ Double garage that includes a car lift which will cater for 4 vehicles on site

§ Main entry foyer

§ Concealed bin storage area at the front

§ Two bedrooms (Bedrooms 3 and 4) including ensuites

§ Internal circulation spaces (lift and stairs).

 

Level 2

§ Two car parking spaces

§ Bedroom 2 with ensuite and WIR

§ Master Bedroom with ensuite and WIR

§ Master terrace

 

Level 1

§ Media room and cellar

§ Study

§ Living, dining and kitchen area

§ Associated amenities

§ External terrace area

 

Ground floor

§ Family room

§ Laundry

§ Guest bedroom

§ Storage area and associated amenities

§ Outdoor terrace area and swimming pool

 

Site

 

The subject site is a relatively regular shaped allotment with a frontage of 15.54m to Mermaid Avenue and total site area of some 665sqm. The legal description of the site is Lot 10 in DP 12218. The subject site is located on the lower (eastern side) of Mermaid Avenue and the site has a steep fall of approximately 17m from the front (west) to the rear (east).

 

Existing on site is a three storey traditional brick dwelling house with a pitched roof and double garage at the front of the property with direct access off the street.

 

Immediately to the north of the site is No.17 Mermaid Avenue. This property includes a single storey garage at the front of the site with the main pedestrian entry to the dwelling. The primary dwelling is essentially detached from the garage structure and sited further down the site. The dwelling is two storey’s and includes a flat roof. Access to the dwelling from the front is provided by an open style elevated walkway. The main area of open space for this dwelling is centrally located.

 

No. 21 Mermaid Avenue to the south of the subject site is a three storey dwelling house which includes an elevated terrace and swimming pool structure at the rear. Part of the rear upper level terrace (northern portion) has been enclosed.

 

The streetscape comprises of a variety of dwelling houses of varying scales and forms however recently constructed homes on the western side of the street are typically 4 storeys in form. Properties further to the north of the subject site (No.15, 13, 11, 9 Mermaid Avenue) consist of three to four storey dwelling houses.

 

The street and immediate locality is going through a period of transition with many older style homes being redeveloped.

 

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:

 

·      18 Mermaid Avenue, Maroubra

 

Concerns of the owners of 18 Mermaid Avenue regarding potential view loss were alleviated following discussions with the assessing planner during a visit to their property.

 

Key Issues

 

Randwick Local Environment Plan 2012

 

Clause 4.6 exceptions to development standards

 

The proposal exceeds the maximum statutory height limit of 9.5m. The standard that is being varied in this case is Clause 4.3(2) of the RLEP. The height control is a development standard not a performance based control. It is noted that the development also does not comply with wall height controls from RDCP.

 

Clause 4.6 of the RLEP 2012 establishes the framework for varying development standards within the planning instrument. Subclause 4.6(3)(a) and 4.6(3)(b) state that Council must not grant consent to a development that contravenes a development standard unless a written request has been received from the applicant that seeks to justify the contravention of the standard by demonstrating:

 

4.6(3)(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

 

4.6(3)(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Subclause 4.6(4)(i) mandates that development consent must not be granted for a development that contravenes a development standard unless Council is satisfied:

 

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

 

(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….

 

The applicant has submitted a detailed Clause 4.6 report. An assessment of the Clause 4.3 variation is provided below, in accordance the requirements of Clause 4.6.

 


 

Description of the variation

 

The degree of non-compliance varies and is greatest along the northern side of the site as the existing ground level along this side is unformed and is at a lower level than the relatively formed ground levels along the southern side of the site. That is the reason for the large discrepancy in the height along both sides (elevations) of the building. Where the ground floor is unformed on the northern side, it is much lower than the southern side and therefore the non-compliance is greater along the northern elevation. The majority of the dwelling complies with the height limit as the built form is stepped down the site reducing visual bulk and scale.

 

The proposed variation is only associated with a portion of the built form at the rear of the building, mainly at what is designated to be the “street level” on the plans. The eastern side of the eave at street level exceeds the 9.5m height limit by some 550mm along the southern side but the exceedance is up to 3.66m along the northern side at its highest point. The proposed chimney exceeds the height however chimney features are excluded from the building height definition.

 

The table below summarises the nature and percentage of the variation.

 

Table 1: RLEP 2012 Variation

 

Clause

 

Control

 

Proposed development

 

Variation

 

4.3 (2)

Building Height

 

9.5m

 

Southern side 10.05m

 

 

Northern side 12.06m-13.16m

 

Southern side 550mm

6%

 

Northern side 2.56m-3.66m

27% - 38%

 

The noncompliance partially relates to roof design which creates visual interest and definition to the upper level while providing weather protection and a pavilion feel for the level 2 terrace area.

 

The non-compliance along the northern side also relates to a section of the staircase. Since the non-compliance is along the northern side there is no additional overshadowing created by the areas of non-compliance. Figure 1 and 2 below show the area of non-compliance in a 3D and 2D form.

 

Figure 1: 3D perspective indicating the area of non-compliance above the green shading (Walter Barda Design, 2016)

 

Figure 2: Northern elevation and the elements of non-compliance located above the dotted green line (Walter Barda Design, 2016)

 

It should be noted that the current dwelling is three storeys in form and it is unlikely that it currently complies with the height limit along the northern side. The existing building reaches RL39.55 to the top of the ridge and would be about 1m lower at the rear section near the gutter so approximately RL38.55. The proposed building reaches an RL39.06 at the rear so the levels are consistent with the existing form and height to a large degree.

 

The height of the dwelling will also be consistent with other buildings along this side of the street (i.e No.21 reaches RL36.84, No.17 reaches RL38.34 and No.11 has a height of RL42.43) so the proposal will maintain consistency in the scale and height of developments along this side of the street.

 

The applicant has submitted a Clause 4.6 Statement to support the non-compliance with the height in accordance with the provisions and requirements of Clause 4.6 of the RLEP.

 

Clause 4.6(3) states that 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 and unnecessary in the circumstances of the case, and

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

 

Is strict compliance with the Development Standard Unreasonable or Unnecessary in the Circumstances of the Case?

In this instance, the strict numerical compliance with the development standard for building height is unreasonable and unnecessary. On 19 February 2016 Preston CJ confirmed the approach to the “unreasonable or unnecessary” test in Clause 4.6 adopted by Morris C in Micaul Holdings Pty Limited v Randwick City Council.

Consistent with that decision, it is submitted that compliance with the height standard would be unreasonable or unnecessary for the following reasons:

 

·      A compliant built form would lack the architectural detailing and articulation that is expressed through the design of the building and could compromise the internal amenity of the building.

·      The non-compliance is located towards the rear of the building and will therefore not be visible from the streetscape.

·      The non-compliance is not creating any adverse amenity impacts in terms of increasing overshadowing or overlooking as most of the non-compliance is along the northern side and predominantly focused on the roof elements.

·      A compliant built form could have greater adverse amenity impacts to adjoining properties as a large proportion of the building at the rear is well below the 9.5m height limit due to the stepped form of the building.

 

Are there sufficient environmental planning grounds?

In the circumstances of the case, there are sufficient planning grounds to justify the variation of the development standard, namely: 

 

§  The proposal satisfies the aims, objectives of the zone and development standard as discussed in more detail below.

§  The non-compliance with the building height standard does not contribute to adverse environmental impacts in terms of overshadowing, visual impacts or view loss. 

§  The proposed non-compliances with the height controls provide a building form and scale which is consistent with the height and scale of surrounding existing and new development. 

§  The built form results in no significant additional adverse amenity impacts to surrounding development over and above what a compliant built form might create, particularly in relation to solar access (refer to shadow diagrams).

§  A compliant built form will have greater amenity impacts as much of the proposed building is either compliant or below the maximum height.

§  The non-compliance with the standard does not result in a scale of building that is incongruous with the existing or desired future character of the surrounding built environment.

§  The development as proposed is consistent with the provisions of encouraging and promoting orderly and economic development. 

 

Clause 4.6(4)(a)(ii) requires the consent authority to be satisfied that the proposal is in the public interest and ensure it is consistent with the zone and development standard objectives.

 

Objectives of the standard

The proposed development is considered to satisfy the objectives of the development standard which are aimed to;

 

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

 

Comment:

The proposal satisfies this objective as the development will be sympathetic to and consistent with recently constructed dwellings in the street. The higher side of the street (western side) contains a number or larger 4 storey properties, many recently constructed. The nature and scale of the proposal is in keeping with these, although the subject development will have a lesser visual impact to the streetscape as most of the bulk is contained and situated at the rear of the site and steps down the slope aligning with the natural topography of the land.

 

The generally single storey scale to the street is consistent with adjoining properties along this side of the road. Some older properties i.e No.11 Mermaid Street are much larger in bulk and scale and this property in particular will still be higher than the proposal as the highest point of the building sits at RL42.43.

