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Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 10 October 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                                                                                                 10 October 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, 10 October 2017 at 6:00 p.m.

 

 

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 - 22 August 2017

Extraordinary Council Meeting - 26 September 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

MM26/17   Australian Marriage Law Postal Survey - Further Consideration (Deferred)... 1

MM27/17   Friends of Malabar Headland - Waiving of Fees......................................... 3   

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.

CP43/17    28 Greville St, Clovelly (DA/124/2017) (Deferred)................................... 5

CP44/17    23 & 23S Gilderthorpe Avenue, Randwick (DA/769/2016) (Deferred)......... 53

CP45/17    184-192 Marine Pde, Maroubra (DA/153/2017)...................................... 191

CP46/17    216 Fitzgerald Avenue, Maroubra (DA/396/2017)................................... 211

CP47/17    48 Torrington Road, Maroubra (DA/931/2014/A).................................... 219

CP48/17    36A Boyce Road, Maroubra (DA/763/2016/A)........................................ 227

CP49/17    14 Undine Street, Maroubra (DA/924/2016).......................................... 233

CP50/17    207 Doncaster Avenue, Kensington (DA/92/2017).................................. 251

CP51/17    26 Burbong Street, Kingsford (DA/420/2017)........................................ 269

CP52/17    26 Eastbourne Avenue, Clovelly (DA/286/2016/A).................................. 275

CP53/17    2 Nolan Avenue, Clovelly (DA/652/2016).............................................. 285

CP54/17    68 Dudley Street, Coogee (DA/223/2017)............................................. 311

CP55/17    343 Rainbow Street, South Coogee (DA/891/2016)................................. 369

CP56/17    67 Darley Road, Randwick (DA/72/2017).............................................. 381

CP57/17    493 Bunnerong Road, Matraville (DA/948/2016)..................................... 397

CP58/17    20 Howell Avenue, Matraville (DA/210/2016/B)...................................... 419

CP59/17    29 Baird Avenue, Matraville (DA/142/2016/A)........................................ 425

Director City Planning Reports (record of voting NOT required)

CP60/17    166-168 Belmore Road, Randwick and
131 Barker Street, Randwick
Fire & Rescue NSW Referral...............................................................
431

CP61/17    Report variation to Development Standard under SEPP1 and clause 4.6 - 27 July to 25 Sept 2017.................................................................................. 441

General Manager's Report

GM17/17   2016-17 Disclosure of Interests Returns............................................... 445

Director City Services Report

CS8/17      Sports Committee Meeting Minutes...................................................... 447

Director Governance & Financial Services Reports

GF33/17    Monthly Financial Report as at 31 July 2017........................................... 465

GF34/17    Investment Report - August 2017........................................................ 475

GF35/17    2016-17 Draft Financial Statements - Amended..................................... 485

GF36/17    Affixing of the Council Seal................................................................ 495  

Petitions

Motion Pursuant to Notice

NM57/17   Notice of Motion from Cr Da Rocha - Footpath Works............................. 497

NM58/17   Notice of Motion from Cr Hamilton - Boat and Trailer Parking .................. 499

NM59/17   Notice of Motion from Cr Stavrinos - Reddy Go & OBike Rentals............... 501

NM60/17   Notice of Motion from Cr Stavrinos - Parking - Kensington Scout Association 503

NM61/17   Notice of Motion from Cr Said - Beach Safety Video............................... 505  

Closed Session

Director Governance & Financial Services Report (record of voting required)

GF37/17    SSROC Tender for Supply and Management of Temporary Staff - Tender Number T2017-03

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

  

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                                 10 October 2017

 

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Mayoral Minute No. MM26/17

 

Subject:             Australian Marriage Law Postal Survey - Further Consideration (Deferred)

Folder No:                   F2004/08275

Author:                   The Mayor, Cr Lindsay Shurey     

 

Introduction

 

The Australian Marriage Law Postal Survey commenced on 13 September, 2017 and is now open for all residents to respond with 27 October 2017 as the last date for return posting.

 

Issues

 

It has been stated to me that statistics show that if a postal vote is not returned by its recipient within the first three days, the vote is never posted. There have been complaints that legitimate recipients have been disenfranchised by having had their ballot papers stolen from their letter boxes. The Australian Bureau of Statistics states that the period for requesting replacement forms is open from the 25 September to 20 October, 2017. There have also been disturbing reports that LGBTQIA individuals (including vulnerable teenagers) are presently experiencing heightened levels of anxiety as a result of disrespectful and unenlightened debate over the survey.

 

At the Extraordinary Council meeting held 26th September, 2017 Council resolved to fly the rainbow flag at Randwick Council, install rainbow banners on Randwick Town Hall and use Council’s Community Information Banner sites at South Coogee, Kingsford, Maroubra, Randwick and Barwon Park, depending on availability, as a show of support. Also at the Extraordinary Council meeting, Council resolved to defer consideration of three further options relevant to the Australian Marriage Law Postal Survey should a majority of Councillors indicate support for the General Manager to undertake on Council’s behalf. Those three options are as follows:-

 

Option 1      the immediate issuing of a public statement via print advertisements, the Mayoral Column, email systems, Council social media platforms, email systems, and web sites indicating that Randwick City Council supports a "yes" vote;

 

Option 2      the running of “Mail Your Vote” stalls at key hubs in the community; and

 

Option 3      using Council officers or consultants to form an Australian Marriage Law Postal Survey response team to help Randwick residents:

1.   deal with emotional anxiety or harassment associated with the survey;

2.   obtain replacement ballot papers for legitimately stolen or lost ballot paper; and

3.   obtain background context on LGBTQIA issues.