 

The proposal will be consistent with the character of development occurring in the locality and it is fair to say the development is in line with the desired future character for the area.

 

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

 

Comment:

This objective is not considered to be relevant in this case as the subject site is not within a Conservation Area or within close proximity to any heritage items.

 

(c) 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.

 

Comment:

The proposed non-compliance is considered to be minor along the southern elevation of the building and the additional height is not considered to adversely affect the adjoining property. The fact that the building steps down the site and is well under the height limit at the rear of the site reduces the impacts to the south, especially in respect to overshadowing.

 

The greatest exceedance in the height is along the northern elevation where the land is largely unformed and falls steeply. There is no adverse impact created in terms of overshadowing and the area of the variation is concentrated around the roof form rather than habitable spaces. There is part of the staircase that exceeds the height but this space will not contribute to overlooking as this element is setback 1.8m from the side boundary and is only a circulation space so not a habitable area. If approval is granted a condition does require the eastern most panel to the staircase to be obscure glazed or external louvres applied to reduce the potential for overlooking from the landing as the area could potentially look down into the open space at No.17 Mermaid Avenue.

 

The remaining areas of non-compliance relate mainly to the roof form but there is also some non-compliance by the northern wall to bedroom No.4 however the northern window is screened with a fixed louvre to avoid overlooking and the wall is setback over 5.9m from the northern boundary which provides an adequate degree of physical separation.

 

Objectives of the zone

The proposed development aims to satisfy the objectives of the R2 zone which include;

 

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

 

Comment:

The proposal satisfies this objective by merely replacing an old, outdated dwelling with a modern, contemporary style dwelling house within a residential environment.

 

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

 

Comment:

This objective is not considered to apply to the proposal as it is residential in its nature.

 

§ 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.

 

Comment:

As previously mentioned the streetscape and immediate locality is going through a period of change and transition. The area is located within a foreshore scenic protection area and as such has become a popular and desirable place to live with most properties benefiting from expansive ocean and coastal views. Most properties are now being redeveloped, upgraded and modernised with new larger scale properties replacing older housing stock.

 

The proposed development is reflective of the nature and scale of the newer properties in the street and immediate locality and the proposal is consistent with the desired future character intent for the area.

 

§ To protect the amenity of residents.

 

Comment:

The proposed design provides a high degree of architectural merit and it is intended that it will be a high quality residential home. It has been sensitively designed to consider the coastal location and steep topography and slope of the land. The built form is well articulated with differing architectural elements to reduce the bulk and scale of the proposal by recessing elements to reduce their dominance i.e use of balconies, staircases and pathways and circulation spaces.

 

§ To encourage housing affordability.

 

Comment:

The proposed development is only replacing an existing dwelling house with a more contemporary building.

 

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

 

Comment:

This objective is not applicable to this development as it is of a residential nature.

 

Public Interest

In terms of public interest, the proposal is below the height control towards the eastern part of the site and additional levels could be incorporated along this side whilst still complying with the height and this could achieve a fully compliant building. The disadvantage of this is that the bulk and scale of the building will be accentuated along the rear of the site and there would be greater adverse amenity impacts i.e overshadowing to the south and potentially greater overlooking and visual bulk.

 

The fact the building steps gradually down the site is a better urban design outcome and in the public interest.

 

It is considered that the Clause 4.6 statement is well considered and well founded and the variation should be supported in this instance.

 

View Loss

The issue raised by this neighbour in their submission to Council is the potential view loss generated by the proposal.

 

A site visit was conducted on 22 February 2017 and the plans were discussed with the residents of this property. The photo included below has been taken from the upper level living room area of 19 Mermaid Avenue. It is evident from this photo and the siting of this property that the proposal will not adversely affect the existing water and coastal views.

 

No.18 Mermaid Avenue is situated on the high side of the street and it is a four storey home that looks down and over the properties on the lower side principally No.s 17, 19, 21, 23 and 25 Mermaid Avenue.

 

The proposed development will have a minimal impact and the glass roof feature which is required to assist in servicing the car lift will obscure a small section of the north-eastern aspect but from the photo below it can be seen that this isn’t the primary view and will only diminish some of the rear yards of properties situated further north (along Liguria Street). After the site meeting the residents were satisfied that the impacts were minimal and acceptable given that the single storey garage and entry section of the proposed dwelling is mostly located below the height limit of 9.5m and the garage roof feature is a glazed element and is unlikely to add any undue bulk.

 

In conclusion, the view loss has not been assessed under the Tenacity 5 part Test as the potential view loss is considered to be negligible and the primary eastern ocean views will be retained from the living room and primary habitable areas of this neighbouring property.

 

Photo 1: View of the subject site from the front balcony that adjoins the living area at No.18 Mermaid Avenue

 

Setbacks

The proposed development fails to comply with the side setback control for the upper levels along a small section of the building along the southern and northern sides where the building represents a three storey form and a side setback of 1.5m is required. The non-compliance is considered to be minor as it only affects a small section of the southern side of the building. The proposed 1.2m setback is considered satisfactory and most of the building complies with this requirement along this side.

 

In terms of the rear setback, the minimum rear setback requirement is 8m. The building is setback 8m from the southern side but only 6.5m along the northern side.

 

The encroachment of 1.5m is created by the planter box which forms part of the swimming pool structure.

 

The DCP permits some encroachments on the rear setback which includes structures such as car ports, garages, pools, water tanks and the like if the structures satisfy the other key controls within the DCP.

 

The encroachment is considered to be minor and will only consist of a planter box which is seeking to improve the visual appearance of the development from the rear. This section of the building is still setback further than the existing dwelling to the north (No.17) so it will not be a dominating feature. The planter box is raised some 2m above the ground level which isn’t considered excessive in height and once vegetated will be seen to blend into the natural environment and provide additional screening.

 

The rear encroachment does not affect the foreshore building line.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development has been designed to generally comply with Councils key statutory and performance based planning controls. The design is well considered and reflects the topography of the site. The non-compliance with the height control in this instance is considered to be acceptable and reasonable given that the non-compliance still achieves the objectives of the standard and zone and the design is in the public interest as a complying built form is likely to have greater amenity impacts.

 

The overall design is in keeping with the character of development in the streetscape and will be reflective of the desired future character for development in the immediate locality.

 

Subject to the imposition of some conditions in relation to preserving and improving privacy to the adjoining the neighbours the proposal should be supported.

 

 

 

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 Clause 4.3 of Randwick Local Environmental Plan 2012, relating to the height control respectively, 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.958/2016 for the demolition of the existing dwelling and construction of a part two, part 4 level dwelling with double garage and car lift to front, swimming pool to rear and associated landscaping and site works at No.19 Mermaid Avenue, Maroubra, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Amendment of Plans & Documentation

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

 

a.     A louvred privacy screen having a minimum height of 1.5m above floor level must be provided to the following areas;

 

i)    For a length of 1m extending beyond the column adjoining the planter box along the northern side of Level 2 to assist in screening the accessway to the master terrace.

 

ii)   A 1m long privacy screen along the northern side of the ground floor terrace to screen part of the staircase leading up to the living area on Level 1.

 

 

b.     All 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 screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame. The screens are to fixed and be angled so that you can not look down to any areas of private open space or through to any key habitable areas.

 

c.     The eastern most panel of the main staircase (adjacent to the landing) shall be constructed of obscure glazing or include a full length external fixed privacy screen to reduce the potential for overlooking to No.17. This reduces the potential for perceived overlooking and breaks up the extent of glazing along this side.

 

d.     The walkway leading out to the master terrace on Level 2 shall be cutback by 3.5m from the east so that the viewing platform/area is removed and replaced with planting and access is provided only to the terrace area to the south.

 

e.     Any new side boundary fencing shall be designed to be stepped down the site and shall be constructed of solid materials (preferably of timber) and options discussed with the adjoining neighbours to ensure mutual agreement.

 

f.     The rear boundary fence shall be a low scale fence to a maximum height of 1.5m (so as to reduce the height and scale of this structure to the foreshore) and should be constructed of materials that are sympathetic to the foreshore (preferably timber).

 

g.     No access shall be provided from the rear to the foreshore.

 

Tree Management

41.     Approval is granted for the removal of all existing vegetation within the subject site, due both to being undesirable environmental weeds, as well as their direct conflict with all aspects of the works as shown, and is subject to full implementation of the approved landscaping:

 

a)       The Draceana marginata (Draceana) on the verge, against the front fence/northern edge of the existing driveway, during works for the new vehicle crossing in this same area as shown;

 

b)       The group of self-seeded shrubs/small trees about halfway along the length of the northern site boundary, hard up against the northeast corner of the existing dwelling, being three Phoenix canariensis (Canary Island Date Palms) and a Lagunaria patersonii (Norfolk Island Hibiscus), as all are environmental weeds/undesirable species, and are also in direct conflict with the significant earthworks and new footprint that are shown for this same area of the site;

 

c)       In the rear setback, along the southern site boundary, beyond the southeast corner of the existing dwelling, the Metrosideros excelsa (Pohutakawa), given it is which is an exotic species of no value to the local environment or native fauna, which is also in direct conflict with the pool and pool terrace area, along with the self-seeded Phoenix canariensis (Canary Island Date Palm) to its northeast.

 

 

Attachment/s:

 

1.

DA Compliance Report - 19 Mermaid Avenue, MAROUBRA

INCLUDED UNDER SEPARATE COVER

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Director City Planning Report No. CP14/17

 

Subject:             4 Conway Avenue, Randwick (DA/629/2016)

Folder No:                   DA/629/2016

Author:                   Plandev Pty Ltd, Thomas Mithen      

 

Proposal:                    Alterations and additions to the existing dwelling house including new first floor addition, relocation of front entry, new front fence and carport

Ward:                     North Ward

Applicant:                Georgina Wilson Architect

Owner:                        Mr N A Sinclair & Ms T R Epstein

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

Development Application Executive summary report

 

The application is assessed by external planning consultant and refer to Council for determination as the objector is a relative of a Council employee.

 

1.         Background

 

On 8 December 2016, the applicant submitted an updated Statement of Environmental of Effects and amended architectural plans, including a View Study and further design details regarding the carport and front fence, and the location of the front entry. The amended architectural plans only incorporated additional information/details, and there were no changes made to the design.

 

On 8 March 2017, the applicant submitted updated shadow diagrams following a review of the 3D computer model shadow diagrams. The updated shadow diagrams indicated that the shadow cast in the existing situation was greater than depicted in the originally lodged shadow diagrams. There is no change to the shadow cast by the proposal.

 

2.         Proposal

 

The proposal is for alterations and additions to the existing dwelling house including;

·      demolition of the existing rear section of the dwelling house;

·      modification of the internal layout;

·      construction of a first floor addition;

·      new carport structure and front fence; and

·      relocation of the front entrance.

 

The proposal is illustrated in Figures 1 to 6.

 

Figure 1 - Western Elevation (Street)

 

Figure 2 - Northern Elevation

 

Figure 3 - Southern Elevation

 

Figure 4 - Eastern Elevation (rear)

 

Figure 5 - Ground Floor Layout

 

Figure 6 - First Floor Layout

 

3.         Site and Surrounds

 

The site is located on the eastern side of Conway Avenue, one property south of its intersection with Carey and Douglas Lanes.

 

The site contains a single storey detached dwelling from the Inter-War period. The dwelling is elevated above the street with the site sloping up to the rear boundary, representing a change in level of approximately 2-2.5 m.

 

The site preparation works have commenced, including the removal of the ceilings to the rear and southern rooms exposing the main roof structure, and demolition of the kitchen cabinets and bathroom. The metal deck carport in the front setback has also been demolished.

 

The adjoining property to the north (2 Conway Avenue) contains a one and part two storey dwelling. Its two storey addition is setback approximately 15.5 m from the front boundary and is not readily visible from Conway Avenue.

 

The adjoining property to the south (6 Conway Avenue) contains a single storey dwelling. It is one of a pair of Inter War bungalows, including No. 8 Conway Avenue that are listed as a group heritage item under Randwick Local Environmental Plan 2012 (RLEP 2012).

 

Figure 7The Site

 

4.         Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. One submission in objection was received from the owner/occupiers at 6 Conway Avenue, Randwick as a result of the notification process. The key concerns raised are summarized as follows:

 

Issues

Comments

Solar Access and Overshadowing

·      Overshadowing impacts to the rear private open space and north facing windows along the side elevation;

·      Non-compliance with Council’s solar access controls;

·      Impact on future solar panels on the roof;

·      The design should be modified as follows:

Roof height or pitch should be reduced;

First floor addition should be consistent with established rear alignment;

Increase side setback.

The proposal has been assessed against the Solar Access and Overshadowing controls in Randwick Development Control Plan 2013 (RDCP 2013).  The proposal is not considered to result in any unreasonable overshadowing impacts on the adjoining property to the south at 6 Conway Avenue. Refer to the detailed assessment in Section 5 of the report.

Front Fence

The plans fail to show the existing brick pillar on the common boundary and it should be retained.

The amended plans show the location of the existing brick fence pier. The brick pier will be retained.

Noise Impacts

·      adverse noise impacts generated by the air conditioning units on the side of the house adjacent to the common boundary; and

·      The units should be concealed within the roof space or under the dwelling or properly insulated to minimize noise impacts.

 

The proposal will provide an air-conditioning unit partly concealed underneath the front verandah. A standard noise condition has been imposed on the recommended development consent to safeguard neighbouring properties from noise associated with air-conditioning units.

Construction/Demolition

·      Impacts during construction particularly in relation to structural damage

·      Commencement of demolition works without consent

A condition requiring a Dilapidation Report has been imposed on the recommended development consent. A standard structural condition in relation to work undertaken near adjoining land is also included in the recommended development consent.

 

The commencement of demolition works is not a matter for consideration in the assessment of the application. It is understood this matter has been referred to Council’s Regulatory Section for investigation.

 


 

5.         Key Issues

 

5.1    Heritage/Streetscape

The existing dwelling house on the site is not listed as a heritage item under RLEP 2012, and is not located in a Heritage Conservation Area (HCA). Notwithstanding, it exhibits relatively intact features from the Interwar period and shares similarities with the heritage listed dwellings at 6 and 8 Conway Avenue (Item No. 1320).

 

The application was referred to Council’s Heritage Consultant to assess the impact of the proposal on the adjoining group heritage item. Concerns were raised in relation to the scale of the first floor addition and the adverse visual impact on the immediate context. Council’s Heritage Consultant recommended the front setback be increased to align with the setback of the first floor addition at 2 Conway Avenue, but also indicated that the proposed setback could be maintained if it can be demonstrated the proposed first floor addition would not be a visually dominant element within its immediate context. Concerns were also raised with the new location of the front door and further details were requested in relation to the front fence and the carport.

 

On 8 December 2016, the applicant submitted additional information, including a View Study to illustrate the visual impact of the first floor addition from the street and also provided the following justification:

 

“As identified in the additional drawings View Study A160 and A161 the first floor roof addition is barely visible from Conway Avenue looking up and to the north east, as well as down Conway Avenue to the South east.  Although the neighbour to the north has an existing, contemporary, aesthetically sub-optimal first floor addition set further back from the street boundary, the location of this property is more visible from Conway Avenue and Carey Lane. This is largely due to the fact that 2 Conway Ave is the end of the row of individual bungalows and has a much more open northern elevation with the neighbouring flat building being set well away from this boundary.  We believe that No 2 Conway should not set the precedent marking the front setback as it has a different context (without two neighbouring adjacent properties) and is also a very unsympathetic and poorly detailed form. We would like to maintain the existing proposal as submitted.  The proposal meets all DCP objectives in regards to front, side, and rear setbacks, wall length, articulation and materiality.  The proposed form also repeats the same gable form and roof pitch, taking cues from the existing primary façade of the subject and neighbouring properties.  It is respectful in its detail and is of a scale that attempts to minimise any impact on the neighbours to the south, reducing the bulk and dominance to the primary façade, adjacent dwellings and streetscape.”

 

Council’s Heritage Consultant subsequently advised that based on the View Study perspectives, the visibility of the proposed first floor addition would be relatively limited and the setback (as originally lodged) would be acceptable.

 

A review of the View Study shows that the proposed first floor addition remains subordinate to the existing dwelling, and there would be no significant visual impact on the predominately single storey character of the streetscape (refer to Figures 8 to 11).  It is agreed with the applicant’s justification that the dwelling house at No. 2 Conway has a different context at the end of a row of houses and is highly visible from the public domain on a corner allotment. A first floor alignment with the existing first floor addition at No. 2 Conway is therefore not warranted in this circumstance. 

 

Despite its limited visibility within the streetscape, the proposed gable form and roof pitch is consistent with the existing dwelling and the adjoining heritage item. The proposal is also consistent with the key design parameters in RDCP 2013, including the side setback and building height controls.

 

The proposal is therefore acceptable in terms of heritage and streetscape impacts.

 

Figure 8 - View from corner of Carey Lane and Douglas Lane (first floor outlined in red)

 

Figure 9 - View from directly opposite the site in Conway Avenue (west)

 

Figure 10 - View from opposite No. 6 Conway Avenue (south-west)

 

Figure 11 - View from opposite No. 8 Conway Avenue (south-west)

 

5.2    Overshadowing

The proposed first floor addition would result in additional shadow cast on the adjoining property to the south at 6 Conway Avenue. The applicant submitted shadow diagrams with the application to illustrate the shadow impacts.