 

Financial impact statement

 

The financial impact for this matter will depend on which of the above options are resolved by Council. Funding for all options can be addressed within existing relevant budgets.

 

Conclusion

 

This is Randwick City Council’s opportunity to positively address potential divisive issues arising in our community as a result of the ongoing Australian Marriage Law Postal Survey.

 

 

Recommendation

 

That the General Manager be delegated to undertake none, any or all of the following options relevant to the Australian Marriage Law Postal Survey should a majority of Councillors indicate support to him:

 

Option 1      the immediate issuing of a public statement via print advertisements, the Mayoral Column, email systems, Council social media platforms, email systems, and web sites indicating that Randwick City Council supports a "yes" vote;

 

Option 2      the running of “Mail Your Vote” stalls at key hubs in the community; and

 

Option 3      using Council officers or consultants to form an Australian Marriage Law Postal Survey response team to help Randwick residents:

·       deal with emotional anxiety or harassment associated with the survey;

·       obtain replacement ballot papers for legitimately stolen or lost ballot paper; and

·       obtain background context on LGBTQIA issues.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Mayoral Minute No. MM27/17

 

Subject:             Friends of Malabar Headland - Waiving of Fees

Folder No:                   F2017/00432

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

The Friends of Malabar Headland had a stall at the recent Eco Living Fair and have requested the fees for the stall be waived on the basis that they are a volunteer community group.

 

Issues

 

Friends of Malabar Headland (FoMH) is a volunteer community group, which was formed in 2000 to actively pursue the conservation of the natural and cultural heritage of Malabar Headland.

 

The group is committed to working with the community to ensure that the Headland is retained in its natural state for future generations to enjoy.

 

As part of its role to inform the community about its activities and volunteering, the FoMH took a stall at the September 2017 Eco Living Fair and have been charged $110 for the stall (being the ‘Not for Profit’ rate). The FoMH have asked that this fee be waived, as in past years.

 

Financial impact statement

 

If the report recommendation is adopted, the financial impact will be $110. This will be charged to the 2017-18 Contingency Fund.

 

Conclusion

 

Council has supported the Friends of Malabar Headland in the past with the waiving of fees, community grants etc. It is suggested that the fees for Eco Living Fair stall be waived on the basis that the Friends of Malabar Headland are a volunteer community group.

 

 

Recommendation

 

That the fees for Friends of Malabar Headland Eco Living Fair stall be waived and that the $110 be charged to the 2017-18 Contingency Fund.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP43/17

 

Subject:             28 Greville St, Clovelly (DA/124/2017) (Deferred)

Folder No:                   DA/124/2017

Author:                   Louis Coorey, Senior Environmental Planning Officer     

 

Introduction

 

The application is for the construction of screening on the eastern side of the stair landing to the studio, and the use of the external stairs located between the existing studio and terrace with associated works including a timber deck, a door to the studio, and screening on the western boundary. It was referred to the Planning Committee Meeting on 13 June 2017, where it was resolved:

 

“(Matson/Smith) that the application be deferred for mediation for the purpose of resolving the privacy issues.”

 

Issues

 

A mediation session was held on 29 August, 2017. The parties have reached and executed a mediated outcome as follows:

 

·      The proposed screen to be constructed to the full length eastern side of the top landing, then run a minimum 500mm along the northern side with additional screen along the eastern side of the staircase.

 

·      Screen to be frosted safety glass 1.8m height, and adjusted round to suit the existing pergola roof,

 

·      The objector agrees to withdraw his objection subject to the above.

 

Assessment comments:

The additional screening and materials used along the eastern sides of the stairs and northern landing will suitably protect the visual amenity of the neighbouring property to the east at No. 30 Greville Street. The use of frosted glazing also integrates well with the overall designed of the development. A suitable condition is included in line with the mediated outcome.

 

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

 

The cost of the mediation was $1,045.

 

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/124/2017 for the construction of screening on the eastern side of the stair landing to the studio, and the use of the external stairs located between the existing studio and terrace with associated works including a timber deck, a door to the studio, and screening on the western boundary at No. 28 Greville Street, Clovelly, 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

Received by Council

Site Analysis Plan -0796-00

Brad Inwood Architects

20.02.17

07.03.17

Site Plan - 0796-01

Brad Inwood Architects

20.02.17

07.03.17

Ground Floor Plan - 0796-02

Brad Inwood Architects

20.02.17

07.03.17

First Floor Plan - 0796-03

Brad Inwood Architects

20.02.17

07.03.17

Elevations - 0796-04

Brad Inwood Architects

20.02.17

07.03.17

Elevations and Sections - 0796-05

Brad Inwood Architects

20.02.17

07.03.17

 

Amendment of Plans & Documentation

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

 

a)     The proposed privacy screen along the western boundary is to be 1.6m high. Details of compliance will be provided with the Construction Certificate and will be to the satisfaction of the Principal Certifier.

 

b)     The door to the first floor studio is to be fitted with obscured glazing. Details of compliance will be provided with the Construction Certificate and will be to the satisfaction of the Principal Certifier.

 

c)     An obscure/frosted 1.8m glass screen shall be constructed to the full length of the eastern side of the top landing adjacent to the studio above the garage, this screen shall run a minimum 500mm along the northern side landing with additional screening along the eastern side of the staircase. Where the screening meets the existing pergola roof the screen height is to be adjusted to align with the eaves and facia of the pergola. Details of compliance to be provided to Council’s Manager Development Assessment prior to issuing of the construction certificate.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces 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. Colourbond) to limit the level of reflection and glare.

 

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 Deposits

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

 

·           $600.00  -  Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water

7.       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.

 

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

8.       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

9.       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 works.

 

BASIX Requirements

10.     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

11.     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

12.     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

13.     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

14.     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

15.     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

16.     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

17.     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

18.     A Public Utility Impact Assessment must be carried out to identify 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.

 

Documentary evidence from the relevant public utility authorities confirming 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 works.

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other 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

19.     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

20.     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

21.     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

22.     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

23.     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

24.     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

25.     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

26.     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.

 

27.     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.

 

28.     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

29.     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

30.     A Road / Asset Opening Permit must be obtained from Council prior to commencing any excavations or 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.

 

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

31.     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

32.     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

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

 

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

 

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

 

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

 

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

 

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

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

 

35.     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

36.     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

37.     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.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

For further information please contact Council on 9399 0944.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A10     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

1.

Executive Report - 28 Greville Street, Clovelly (DA 124 2017) - 13 June, 2017

 

2.

DA Report - Compliance Report - DA/124/2017 - 28 Greville Street, CLOVELLY 

 

 

 

 


Executive Report - 28 Greville Street, Clovelly (DA 124 2017) - 13 June, 2017

Attachment 1

 

 


 


 


 


 


 


 


 


 


DA Report - Compliance Report - DA/124/2017 - 28 Greville Street, CLOVELLY

Attachment 2

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council                                                                                                 10 October 2017

 

RCC LOGO_Stacked_COLOUR_RGB

 

Director City Planning Report No. CP44/17

 

Subject:             23 & 23S Gilderthorpe Avenue, Randwick (DA/769/2016) (Deferred)

Folder No:                   DA/769/2016

Author:                   Louis Coorey, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of all structures on site and construction of a new 3 storey residential flat building containing 6 dwellings over a basement car park for 8 vehicles, associated site and landscape work and strata subdivision.

 

Ward:                     North Ward

Applicant:                Mr E Archibald

Owner:                        Mr J M Lehane

Summary

Recommendation:     Approval

 

Subject Site

 

 

 

 

Submissions received.

 

Ù

North

 

Locality Plan

 


 

Development Application Executive summary report

 

Council at the Planning Committee Meeting held on 11 July, 2017, considered an assessment report recommending approval to a development application seeking consent for a new residential flat building. At this meeting, Council resolved:

 

“(Roberts/Stevenson) that the application be deferred to allow for the submission of amended plans.”

 

In response to the above the Applicant submitted amended plans received by Council on 26 July 2017 in an attempt to address the key issues such as introducing additional articulation along the first and second floor side elevations and replanting the internal layout, reduction height of the development across the whole of the development, deletion of the communal roof top terrace, increase in side setbacks along a larger depth, increase in balcony depth at the rear and reduction in depth of living room.

 

Proposal

 

Demolition of all structures on site and construction of a new 3 storey residential flat building containing 6 dwellings over a basement car park for 8 vehicles, associated site and landscape work and strata subdivision.

 

The application has been amended as follows:

 

·      Reduction in depth of living room and increase in size of rear north facing balconies;

·      Increase in side setbacks;

·      Inclusion of stepped in elements along the side elevations at first and second floor level;

·      600mm reduction in height of the development;

·      Removal of communal open space in the rear yard;

·      Reduction in floor area

 

Site

 

The sites are located at the northern side of Gilderthorpe Avenue in Randwick. Gilderthorpe Avenue runs in an east west direction with Park Avenue to the East and intersection of Market Street and Clovelly Road to the west.

 

The sites include the larger site containing the existing building and a substation site the majority of which has been purchased by the owner of the main site. A substation will remain at the south eastern corner of the site closest to the Gilderthorpe Road frontage.

 

The site is rectangular in shape with a western frontage of 13.965m, a rear width of 14.02m and a side boundary depth of 40.095m and a total site area of 562.1sqm.

 

The neighbouring site to the west is smaller in area and contains a two storey terrace house (No. 21 Gilderthorpe Avenue) which adjoins westward a similarly design terrace house. Beyond the terrace houses is a small park accessible off Gilderthorpe Avenue and Figtree Avenue from the north. Adjoining the site to the east (No. 27 Gilderthorpe Avenue) is a part two part three storey flat building containing three units (comprised of a two units at the front located over semi basement parking and a two storey unit at the rear). An aerial view of the subject site and adjoining properties is shown below.

 

Aerial view: Subject site bounded in green, strata titled buildings bounded in blue (Note: several strata titled four storey flat buildings are located further east along Gilderthorpe Avenue);

 

This side of Gilderthorpe Avenue is zoned R3 medium density residential and the opposite side of the Avenue is zone R2 low density residential.

 

Photo of the subject site and adjoining developments. Also show further east two examples of four storey flat buildings at 29-31, 53-55, 57 and 59-61 Gilderthorpe Avenue.