 

Council’s solar access controls for neighbouring properties require a portion of the north-facing living room windows to receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. There are three windows on the northern elevation of 6 Conway Avenue facing the subject site comprising a bathroom, bedroom and kitchen.  At 9:00am on 21 June the easternmost kitchen window receives no sunlight in the existing situation (refer to Figures 12 and 13). The additional shadow cast by the proposal will fall on the roof of 6 Conway Avenue. It is noted the open plan configuration at the rear of 6 Conway Avenue allows its kitchen to borrow daylight from the living room, which has glazed bi-fold doors at the eastern elevation, providing good internal amenity to the rear of the dwelling house.

 

Council’s solar access controls also require Private Open space (POS) of neighbouring dwellings to receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. At 9:00am there would be no additional shadow cast by the proposal to the POS at the rear of 6 Conway Avenue. The majority of the POS would continue to receive sunlight at midday despite some additional shadow adjacent to the bathroom addition. At 3:00pm at least 50 per cent of the rear POS is already in shadow in the existing situation. The proposal would result in some additional shadow cast adjacent to the rear boundary of the site reducing the sunlight available to the rear yard. The proposal would continue to provide direct sunlight between 9:00am and midday on 21 June to approximately 50 per cent of the POS, which complies with council’s solar access requirements for POS on neighbouring properties.

 

Where the neighbouring dwellings do not contain any solar panels, direct sunlight must be retained to the northern, eastern and/or western roof planes of neighbouring dwellings, which are at least 6m above ground level (existing), so that future solar panels capturing not less than 3 hours of sunlight between 8am and 4pm on 21 June may be installed. The existing dwelling at 6 Conway Avenue is single storey and the roof plane is below 6m, and the solar collector control does not strictly apply. Notwithstanding, the majority of the northern roof plane at 6 Conway would continue to receive at least 3 hours sunlight at the winter solstice.

 

The site has an east-west orientation and therefore any first floor addition would result in overshadowing of the adjoining property to the south. An alternative roof design such as a skillion or flat roof is not likely to result in any significant reduction to the shadow cast to the southern adjoining property. As the proposed first floor addition complies with the height and side setback controls, the additional shadow is not unreasonable in the circumstance. The proposal therefore satisfies the objectives of Council’s solar access controls.

 

No. 6 kitchen window bathroom window

Figure 12 – Elevation Shadow Diagram (existing situation)

 

Figure 13 – Elevation Shadow Diagram (proposed)

 

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 application has been assessed in accordance with the heads of consideration under Section 79C of the Environmental Planning and Assessment Act, 1979. The proposal is generally consistent with the relevant objectives and controls in RLEP 2012 and RDCP 2013.

 

The proposed first floor addition is subordinate to the existing dwelling would not be readily visible from Conway Avenue. The proposal would not result in any significant adverse impact on the heritage significance of the adjoining group heritage item. The proposal will improve the overall appearance of the site and contribute to the quality of the streetscape.

 

The additional shadow cast by the proposed first floor addition to the adjoining property to the south is inevitable given the east-west orientation of the allotments in this section of the street. The proposal complies with Council’s solar access controls for neighbouring properties. The proposal also complies with the relevant building envelope controls including FSR, building height and setbacks, and the additional shadow is therefore considered to be reasonable in the circumstance.

 

The application is recommended for approval, subject to conditions outlined in the attached Compliance Report.

 

 

 

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. 629/2016 for alterations and additions to the existing dwelling house at No. 4 Conway Avenue, Randwick subject to the following standard conditions contained in the development application compliance report.

 

 

Attachment/s:

 

1.

DA Compliance Report -  4 Conway Avenue, RANDWICK

INCLUDED UNDER SEPARATE COVER

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Director City Planning Report No. CP15/17

 

Subject:             343 Anzac Parade, Kingsford
Fire & Rescue NSW Report

Folder No:                   F2017/06103

Author:                   Greg Hynes, Coordinator Building Certification & Fire Safety      

 

Introduction

 

Council has received notification on behalf of the Commissioner of Fire & Rescue NSW (FRNSW) advising that, in their opinion, there are inadequate provisions for fire safety within the subject premises.

 

FRNSW recommend that Council:

 

Inspect the building/s and address any deficiencies identified on the premises and require the items identified by FRNSW to be addressed appropriately. This may include conducting a fire safety audit on the building to ensure all deficiencies within the building, including but not limited to those highlighted in this report, are adequately addressed.

 

Section 121ZD of the Environmental Planning and Assessment Act 1979, specifically requires Council to table the FRNSW report and recommendations at a Council meeting.

 

Background

 

An inspection of the subject building/s has been carried out by an officer from FRNSW pursuant to Section 119T of the Environmental Planning and Assessment Act 1979.

 

FRNSW have advised Council that their inspection was limited to a visual inspection of the essential fire safety measures identified in the report, and a conceptual overview of the building, where an inspection had been conducted without copies of the development consent or copies of the approved floor plans.

 

FRNSW have not carried out an assessment of previous approvals or certification of the building, which would ordinarily be carried out by Council during their investigation and assessment of the building.

 

Issues

 

FRNSW has referred the matter to Council as the appropriate regulatory authority to issue any necessary Orders under Section 121B Environmental Planning and Assessment Act 1979, and in particular:

·      Order number 6, to do or refrain from doing such things as are specified in the order, so as to ensure or promote adequate fire safety or fire safety awareness.

·      Order number 8, to not conduct an activity which constitutes or is likely to constitute a life threatening hazard or a threat to public health or safety.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  6 -    A Liveable City.

Direction: 6c -    The safety of our community is paramount and is acknowledged and supported through proactive policies, programs and strategies.

 

Financial impact statement

 

The investigation of any fire safety issues in existing buildings can be accommodated within Council’s existing regulatory budget.

 

Conclusion

 

FRNSW and Council work together to protect the occupants of buildings and support community safety.

 

Council’s Building Surveyors will research the approval and certification history for the subject development and carry out an inspection to evaluate the issues raised by FRNSW and determine the appropriate course of action to ensure that the building/s contains adequate provisions for fire safety.

 

 

 

Recommendation

 

That Council investigate the concerns raised by FRNSW and if necessary, issue the relevant Fire Safety Notice/Order to address the levels of fire safety within the subject building.

 

 

Attachment/s:

 

1.

Fire & Rescue NSW - 343 Anzac Parade Kingsford - Fire Inspection Report

 

 

 

 


Fire & Rescue NSW - 343 Anzac Parade Kingsford - Fire Inspection Report

Attachment 1

 

 


 


 


 


 


 


 

 

             


Ordinary Council                                                                                                   28 March 2017

 

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Director City Planning Report No. CP16/17

 

Subject:             Replacement of Alternate Delegate on Sydney Planning Panel

Folder No:                   F2004/08420

Author:                   David Kelly, Manager Administrative Services     

 

Introduction

 

At the Planning Committee Meeting held 8 November 2016 Council resolved:

 

(Seng/Andrews) that Council:

 

1.     appointed delegates and the alternates to the Sydney Planning Panel, in accordance with the required expertise, for the period 21 November 2016 until 30 September 2017, are as follows;

 

-    Delegates - Cr Matson and Cr Nash; and

-    Alternates - Cr Andrews, Cr Bowen and Cr Moore;

 

2.     advise the Department of Planning and Environment of the nominations together with written acknowledgment from those appointed members that they will comply with the requirements of the recently revised Planning Panels Code of Conduct (September 2016); and

 

3.     determine that Councillors be remunerated a maximum of $600 per meeting to prepare for and attend Panel meetings.”

 

Councillor Bowen has indicated that he wishes to resign as one of the alternate delegates so Council will need to nominate a replacement alternate delegate.

 

Issues

 

The SPPs have the same functions as the Joint Regional Planning Panels as follows:

 

·      Determine regionally significant development applications (generally for application more than $20M in capital investment value; or where an application is made by the Crown or a Council or relates to infrastructure and has a capital investment value over $5M)

·      Consider pre-Gateway (rezoning) reviews by proponents (initiated if a council has not supported a rezoning request).

 

The Council nominated Panel member will need to provide written acknowledgment that they will comply with the requirements of the recently revised Planning Panels Code of Conduct.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:      New and existing development is managed by a robust framework.


 

Financial impact statement

 

A remuneration fee per meeting of $600 for Councillors attending the Panel meetings has been approved by Council.

 

Conclusion

 

It is recommended that Council write to the Department of Planning and Environment providing the name, contact details and written acknowledgment that the appointed alternate delegate will comply with the revised Panels Code of Conduct. The appointment will be effective immediately until after the Council elections in September 2017.