 


 

Submissions

 

Amended plans were not formally notified and aspects of the original submissions where necessary are considered in the context of the amended scheme. However the amended scheme was made available on Councils website and Council received further submissions and these are addressed as follows:

 

·      Electronic petition with 10 signatures

·      45 Figtree Avenue, Randwick

·      2/27 Gilderthorpe Avenue, Randwick

 

Issue

Comment

Communal open space in the rear yard should be provided with planter boxes along the rear boundary.

The landscaping in the rear yard shows suitable landscaping along the rear and side boundaries of the site.

The building protrudes into the 6m setback

Noted, these are blade elements that don’t contribute any significant bulk or result in any appreciable adverse impacts on the neighbouring properties. 

The proposed development doesn’t suitably address potential contamination from the previously used substation at the rear of the site.

Noted and suitable conditions are included

Fencing – how and when are issues such as height composition dealt with?

Concerns with the damage to vines in the along the southern boundary of No. 45 Figtree Avenue

The height and design of fencing is subject to the provisions under the Exempt and Complying Development Codes 2008 and the Dividing Fences Act, Notwithstanding, the finished yard level in the rear yard is generally consistent with the existing ground levels.

The landscaping plans incorrectly indicate existing planting as Cocos palms however they appear to be Bangalow Palms which are a protected and therefore require permission to remove.

All palms other than Cocos palms are subject to the tree preservation order.

In the assessment of the application, Council’s Landscape officer identified the palm trees as Golden Cane Palms which also require permission to remove. Council’s Landscape Development Officer has recommended that permission be granted for their removal subject to the implementation of the installation of landscaping identified in the landscape plan submitted with the application. In addition, Council’s Coordinator Tree Management has also visited the site and identified the palm trees on site as Golden Cane Palms.

Noise from air conditioning condensers and mechanical riser and request that standard noise condition be included within the development conditions stipulating acceptable noise level at the boundaries.

Standard noise conditions are included in the recommendation section of this report.

The side setbacks are non-compliant with the ADG guidelines for privacy and shadowing.

Noted, and as discussed in the previous assessment the proposed side setbacks are considered suitable for site as Council’s DCP controls are specific to the pattern of medium density development in Randwick. The amended scheme further increases the side setbacks along several sections and reduces the wall heights ensuring suitable solar access and privacy of neighbouring properties.

Request a condition that the mains sewer not be connected to the property at No. 21 Gilderthorpe Avenue

Suitable conditions are included requiring compliance with Sydney Water Standards.

The excavation will occur below the footings of No. 21 Gilderthorpe Avenue

Suitable conditions are included to ensure the structural stability of the adjoining land.

The drawings don’t accurately show the internal layout of No. 21 Gilderthorpe and impact on privacy

The approved internal layout of No. 21 Gilderthorpe was reviewed as part of the assessment of the application having regard to privacy.

The proposed development will detract from the significance of the heritage items along Gilderthorpe Avenue

The previous assessment considered the proposed development would not detract from or adverse impact the significance of the heritage items in the vicinity of the site.

The proposed floor space ratio includes the area of the substation in calculating the FSR and if it were excluded it would have a greater FSR,

Acknowledged, the proposed floor space ratio including the substation was considered in the assessment of the original application. The development will continue to present well to the street and will not result in any significant adverse impacts on the neighbouring properties and will continue to satisfy the objectives of the standard and the R3 medium density zone.

 

Key Issues

 

Floor space ratio

The amended plans reduce the floor space ratio from 0.977:1 down to 0.95:1 based on a site area of 562.1sqm. The previous assessment reduced the floor space ratio down to 0.977:1 by conditioning the deletion of four bedrooms at the eastern and western side elevations at 1st and 2nd floor level. This condition was recommended to achieve greater articulation, improve solar access and visual amenity of the development when viewed from neighbouring properties a key objective of the FSR standard in the RLEP. The amended plans seek an alternative by stepping in the building along multiple parts of the side elevation and reconfiguring the internal layout. Combined with the amended scheme which reduces the wall height across the whole of the development, consistency is achieved with the intent of the previously recommended condition which was to provide for compliant levels of solar access to unit 2/27 Gilderthorpe Avenue.

 

Having regard to the above and the exceedance of the FSR standard, the amended scheme is considered to satisfy the objectives of the FSR standard and the R3 medium density zone. It is therefore considered that for the purposes of a Clause 4.6 exception to a development standard that the applicant has suitably demonstrated that it is unreasonable and unnecessary for the standard to be strictly applied to the development.

 


 

Wall height

The amended application reduces the wall height across the whole of the development by 600mm down from RL71.98 to RL71.38. The amended scheme now achieves compliance with the 10.5m maximum external wall height control in the Randwick Development Control Plan 2013. The amended scheme is also 300mm lower than previously recommended wall height reduction in the previous assessment report, which aimed to ensure compliant levels of solar access to the unit at No. 32/27 Gilderthorpe Avenue.

 

Roof Terrace

The amended scheme deletes the communal roof top terrace from the original scheme. The previous assessment recommended this roof top terrace be deleted and as such the recommended non-standard condition is removed from the recommendation.

 

Visual privacy

The amended scheme increases the depth of the rear balconies by around 400mm achieved by reducing the internal depth of the living room behind. Although the rear balconies are larger than the minimum required under the ADG, privacy will be suitably maintained by the design requirements for privacy screens included as a condition in the recommendation section of this report.