 

 

Recommendation

That Council:

 

a)     determine the replacement alternate delegate to the Sydney Planning Panel in accordance with the required expertise (as per above) effective immediately until 30 September 2017;

 

b)     advise the Department of Planning and Environment of the replacement alternate delegate together with written acknowledgment from the new alternate delegate that they will comply with the requirements of the recently revised Planning Panels Code of Conduct (September 2016); and

 

c)     re-affirm that Councillors be remunerated a maximum of $600 per meeting to prepare for and attend Panel meetings.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Director City Planning Report No. CP17/17

 

Subject:             Cultural and Community Grants Program - Recommended Allocatons - March 2017

Folder No:                   F2009/00182

Author:                   Warren Ambrose, Senior Social Planner      

 

Introduction

 

The Cultural and Community Grants Program was endorsed by Council on 28 April 2009 and commenced in June 2009.  The Cultural and Community Grants Program provides financial support to creative arts and cultural projects that encourage community participation and vibrancy within the City of Randwick. The Grants Program, assessed twice a year in March and September, is linked to actions and strategies identified within the Council’s Cultural Plan, A Cultural Randwick City. The Cultural and Community Grants Program has an annual budget of $110,000.00.  This amount covers both in-kind and cash contribution requests from grant applications. 

 

This report recommends the allocation of funds from the Grants Program for the March 2017 Round. The March 2017 Round is the second of two funding rounds for the 2016/17 financial year and $57,573 is available for distribution.  The Council has received 27 applications seeking a grant total of $179,843.39 (in-kind and cash).

 

Details of the applications recommended for funding are listed in Attachment One. Applications not recommended for funding are also listed in Attachment One.

 

Of the 27 applications received, thirteen (13) applications fully met the funding criteria and therefore have been recommended by the assessment panel to receive funds totaling $55,345.75.

 

All applicants will be advised about the outcomes of their grant application.

 

Issues

 

Cultural and Community Grants Program Background

The Cultural and Community Grants Program has an annual budget of $110,000.  This amount covers both in-kind and cash contribution requests from grant applications. There are two funding rounds per financial year, in March and September.  The program is promoted in the local newspaper, on the Council’s website, and email through local community networks.

 

The Cultural and Community Grants Program funding is awarded to locally based not-for-profit organisations or community groups. The applicants are required to demonstrate that their project benefits a cross section of our diverse community, and that no entry fees are chargeable. The resulting activities or events must be held in the City of Randwick. Applicants may seek grants from Council as an in-kind contribution only (waiver of Council fees and charges), cash contribution only, or a combination of in-kind and cash contribution. 

 

March Round 2016/17 Assessment

A total of $57,573.00 is available for allocation under this funding round. The assessment process was undertaken by a panel of Council officers, with expertise in community services, governance and grants administration, and Council’s Internal Auditor. The panel met to assess the 27 grant applications for compliance with the program’s funding priorities and guidelines, and the organisation’s capacity to deliver the program outcomes. Each application was assigned a numerical score reflecting a priority ranking of A, B or C. Priority levels are detailed below:

 

·          Priority A: High priority for funding. The project is consistent with program funding priorities and has special weighting and compares well with other applicants.

·          Priority B: Possibly fund if sufficient funds are available. Application meets eligibility criteria but with lower scores than the Priority A applications.  Priority B applications may lack adequate detail or be poorly targeted.

·          Priority C: Does not meet the eligibility criteria.

 

The Program requires and expects a high level of accountability from grant recipients. As part of the funding acquittal process, all recipients who have received grants are required to provide evidence that the activity or event was held, and to complete an End of Project report.

 

Through this assessment process, a total of thirteen (13) of the 27 applications fully met the funding criteria and this report recommends the allocation of $55,345.75 and ($23,665.75 in-kind and $31,690.00 in cash) to applications under this funding round.

 

The recommended grant applicants and a brief description of their proposed projects are summarised below:

 

·          Cape Banks Family History Society, Education Program 2017  Cash funds ($600) to Cape Banks Family History Society Inc. for printing sporting information and guest speakers for six meetings on topics of family and local.

·          Creative Writers of Randwick Community Group Cash funds ($950) to Creative Writers Group for printing of 200 books containing short stories written by the Groups members to be distributed to the local community.

·          Community Fair Day Funds to Ethnic Community Services Cooperative to use Goldstein Reserve (in-kind $706) to hold an informal outdoor event for the multicultural community of Randwick City; and (cash $5,000) for marquee, kindifarm, pony rides, and puppet shows for the event.

·          Blak Markets Cultural and Arts Activities  Cash funds ($13,000) to First Hand Solutions Aboriginal Corporation to provide cultural performances, activities, and workshops at four Black Market events to be held on Bare Island.

·          Stepping Out – a light luncheon and dance for seniors Funds to Holdsworth Community Centre to use Prince Henry Centre (in-kind $1,080)  to hold a seniors dance/luncheon focusing on seniors who are experiencing social isolation or mental health issues; and (cash $4,350) towards catering, entertainment, transport and staffing for the luncheon.

·          NAIDOC Community Celebrations Cash funds ($3,500) to La Perouse United Rugby League Football Club to host a day of celebration for NAIDOC Week with cultural activities, games BBQ. The aim of the event is to help the community understand and celebrate the importance of language and culture for the Aboriginal community.

·          Amateur Bodyboarding Club Competitions In-kind funds ($3,724) to Maroubra Bodyboarders to use Maroubra Beach for Bodyboard competitions.

·          MSA Surfing Contests In-kind funds ($3,724) to Maroubra Surfers Association to use Maroubra Beach for their surfing competitions

·          Surfing Competition In-kind funds ($3,724) to North Maroubra Surf Riders to use Maroubra Beach for their surfing competitions.

·          Social activities and entertainment for senior people In-kind funds ($2,185) to Old Friends Singers Group to use the Maroubra Senior Citizens Centre to hold their seniors activities. Funds to be provided on the basis that the Old Friends Singers Group do not charge entry to the activities.

·          Randwick Art Society Annual Art and Craft Exhibition  Funds to Randwick Art Society to hold an art exhibition at Prince Henry Centre (in-kind $6,662.75) for  members of the public; and (cash $3,890.00) towards picture hanging, printing, advertising, opening night catering, and judges for the event.

·          Nippers   In-kind funds ($1,440) to South Maroubra Surf Life Savings Club to use lanes at DRLC for their annual swimming proficiency tests.

·          Multicultural March Event  Funds to The Junction Neighbourhood Centre to hold a community event in Alison Park (in-kind $410) to support harmony between cultures by bringing people from culturally and linguistically diverse backgrounds; and (cash $400) towards the event entertainment and decorations.

 

Late submission of applications

Two grant applications were received after the closing date (5pm 6 February) and were subsequently disqualified.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  5:     Excellence in recreation and lifestyle opportunities.

Direction:  5b:   A range of cultural, sporting and leisure activities.

 

Financial impact statement

 

No additional financial impact. The recommended for allocation of $55,345.75 in the March 2017 funding round falls within the annual grants budget.

 

Conclusion

 

The Cultural and Community Grants Program plays an important role in supporting cultural and community activities that contribute to the vibrancy of the City of Randwick. It is an important program to help the Council achieve its vision of building a “sense of community”.

 

The assessment panel has recommended the funding of thirteen (13) applications, totaling $55,345.75 in cash and in-kind contributions under the current funding round.

 

 

 

Recommendation

 

That Council approves the allocation of Cultural and Community Program funds totalling $55,345.75 to be allocated to the recommended grant applicants as listed in the attachment to the report.

 

 

Attachment/s:

 

1.

Cultural and Community Grant Program March 2017 Recommended and Not Recommened Applications

 

 

 

 


Cultural and Community Grant Program March 2017 Recommended and Not Recommened Applications

Attachment 1

 

 


 


 


 

 


Ordinary Council                                                                                                   28 March 2017

 

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Director City Planning Report No. CP18/17

 

Subject:             CBD and South East Light Rail (CSLER) Stop Names

Folder No:                   F2014/00453

Author:                   Alan Bright, Manager Strategic Planning     

 

Introduction

 

The purpose of this report is to provide an update on the potential stop names for the the CBD and South East Light rail route unveiled by TfNSW on the 14 March 2017, refer to attached TfNSW Media Release.  This report also provides options for consideration for the stop names with the view of making a submission to TfNSW for consideration.

 

Background

 

TfNSW has unveiled potential names for the stops along the CSELR route and initiated the process of consultation on the names with key stakeholders and later in the year with the broader community.  This is an opportunity for Council to review the names provided and make recommendations to TfNSW for consideration.   Upon completion of stakeholder consultation, TfNSW will forward the preferred stop names list to the Geographical Names Board of NSW who will also undertake a process of public consultation.

 

The location of the stops and their names along the alignment is shown in the following diagram.  These names are as per shown in the Environmental Impact Statement Report for the CSELR project (2013) and the names used throughout the project development to date.

 

 

The following table outlines the stop names used throughout the project development, the potential names proposed by TfNSW and the names proposed by Council.  Council’s proposed names have been selected from historical site plans from the racecourse, names of nearby historical buildings and also names that are reflective of each location.  