 

Communal open space

The previous assessment recommended the deletion of the communal roof terrace and dedication of communal open space in the rear yard opposite the ground level units. The amended scheme, whilst removing the communal roof terrace, seeks to remove the 4m x 11m area of communal open space that was recommended for the rear yard opposite the rear ground level decks thus providing no communal open space area for the units.

 

The Apartment Design Guide (ADG) allows for variations to the area of communal open space depending on the site context and the scale of development. In this instance the complete loss of communal open space is not appropriate for the site. In particular, the rear yard is of a sufficient size and dimensions that at the very least a portion of this area (4m x 5m), is able to be dedicated as communal open space capable of containing a clothes line and seating. The reduction in communal open space is considered acceptable for the following reasons:

 

·      The communal open space whilst smaller than that previously assessed provides facilities with a northern aspect ensuring good opportunity for social interaction and drying clothes

·      There are only a small number of units within the development and these units have areas of private open space larger than the minimum under the ADG and

·      Parkland is in close proximity to the site and can be utilised to meet additional outdoor recreational needs of the future occupants.

 

Overall, the total loss of communal open space in the rear yard is not supported and a conditioned reduction in communal open space will suitably service the needs of future occupants of the development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal as amended complies with the relevant assessment criteria and non-compliances occur are adequately addressed in the assessment of the application inclusive of the previous assessment. The proposed amended scheme will not result in any unreasonable or significant 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 recommended conditions of consent.

 

 

Recommendation

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.4 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 & 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. 769/2016 for demolition of all structures on site and construction of a new 3 storey residential flat building containing 6 dwellings over a basement car park for 8 vehicles, associated site and landscape work and strata subdivision, at No. 23-23S Gilderthorpe Avenue, Randwick NSW 2031, 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

Received by Council

DA03 Rev. B

Giles Tribe Architects

03.04.2017

24 April 2017

DA04 Rev. D

24.07.2017

26 July 2017

DA05 Rev. D

03.04.2017

26 July 2017

DA06 Rev. D

03.04.2017

26 July 2017

DA07 Rev. D

03.04.2017

26 July 2017

DA08 Rev. D

03.04.2017

26 July 2017

DA09 Rev. D

03.04.2017

26 July 2017

DA10 Rev. D

03.04.2017

26 July 2017

DA11 Rev. D

03.04.2017

26 July 2017

L01 Issue D

Susan Read Landscapes

08/04/17

13 April 2017

 

BASIX Certificate No.

Dated

Received by Council

765875M_02

02 March 2017

10 March 2017

 

Amendment of Plans & Documentation

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

 

a.       Privacy screens having a height of 1.6m above floor level must be provided to eastern and western sides of the rear balconies. The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screens must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame or louvres to limit the direct view in an eastern or westerly direction to the neighbouring properties and their habitable room windows.

 

b.       Translucent glass or masonry balustrades shall be provided to the rear balconies of the development.

 

c.       No consent is granted for fencing to the eastern, western or northern side boundaries. Any new side or rear boundary fencing shall be subject to a separate development application unless the fence design meets the Exempt and Complying development criteria specified under the SEPP Exempt and Complying Codes 2008.

 

d.       Any external lighting to the premises and the communal open space shall be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

e.       The external screens associated with the stair well and lobby area shall be designed so that they are a minimum of 25% open to exhibit a more patterned style. Details showing compliance with this condition shall be submitted to Council’s Manager Development Assessment for approval prior to a Construction Certificate being issued for the development.

 

f.       The communal roof terrace shall deleted from the development and the roof area made non-trafficable except for service access.

 

g.       An area within the rear yard measuring a minimum of 4m from the rear boundary by 5m in width shall be dedicated as communal open space. This area shall be appropriately screened to ensure that suitable privacy is provided to the ground level units at the rear.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       a)     The colours, materials and finishes of the external surfaces are to be compatible with the 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. Colourbond) to limit the level of reflection and glare. 1 in 50 Section details are to be submitted showing the material and specifications of the building façade elevations.

 

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

 

Section 94A Development Contributions

4.       The applicant shall submit a Quantity Survey report that reflects the approved development, prepared by a Registered Quantity Surveyor. The report shall be submitted to Council for approval, prior to the issue of any construction certificate for the development.

 

In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, 1% of the development cost provided in the approved Quantity Survey report must be paid to Council.

 

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

 

Compliance Fee

5.       A development compliance and enforcement fee of 0.1% of the development cost shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

 

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.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

Security Deposit

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

 

·           $3000-   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 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.

        

            Landscape Plan

9.       The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Amended ground Level Landscape Planting Plan by Susan Read Landscapes, dwg L01, issue D, dated  8th April 2017

 

Street Tree Protection

10.     In order to ensure retention of the mature Lophostemon confertus (Brush Box) located on the Gilderthorpe Avenue verge, to the west of the existing vehicle crossing/new basement entry 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 can only be located along either side of the new crossing, so as to minimise root damage to the street trees.

 

b.       So as to maintain future lines of sight of approaching traffic from the west, the Construction Certificate plans must show that the western edge of the new crossing will be offset a minimum distance of 4 metres from its trunk.

 

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

 

d.       This protection 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".

 

e.       Other than the approved works, the applicant is not authorised to perform any other works to this tree, and must contact Council’s Landscape Development Officer on 9093-6613 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.

 

f.       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 on the verge around its trunk, with all Site Management Plans needing to acknowledge these requirements.

 

g.       Where roots are encountered which are in direct conflict with the approved works, they may be cut cleanly by hand (using only hand held tools, not machinery), with the affected area to be backfilled with clean site soil as soon as practically possible.

 

h.       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.

 

i.        A refundable deposit in the form of cash, credit card or cheque for an amount of $1,500.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

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

 

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

 

11.     The consent is not to operate until the following documentation has been provided to the satisfaction of Council’s Director of City Planning:

 

1)     A Detailed Site Contamination Investigation must be undertaken by an independent appropriately qualified environmental consultant, to provide a report on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.

    

The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Environment Protection Authority (EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed to the satisfaction of Council’s Director of City Planning.

 

2)     Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use’, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999 and that it is not necessary to carry out any remediation works.

 

3)     Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be complied with:-

 

a)     A Remediation Action Plan (RAP) is required to be prepared and be submitted to Council.  The RAP is also required to be reviewed by an independent NSW Environment Protection Authority (EPA) Accredited Site Auditor and a written statement is to be provided to the Council with the RAP from the Site Auditor, which confirms that the RAP satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

 

b)     The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Environment Protection Authority (EPA), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

        This RAP is to include procedures for the following:

 

Excavation, removal and disposal of contaminated soil,

Validation sampling and analysis,

Prevention of cross contamination and migration or release of contaminants,

·           Site management planning,

·           Ground water remediation, dewatering, drainage, monitoring and validation,

·           Unexpected finds.

 

c)     A NSW Environment Protection Authority (EPA) Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use.  A Site Audit Statement (Section A) and Summary Site Audit Report is required to be provided to Council which verifies that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly.  Council is required to be consulted with prior to the development of the EMP and any comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

The Site remediation must be carried out to the satisfaction of the Accredited Site Auditor and the Site Audit Statement (SAS) and Site Audit Report must be submitted to Council, prior to:

 

i)      any construction certificate being issued for the development.

ii)      a construction certificate being issued for any building work (other than shoring work, piling work, retaining structures or other work which is necessary to carry out the remediation works).

 

The written concurrence of Council must be obtained prior to any construction certificate being issued for land which has not been remediated or provided with a Site Audit Statement/Report.

 

d)     Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Environment Protection Authority (EPA) and NSW Planning & Infrastructure, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

e)     Should the remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (including capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.

 

f)      A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

general site management, site security, barriers, traffic management and signage, hazard identification and control, worker health & safety, work zones and decontamination procedures, cross contamination, site drainage and dewatering

air and water quality monitoring, disposable of hazardous wastes, contingency plans and incident reporting, and details of provisions for monitoring implementation of remediation works including details of the person/consultant responsible.

 

A copy of the Site Remediation Management Plan is to be forwarded to Council prior to commencing remediation works.

 

g)     Fill material that is imported to the site must satisfy the requirements of the NSW Protection of the Environment Operations (Waste) Regulation 2005 and the NSW Environment Protection Authority (EPA) Waste Classification Guidelines (2008).  Fill material must meet the relevant requirements for Virgin Excavated Natural Material (VENM) or be the subject of a (general or specific) Resource Recovery Exemption from the EPA.

 

Details of the importation of fill and compliance with these requirements must be provided to the satisfaction of the Environmental Consultant and Site Auditor.

 

h)     The works shall not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or Work Health & Safety Act 2011 and Regulations.

 

i)      Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the site Auditor and Council immediately in writing.

 

The written concurrence of the Site Auditor and Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

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

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

 

BASIX Requirements

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.

 

Design Alignment levels

14.     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 9093-6881.

 

15.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $(Amount) 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.

 

16.     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.

 

The height of the building must not be increased to satisfy the required driveway gradients.

      

Carpark Design & Traffic management

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

 

·      The  carspaces, layout, grades & height clearances  must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and AS 2890.6 (disabled parking) and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council).

 

·      The car lift is to be designed and constructed in accordance with the minimum requirements of AS 1735.

 

·      Adequate provisions is to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres.

 

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

 

NOTES:

·      Priority is to be given to vehicles entering the site to minimize any queuing onto Gilderthorpe Avenue.

 

·      All vehicles must enter and exit the site in a forward direction.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

 

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

 

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

 

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

 

i.     Directly to the kerb and gutter  in front of the subject site in Gilderthorpe Avenue; or

 

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

 

iii.   Directly into Council’s underground drainage system located on the opposite side of Gilderthorpe Avenue  via a new section of pipe under Gilderthorpe Avenue and new kerb inlet pit; or

 

iv.   To the street drainage system in Figtree Avenue via a new drainage  easement through adjoining land

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

r)      Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

s)     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

Site seepage & Dewatering

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

 

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

 

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

 

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

 

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

               

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

 

Waste Management

22.     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.

       

23.     The garbage room shall be sized to contain a minimum of 7 x 240 litre bins (comprising 3 garbage bins, 3 recycle bins and 1 green waste and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

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

 

REQUIREMENTS 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

25.     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

26.     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.