 

RANDWICK ALIGNMENT

Stop names as shown in EIS

Stop names proposed

by TfNSW

Stop names proposed

by RCC

Royal Randwick Racecourse

Centennial Park

Centennial Parklands

Wansey Road

Wansey Cottage

Steeplechase Hill

Constitution Hill

Both names taken from 1860 and 1930’s Royal Randwick Racecourse site plans.

UNSW High Street

UNSW High Street

UNSW High Street

Randwick

Randwick

Randwick Junction

 

KENSINGTON/KINGSFORD ALIGNMENT

Stop names as shown in EIS

Stop names proposed

by TfNSW

Stop names proposed

by RCC

Carlton Street

ES Marks

Kensington

Todman Avenue

Kensington

Todman Square

Derby Place

Royal Randwick Racecourse Derby’s Corner was located at the end of Todman Avenue on the racecourse site as shown in an 1860 site plan. 

 

UNSW Anzac Parade

UNSW Anzac Parade

UNSW Anzac Parade

Strachan Street

Kingsford

Kingsford

O’Deas Corner

Named after O’Deas Corner historical building at the south east corner of Anzac Parade and Middle Street, built in 1912.

Kingsford

Nine Ways

Kingsford Junction

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  9 Integrated and Accessible Transport

Direction:  9c: Advocate and /or plan for integrated local and regional transport improvements, including high capacity transport such as light/standard rail.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

 

Conclusion

 

This is an opportunity to review TfNSW’s proposed names and make recommendations to TfNSW with the purpose of capturing a name for each stop that is reflective of its history or context.   

 

It is envisaged that the proposed names would be placed in Council’s website for a 30 day consultation period for our community to have a say.

 

 

 

Recommendation

That:

 

a)     Council considers the RCC proposed names

 

b)     the names be placed in Council’s ‘Have Your Say’ website for consultation for 30 days.

 

c)     Council’s preferred names for the stops be submitted to TfNSW for consideration.

 

 

Attachment/s:

 

1.

TfNSW Media Release - CSELR Route Stop Names - 14 March 2017

 

 

 

 


TfNSW Media Release - CSELR Route Stop Names - 14 March 2017

Attachment 1

 

 


 

  


Ordinary Council                                                                                                   28 March 2017

 

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Director Governance & Financial Services Report No. GF6/17

 

Subject:             2017 National General Assemby of Local Government

Folder No:                   F2014/00272

Author:                   Julie Hartshorn, Senior Administrative Coordinator      

 

Introduction

 

The 2017 National General Assembly (NGA) of Local Government will be held at the National Convention Centre in Canberra from 18-21 June.  The NGA is the principal conference of the Australian Local Government Association (ALGA) and the theme of this year’s conference is ‘Building Tomorrow’s Communities’.  

 

Delegates at this year’s conference will look at how councils can work in partnership with the Australian Government in particular to meet the current and future needs of local communities.

 

Issues

 

The President of the ALGA has written to Councils indicating that the “Local government strives, wherever possible, to assist communities to be productive, innovative and cohesive. Councils can enhance their capacity to respond to new and unforeseen challenges and identify opportunities to help communities build resilience and increase overall prosperity.”

 

Relationship to city plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1a:      Council has a long-term vision based on sustainability.

Direction 1b:      Council is a leader in the delivery of social, financial and operational activities.

 

Financial impact statement

 

Councillors’ attendance at conferences has been allowed for in the 2016-17 Budget.

 

Conclusion

 

This is an important conference for Local Government throughout Australia as it is the only conference where the States come together to discuss Local Government specific issues.

 

 

 

Recommendation

 

That:

 

a)     Council endorses the attendance of interested Councillors at the 2017 National General Assembly in Canberra.

 

b)     any Councillors interested in attending 2017 National General Assembly of Local Government advise the General Manager as soon as possible for registration purposes.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Director Governance & Financial Services Report No. GF7/17

 

Subject:             Investment Report - February 2017

Folder No:                   F2015/06527

Author:                   Gail  Johnston, Financial Operations Accountant     

 

Introduction

 

The Local Government (General) Regulation requires a written report to be provided to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and the Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s Investment Policy.

 

The table in this report titled “Investment Register – February 2017” outlines the investment portfolio held by Council as at the end of February 2017. All investments have been made in accordance with the Act, Regulations and Council’s Investment Policy.

 

Investment Commentary

 

As at 28 February 2017, Council held investments with a market value of $75.439 million. The portfolio value increased during February by ~$3.749 million. The increase is representative of a positive cash flow for the month reflecting the net effect of revenue receipts (rates, grants & miscellaneous) offset by capital works expenditure and other operational payments.

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipts of the Financial Assistance Grants.

 

The following graph illustrates the movement in the investment portfolio from February 2016 to February 2017. Peaks are representative of the rates instalment periods.

 

Council’s Portfolio                               

 

The portfolio has sufficient levels of liquidity with 18% of investments available at call and a further 17% of assets maturing within 3 months. Council also currently has a number of senior FRNs as additional cover for liquidity requirements (accessible within 2 business days)

 

 

The investment portfolio is marginally directed towards fixed term deposits ahead of liquid FRNs and is spread across the higher rated ADIs. The various investment types may include term deposits, floating rate notes, on-call accounts and covered notes.

 

The following graph indicates the allocation of investment types held at the end of February 2017. The portfolio includes term deposits (42% of the portfolio) with the higher rated ADI’s. Credit assets (FRNs) are around 40% of the portfolio.

 

 

The entire investment portfolio is diversified across the higher rated ADI’s (A- or higher).

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of the Council’s portfolio. Independent advice is sought on new investment opportunities.

 

Credit Quality

 

The portfolio is of very high quality from a ratings perspective. Credit quality is entirely directed amongst the higher rated ADI’s (A- or higher), in compliance with Council’s Investment Policy.

 

Council’s Investment Policy restricts allowable investments to only Prime, High Grade and Upper Medium Grade Investments. This will result in all new investments having a minimum Standard and Poors long term credit rating of A-. Council no longer invests in any products with a credit rating of BBB+ or less.

 

 

^ Under the Financial Claims Scheme (FCS), the first $250,000 is guaranteed by the Federal Government (rated AAA by S&P), per investor, per ADI

 

All of these are within Policy limits.

 

 

 

 

 

 

 

 

 

 

 

 

Counterparty

 

The table below shows the individual counterparty exposures against Council’s current investment policy.

 

Suncorp is slightly above capacity limits. Upcoming deposit maturities will be recalled and directed to other ADIs to rebalance the portfolio.

 

 

 

Performance

 

The following graph shows the investment returns achieved against the AusBond Bank Bill Index and the official Reserve bank of Australia (RBA) cash interest rate for the period February 2014 to February 2017.

 

 

 

Investment performance for the financial year to date is above the industry benchmark AusBond Bank Bill Index with an average return of 2.73% compared with the benchmark index of 1.78%.

 

The official Reserve Bank of Australia (RBA) cash interest rate remained at the historical low of 1.50%.

 

Term Deposits

 

At month end, deposits accounted for 42% of the total investment portfolio.

Three deposits totaling $4 million matured and were withdrawn in February. There were no new term deposits taken up during February.

As at the end of February, the weighted average deposit yield stood at 2.79%, down 4bp from the previous month or around +87bp over bank bills. This remains relatively attractive as it is higher than most deposits in the marketplace out to 12 months.

    

Floating Rate Notes (FRNs)

 

The portfolio includes $30.5 million in floating rate notes.

 

Floating Rate Notes are classified as “held for trading” requiring that they are reported at the latest indicative market valuations at month end.

 

The indicative market value of the FRN’s as at the 28 February 2017 increased by ~$76k.

 

Ministerial Investment Order

 

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the Ministerial Investment Order dated 31 July 2008. A revised Investment Order was issued on the 12 January 2011 and includes changes that:

 

·           Remove the ability to invest in the mortgage of land;

·           Remove the ability to make a deposit with Local Government Financial Services Pty Ltd;

·           And includes the addition of “Key Considerations” with a comment that a council’s General Manager, or any other staff, with delegated authority to invest funds on behalf of the council must do so in accordance with the council’s adopted investment policy.

 

Investment Register

 

The investment register is maintained with details of each individual investment including; financial institution; amount invested; date invested; maturity date and the applicable interest rate.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in Sustainability.

Direction:  Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in the 2016-17 financial year and outperforming the AusBond Bank Bill Index over a 12 month period. The current budget provision for investment income from this source is $1,648,000.00. Investment income to 28 February 2017 amounted to $1,334,857.81.

 

Conclusion

 

All investments as at 28 February 2017 have been made in accordance with the Local Government Act, the regulations and Council’s Investment Policy.

 

 

Recommendation

 

That the investment report for February 2017 be received and noted.

 

 

Attachment/s:

 

1.