 

Earthworks and structural adequacy

27.     A report must be obtained from a suitably qualified and experienced professional engineer/s, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)     Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)     Details to demonstrate that the proposed methods of excavation, support and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)     Written approval must be obtained from the owners of the adjoining land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

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 buildings, additions to existing buildings and other substantial structures which are proposed to be located within the zone of influence of the footings of a building located upon an adjoining  premises,

·           buildings sited at the shared boundaries including but not limited to No. 17 Gilderthorpe Avenue & No. 19 Gilderthorpe Avenue;

·           Any other property or buildings that may be affected following more detailed information obtained from a detailed geo-technical report and required professional engineering certification.

·           excavations for new buildings, additions to existing buildings which are within rock and may result in vibration and or potential damage to any building located upon an adjoining  premises,

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

 

The report/s (including photographs) are required to detail the current condition and status of the relevant building/s 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.

 

29.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

Construction Noise & Vibration Management Plan

30.     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

31.     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

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

 

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

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Construction Traffic Management

33.     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 Gilderthorpe Avenue 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.

 

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

 

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

 

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

 

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

 

          Public Utilities

36.     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.

 

37.     The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Ausgrid, Sydney Water and the 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

38.     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

39.     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

40.     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

41.     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

42.     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

43.     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

44.     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

45.     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.

 

46.     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.

 

47.     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

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

 

        Site Seepage & Stormwater

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

 

Details must include the following information:

 

·       Site plan

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

·       Volume of water to be discharged

·       Location and size of drainage pipes

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

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

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

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

·       Details of compliance with any relevant approvals and licences

 

Road/Asset Opening Permit

50.     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.

 

          Roadway

51.     If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

Traffic Management

52.     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.

 

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

 

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

 

Stormwater Drainage

55.     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.

 

56.     Any required dewatering must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

57.     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

58.     Due to their small size and insignificance, no objections are raised to removing any existing vegetation throughout the subject site, including the Golden Cane palms and various other shrubs around the perimeter of the site where necessary so as to accommodate the proposed works as shown, subject to full implementation of the approved landscape plans.

 

59.     All existing low planting on the Gilderthorpe Avenue verge, across the full width of the site, that has been installed by a resident not Council, must be removed and disposed of, wholly at the applicant’s cost, and be reinstated with a turfed verge.

 

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

60.     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

61.     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

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

a)     Construct/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)     Remove the portion of redundant layback between the new layback and neighbouring layback at No 27 Gilderthorpe Avenue (i.e. in front of the substatation) and to reinstate the area with turf and integral kerb and gutter to Council's specification.

c)     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.

d)     Install signage for ‘motorbike parking only’ in front of  the area of new kerb  between the new layback and neighboring layback at No.27 Gilderthorpe Avenue,  subject to the approval of Randwick Traffic Committee.

 

63.     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.

 

64.     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

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

 

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

 

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

 

Undergrounding of Power

66.     The existing overhead power feed between the nearest mains distribution pole in Gilderthorpe Avenue and the development site shall be relocated to an underground (UGOH) connection. All work shall be to the requirements and satisfaction of Ausgrid and at no cost to Council.

 

Stormwater Drainage

67.     A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration/pump-out system is maintained and that no works which could affect the design function of the detention/infiltration/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.

c.  This restriction and positive covenant may also be executed via an 88B instrument in conjunction with the registration of the strata plan (see strata conditions) provided registration of strata plan occurs prior to the issuing of an occupation certificate.

 

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

 

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

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

69.     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.

 

70.     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

71.     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 Ground Level & Rooftop Landscape Planting Plans by Susan Read Landscapes, dwg L01, issue B, dated 13th October 2016.

 

72.     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.

 

73.     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.

 

Parking

74.     The proposed car lift and turntable system must be fully installed and operational prior to the issuing of any form of occupation certificate. There must be no variation to the proposed parking system without the prior approval of Council (in writing) via a formal amendment to the development consent. 

 

Waste Management

75.     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.

 

76.     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.

 

Stormwater Detention/Infiltration System

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

 

Parking & Traffic

78.     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.

 

79.     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.

 

80.     There must be no variation to the proposed parking system without the prior approval of Council (in writing) via a formal amendment to the development consent. 

 

81.     All vehicles must enter and exit the site in a forward direction.

 

82.     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

83.     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

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

 

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

 

Air Conditioners

85.     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

86.     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.

 

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The “restriction on the use of land” and “positive covenant” are to be prepared and specified to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s City Services Department.

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.

c.  The positive covenant and restriction shall be executed prior to issuing of a strata certificate or via an 88E instrument prior to occupation certificate, whichever the sooner. (see also stormwater drainage conditions).

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

 

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     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.

A11     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.

A12     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.

 

A13     Demolition work and removal of asbestos materials:

 

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

1.

Report - 23-23S Gilderthorpe Avenue, Randwick (DA/769/2016)

 

2.

DA Compliance Report - DA/769/2016 - 23-23S Gilderthorpe Avenue, RANDWICK

 

 

 

 


Report - 23-23S Gilderthorpe Avenue, Randwick (DA/769/2016)

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DA Compliance Report - DA/769/2016 - 23-23S Gilderthorpe Avenue, RANDWICK

Attachment 2

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP45/17

 

Subject:             184-192 Marine Pde, Maroubra (DA/153/2017)

Folder No:                   DA/153/2017

Author:                   City Plan Services, Pty Ltd     

 

Proposal:                    Legitimise the use of the existing openings to the rear of the smash repair shop

Ward:                     Central Ward

Applicant:                Mr W Thomas

Owner:                        Mr G Mauric and Mrs R A Mauric

Summary

Recommendation:     Deferred Commencement Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan


 

Development Application Executive summary report

 

The application was assessed by an external planning consultant and is referred to Council for determination as the operator’s partner is a Randwick City Council employee.