Statement by Responsible Accounting Officer - 28 February 2017

 

 

 

 


Statement by Responsible Accounting Officer - 28 February 2017

Attachment 1

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Director Governance & Financial Services Report No. GF9/17

 

Subject:             Proposed Commercial Terms - Community and High Performance Centre, Heffron Park

Folder No:                   PROJ/10812

Author:                   Jeff Smith, Director Governance & Financial Services     

 

Introduction

 

In accordance with the resolution of the Council Works Committee Meeting held 9th February 2016, Council has resolved to support in principle the construction of a new Community and High Performance Centre to be located in the western part of Heffron Park, on Bunnerong Road. Council’s funding commitment to the project was adopted at its Council meeting of 25 June 2013, at which Council resolved “that:

 

a)     Council progress the proposal to relocate the South Sydney “Rabbitohs” Rugby League Club training and administration facilities to Heffron Park;

 

b)     an application be made to the Federal Regional Development Australia Fund (Round Five) grant funding for the project; and

 

c)     a cap of $3 million of Council funding be placed on this project.”

 

This project requires direct negotiations between Council and the South Sydney Football Club, Office of Local Government Guidelines and ICAC Guidelines both dictate that a detailed probity plan is required prior to the commencement of the project, therefore, on 13 December 2016, Council resolved that:

 

a)     Council endorse the attached probity plan and negotiation protocol;

 

b)     once the attached negotiation protocol has been executed, Council enter into direct negotiations with the South Sydney District Rugby League Football Club Limited for an Agreement for Lease and Lease for the Community and High Performance Centre, with a report to be brought back to Council; and

 

c)     the General Manager be delegated authority to make minor alterations to the probity plan as required, subject to consultation with Council’s independent probity advisers.

 

Issues

 

As an outcome of the execution of the negotiation protocol, negotiations regarding the commercial terms commenced and have resulted in the preparation of the draft Terms Sheet at Attachment 1. The Terms Sheet is a non-binding document which once executed will provide the foundation for negotiation of an Agreement for Lease and Lease between Council and the South Sydney District Rugby League Football Club Limited (Souths).

 

The club has so far secured $17 million for this project. This funding consists of $10 million from the Australian Federal Government, $3 million from the Council and $4 million of their funds. The key commercial terms need to be endorsed by the Council in order to inform the terms of the lease and the business plan.

The business plan is a requirement of the OLG guidelines and good practice. The club has submitted the first round Expression of Interest application with the State Government National Rugby League Centres of Excellence Program. It is now required to prepare a detailed final submission "the full application" by 31st March 2017. The key commercial terms need to be agreed prior to South's final round submission. The club is seeking a maximum of $15.31 Million contribution from the State Government.  The club is working with Council officers on a smaller proposal if it does not receive the entire $15.31 Million.

 

Lease (Building)

 

It is proposed to enter into a 21 year lease for the Community and High Performance Centre building. The rent will be market rent which has been independently valued at $110/m2 p.a. Souths will be entitled to offset the capital contributions obtained from the Federal and NSW Government, and its own capital contributions towards this project, from the Rent.

 

In recognition of community outcomes arising out of the development (Souths Cares) a rental subsidy would be applied to the market rent in respect of the portion of the Premises to be used by Souths Cares, in accordance with Council’s Community Facilities Management Policy.  The amount of the rental subsidy will be reviewed every three years in line with the policy.

 

Souths will be responsible for its share of all outgoings, including utilities, cleaning, and repairs and maintenance of the premises.

 

Licence (Sports Field)

 

The Council will fund the construction of the Oval (approx 14,091 square metres) as approved in the Heffron Park Plan of Management and Masterplan.

 

The club requires a non-exclusive licence to utilises the ground for 1,112 hours per year. The current hire fees for ‘professional sports’ field hire as adopted in the Council 2016/17 Fees and Charges is of $275 per hour. Based on this the current charge to the club will be $305,800 per annum. However, the $275 per hour includes a component for maintenance costs. The club will fund and undertake the maintenance of the oval including the field irrigation system and lighting. As they are linked to the other Heffron Park services the water and power usage will be at Councils costs. Because the club will fund maintenance costs it is appropriate they should be charged Adult Sports field hire rate of $88.00 per hour (average rate for weekday and weekend use in Councils 2016/17 Fees and Charges).  Based on this fee the Cost to the club will be $97,856 per annum. The contractor that is currently working on Coogee Oval has quoted that the annual cost of the new oval maintenance would be approx. $188,0000 per annum. The club may wish to seek written quotations for this work order to meet their specific requirements.

 

Subject to the turf condition and independent field carrying capacity reports the Council will have access to the oval for the use of Community based groups (including Souths Cares) to a maximum of 400 hrs per year. This amounts to 36% of the use. Any other use will be by agreement from both parties. The community based sports groups will book the field through the Council and the council will consult with the club.

 

In recognition that the Council will be utilising the oval for community based sporting groups the council will partly fund the maintenance costs to reflect this. As the council was committed to the construction of the oval as part of the Masterplan for Heffron Park. The council will contribute a fixed amount (subject to CPI) to the maintenance costs for a class ‘A” ground. ie. Coogee Oval standard. (13,720 square metres) The current average annual cost to maintain Coogee Oval (excluding the cricket pitch) is $67,358.  Or 36% of the overall maintenance costs of the proposed new oval.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1b:      The Council is a leader in the delivery of social, financial and operational activities.

 

Financial impact statement

 

Council has previously resolved to contribute $3 Million towards this project. The financial impact associated with the construction and operation of the proposed Community and High Performance Centre will be subject to Council’s future endorsement of an Agreement for Lease and Lease.

 

Conclusion

 

As Council is aware, the club has so far secured $17 million for this project. This funding consists of $10 million from the Australian Federal Government, $3 million from the Council and $4 million of their funds. The non-binding commercial terms need to be approved by the Council in order to inform the final business plan.

 

The business plan is a requirement of the OLG guidelines and good practice. The club has submitted the first round Expression of Interest application with the State Government. It is now required to prepare a detailed final submission "the full application" by 31st March 2017. The commercial arrangements need to be resolved prior to South's final round submission to the State Governments National Rugby League Centres of Excellence Program. The club is seeking $15.31 Million contribution from the State Government.

 

 

Recommendation

 

That:

 

a)     Council endorse the attached Terms Sheet;

 

b)     Council commence preparation of an Agreement for Lease and Lease for the Community and High Performance Centre, with a report to be brought back to Council; and

 

c)     the General Manager be delegated authority to sign the Terms Sheet on   behalf       of Council and forward to Souths.

 

 

Attachment/s:

 

1.

Draft Terms Sheet

 

 

 


Draft Terms Sheet

Attachment 1

 

 

 


 

 


 

 

 


 


 


 


 


 


 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM16/17

 

Subject:          Notice of Motion from Cr Matson - Use of non-regulatory Council functions for power bill relief

Folder No:              F2012/00581

Submitted by:      Councillor Matson, East Ward      

 

 

That Council set up a committee comprising interested Councillors and residents to explore how our existing non-regulatory functions might be used to facilitate partnerships with community cooperatives, domestic solar equipment  buyer’s clubs, other Councils, emerging solar and wind farms in Australia and other appropriate entities or solutions capable of providing power bill relief for our residents and local businesses.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM17/17

 

Subject:         Notice of Motion from Cr Matson - Additional objective for resolved POM for the contaminated land at Bundock Street

Folder No:            F2014/00453

Submitted by:    Councillor Matson, East Ward      

 

 

That Council’s resolution (28 February 2017) to seek a Plan of Management (POM) with the Federal Government to achieve the long-term stabilisation of the contaminated Bundock Street site be augmented with the following additional objective for the POM:

 

·      That any development or disturbance of the site in the short or long term is only undertaken after:

 

1.  An independent traffic impact study has determined the requirements during and after any such development, to ensure maximum safety, minimal noise and other disturbance for adjacent residents; 

 

2.  An independent contamination consultant has identified any risks posed to adjacent residents from disturbance of all contaminants on this site with specific assessment of windblown dust and water runoff issues and has made recommendations to eliminate all identified risks; and

 

3.  All recommendations resulting from 1 & 2 above are fully implemented.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM18/17

 

Subject:          Notice of Motion from Cr Stavrinos - Litter legislation and campaigns

Folder No:              F2004/07259

Submitted by:      Councillor Stavrinos, West Ward     

 

 

That Council write to the NSW Minister for Environment, the Hon. Gabrielle Upton, requesting that:

 

a)   the State Government allocate more funding and resources towards general litter campaigns, aimed at educating people on how to dispose of litter.

 

b)   fines and penalties relating to general litter be increased as a deterrent.

 

c)   legislation be amended under the Graffiti Control Act (2008) targeting advertising/bill posters and material, which is placed on public property, with penalties and fines being allocated for such offences.

 

d)   Local Councils be given greater powers in the enforcement of such laws, including being able to bring legal action against persons/parties responsible for breaking general litter laws.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM19/17

 

Subject:             Notice of Motion from Cr Moore - Randwick City "Hollows for Homes"

Folder No:                   F2004/06468

Submitted by:          Councillor Moore, West Ward      

 

 

That Council support the Royal Botanic Gardens “Hollows for Homes” program:

 

a)     that seeks to;

 

i)  record, document and analyse the location, type and number of tree hollows that play such an important, yet somewhat poorly monitored, role in the health of local flora and fauna, being especially important for birds, mammals, reptiles, amphibians, insects and spiders, and

 

ii) advise on local habitat trees, provide data to plan for future habitat trees and support addressing missing or deficient habitat with supplementary solutions;

 

b)     by establishing an appropriate local campaign aligned to the “Hollows for Homes” programme, timelines and objectives;

 

c)     by making approaches to local community organisations, active in Community Gardening, Bush Care, Friends of …, Precinct, and other appropriate organisations involved in caring, protecting and enhancing local environments to participate in the data gathering and recording;

 

d)     through promoting the campaign via the Council’s regular communications channels; and

 

e)     with a view to use the data collected to inform the Council and its interested support groups in its local flora and fauna management plan and activities.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM20/17

 

Subject:             Notice of Motion from Cr Roberts - Coogee Beach Volleyball equipment storage box

Folder No:                   F2009/08286

Submitted by:          Councillor Roberts, East Ward      

 

 

That:

 

a)     Council note the Coogee Beach Volleyball Association have been officially playing volleyball at Coogee Beach with Council permission for 8 years.

 

b)     Council note the recent request by the Association for permission to place an equipment storage box no bigger than 1.5m long, 60cm wide, and 60cm high near their playing area.

 

c)     Council grants permission for the storage box to be placed as requested. 

 

d)     Council note the Association has suggested a suitable location could be next to the Fishing Club cottage.  

 

e)     Council staff shall liaise with the Association when determining an appropriate location, and the usage conditions. 

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM21/17

 

Subject:             Notice of Motion from Cr Matson - Eliciting local MP’s to back a State Government policy of rejecting spot rezonings in the Kensington and Kingsford town centres

Folder No:                   F2015/00419

Submitted by:          Councillor Matson, East Ward      

 

 

That the urgent stated public backing of the MP’s for Maroubra, Heffron, Coogee and Kingsford Smith be elicited for a Council appeal to the State Government that it adopt a policy of rejecting private random spot rezonings for high rise towers along the Anzac Parade corridor defined by the Kensington and Kingsford town centres.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Motion Pursuant to Notice No. NM22/17

 

Subject:             Notice of Motion from Cr Matson - Signage campaign for a State Government policy of rejecting spot rezoning’s in the Kensington and Kingsford town centres

Folder No:                   F2015/00419

Submitted by:          Councillor Matson, East Ward      

 

 

That the General Manager be delegated to run a main stream and social media campaign (backed by both appropriate street signage and paid adds) calling on the State Government to block random spot rezonings in the Anzac Parade corridor and adjacent streets defined by the Kensington and Kingsford Town Centres.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

 

Motion Pursuant to Notice No. NM23/17

 

Subject:             Notice of Motion from Cr Matson - Baker Park fencing

Folder No:                   F2006/00538

Submitted by:          Councillor Matson, East Ward      

 

 

That Council notes the petition calling for fencing on the Dudley Street border of Baker Park to enhance the safety of park users (including dogs), nearby pedestrians and motorists on Dudley Street and engages with local residents to assess an appropriate capital works program.

 

 

 

 

 

  


Ordinary Council                                                                                                   28 March 2017

 

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Notice of Rescission Motion No. NR1/17

 

Subject:             Notice of Rescission Motion submitted by Crs Smith, Seng and Roberts - Acknowledgement of the Support of Local Democracy (Notice of Motion from Cr Neilson)

Folder No:                   F2016/04003

Submitted by:          Councillor Smith, North Ward; Councillor Seng, Ted Seng; Councillor Roberts, East Ward      

 

That the resolution passed at the Ordinary Council meeting held on Tuesday 28 February 2017 in relation to NM14/17 and reading as follows:

 

“(Neilson/Bowen) that Randwick City Council commends Woollahra Council for its fight to save local democracy for its residents and;

 

a)     inform Woollahra Council and the NSW Premier, Gladys Berijiklian, and the Minister for Local Government, Gabrielle Upton, of this Councils acknowledgement of the support of local democracy; and

 

b)     send a framed Certificate of Merit designed by our Communications team to Woollahra Council.”

 

BE AND IS HEREBY RESCINDED.

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Notice of Rescission Motion No. NR2/17

 

Subject:             Notice of Rescission Motion submitted by Crs Matson, Shurey and Roberts - Light Rail capacity - call for Commission of Inquiry (Notice of Motion from Cr Bowen)

Folder No:                   F2013/00263

Submitted by:          Councillor Matson, East Ward; Councillor  Shurey, North Ward; Councillor Roberts, East Ward      

 

That the resolution passed at the Ordinary Council meeting held on Tuesday 28 February 2017 in relation to Item NM10/17 and reading as follows:

 

“(Bowen/Moore) that:

 

a)     Council notes the EMM report Anzac Parade Corridor future light Rail station and system capacity (dated 20 January 2017) analysis states:

 

6.1 It is a significant concern that the proposed Light Rail system capacity will actually be lower than the capacity of the existing peak hour bus services which are currently using Anzac Parade and Todman Avenue and the future corridor public transport system will effectively be operating at full capacity from the commencement of operations in 2019. This will require a significant number of existing peak hourly bus services (mainly the existing express bus service) to be retained if the system is to provide adequate public transport capacity for all the relevant areas of Randwick LGA in the future;

 

b)     Council further notes Randwick Council has committed to support the light rail project through the development agreement requiring expenditure of $69M of Randwick Council funds;

 

c)     Council further notes community anger at the destruction of the local environment of Randwick LGA, including the route re-alignment of light rail at Alison Road, Centennial Parklands and the Tree of Knowledge, overall project cost blow-out and the ongoing concerns about the impact of CSLER project on parking and local businesses, in conjunction with the calls by Urban Taskforce for even greater density along the Anzac Parade corridor; and

 

d)     as such, Council resolves to immediately call upon the NSW state government to agree to full commission of inquiry into the light rail project with power to receive evidence and investigate fully the costs and benefits of the project.”

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

“That the previously circulated amendment, labelled version two (2) by Councillor Matson, be reconsidered.”

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Notice of Rescission Motion No. NR3/17

 

Subject:             Notice of Rescission Motion submitted by Crs Matson, Andrews and Seng - Botany Cemetery Expansion Proposal

Folder No:                   F2004/07905

Submitted by:          Councillor Matson, East Ward; Councillor Andrews, Central Ward; Councillor Seng, Ted Seng      

 

That the resolution passed at the Ordinary Council meeting held on Tuesday 28 February 2017 in relation to Item CP10/17 and reading as follows:

 

“(Bowen/Belleli) that:

 

(a)    this matter be deferred for a Councillor briefing as it’s a critical issue that needs more consideration; and

 

(b)    detailed information be obtained from all stakeholders as to what is planned to protect all those that are involved.”

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

“That the Councillors consider their position in response to the report.”

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Notice of Rescission Motion No. NR4/17

 

Subject:             Notice of Rescission Motion submitted by Crs Andrews, Roberts and Stavrinos - Temporary Alcohol ban at Dunningham and Goldstein Reserves, Coogee

Folder No:                   F2005/00834

Submitted by:          Councillor Andrews, Central Ward; Councillor Roberts, East Ward; Councillor Stavrinos, West Ward      

 

That the resolution passed at the Ordinary Council meeting held on Tuesday 28 February 2017 in relation to Item CP9/17 and reading as follows:

 

(Matson/Shurey) that Council adopt, for Coogee Beach and its reserves, the current alcohol bans prevailing at nearby Bondi, Bronte and Tamarama beaches as a permanent arrangement.”

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

“That the temporary alcohol ban remains in place whilst Council conducts a thorough community consultation on the issue and a report be brought back before any permanent decision is made.”

 

 

 

 

 

 


Ordinary Council                                                                                                   28 March 2017

 

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Notice of Rescission Motion No. NR5/17

 

Subject:             Notice of Rescission Motion submitted by Crs Andrews, Roberts, Seng and Stavrinos - 47 Maroubra Road, Maroubra (DA/650/2016)

Folder No:                   DA/650/2016

Submitted by:          Councillor Andrews, Central Ward; Councillor Roberts, East Ward; Councillor Seng, Ted Seng; Councillor Stavrinos, West Ward      

 

That the resolution passed at the Planning Committee meeting held on Tuesday 14 March 2017 in relation to Item D22/17 and reading as follows:

 

(Garcia/Matson) that the application be deferred for mediation.”

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

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. 650/2016 for the demolition of the existing building and erection of a new two storey attached dual occupancy, at No. 47 Maroubra Road Maroubra, subject to the following non standard conditions and the standard conditions contained in the development application compliance report.”