 

1.   Background

 

Development Application No. 69/2016

DA 69/2016 proposed the legitimisation of three (3) unauthorised openings by seeking approval for the use of the openings which are located to the rear of an existing vehicle body repair shop.

 

The DA was assessed by an external consultant, who recommended approval of the development, subject to the following conditions:

 

Amendment of Documentation

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

 

a.    Plan of Management (POM)

·       The POM is to be amended to include all conditions of this determination relating to the operational use, noise emissions and storage of vehicles.

 

The amended POM must be provided to Council within 30 days of the date of determination for the approval of Council’s Manager Development Assessment.

 

Operational Use

6.     The doors to the rear elevation of the subject building must remain closed at all times other than to allow the ingress or egress of vehicles and pedestrians. The doors must be closed immediately after use.

 

7.     The southern doors to the spray booth must only be used between the hours of 7.30am to 5.00pm

 

Noise Emissions

8.     The operation of the premises and all plant and equipment must not give rise to an environmental health or public nuisance or, result in an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

10.   A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within 2 months of the issuing of the development consent, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA Noise Control Manual & Industrial Noise Policy, and Council’s conditions of consent to the satisfaction of Council. The assessment and report must include all relevant fixed and operational noise sources.

 

 Storage of Vehicles

 11.   Servicing, detailing and repairs of vehicles or vehicle parts must be conducted in a covered, bunded area. Vehicles awaiting repair, under repair or awaiting delivery, shall not be stored, parked, or otherwise permitted to stand in a public street or right of way. All such vehicles must be accommodated within the premises.

 

12.   All automotive parts being stored wholly within the building and no automotive parts shall be stored in the open.

 

The DA was considered at a Planning Meeting Committee on 13 September 2016, and was determined by way of refusal on the following basis:

 

1.     The proposed development does not satisfy the B1 Neighbourhood Centre Zone objectives, in that it does not enable residential development that is well integrated with the business functions of the zone.

 

2.     The proposed development does not satisfy the B1 Neighbourhood Centre Zone objectives, in that it does not minimise the impact of development or protect the amenity of residents in the zone and in the adjoining and nearby residential zones.

 

2.   Proposal

 

This proposal is for the legitimisation of the use of the unauthorised openings to the rear of the existing vehicle body repair shop. Operable roller doors have been installed, without prior approval, in the two larger openings measuring 2.67m x 2.7m and 2.84m x 3.55m, and the other is a simple pedestrian door measuring 2.1m x 0.96m.

 

We note that this application relates solely to the use of these openings. We understand that a Building Certificate has concurrently been lodged to address the unauthorised building works.  

 

The subject openings are shown in the plan extract and photographs below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 1: Existing rear elevation, unauthorised openings shown in red. The southern opening is to the far right.    

 

Figure 2: View of openings, facing north-east. The southern opening is to the far right.  

 

Figure 3: View of openings, facing south-west. The southern opening is to the far right.   

 

The applicant was required to provide a Plan of Management (POM) to detail the use and operation of the rear openings, as well as to detail measures to be implemented to minimise the potential acoustic, environmental and amenity impacts upon nearby residents, and manage and respond to resident complaints. A summary of the POM is provided below:

 

Use and operation of rear openings

·     Assist with the functionality of the day-to-day business.

·     Only most southern opening is functional due to the clear space provided in order to manoeuvre a vehicle in and out of the premises.

·     The use of this southern opening is limited due to the use of the spray booth directly inside this opening. Therefore, generally, the main vehicle access point is off Marine Parade.

·     Any vehicles to use the rear southern opening, including tow trucks, deactivates the rear reversing alarm to minimise noise disturbance. 

 

Ingress

·      The main access point is off Marine Parade.

·      Any vehicle brought to the rear is required to enter through the most southern opening and spray booth.

 

Egress

·      Egress through to the rear is undertaken via the southern opening, which leads to the ROW and back to Marine Parade.

 

Storage

·      Vehicles are stored within the workshop or on private land.

·      Storage of vehicles is not permitted in the ROW.

 

Functionality of the ROW

·      Storage of vehicles is not permitted in the ROW.

·      Vehicles that egress from the rear opening, use the ROW to access Marine Parade immediately.

 

Operating hours

·      The operating hours are as follows:

Monday to Friday: 7am-7pm

Saturday: 7am-5pm

Sunday & Public Holidays: Closed

·      The premises has a 24-hour tow truck license, however vehicles towed to use the Marine Parade entrance.

·      The rear openings are open during the hours of operation to improve light and ventilation.

 

Noise

·      Rear openings are to immediately close if there is any specific activity involving excessive noise.

·      All staff is to be educated at weekly meetings.

·      A noise complaints logbook is to be used to note any concerns raised by surrounding residents/businesses, and is made available to Randwick Council upon request.

·      Procedures are to be implemented to resolve any concerns raised.

·      Signage showing after hours contact details is to be displayed. 

 

Odour

·      The site has an existing approved ventilation system.

 

In relation to the storage of vehicles, there is no consent for the storage of vehicles on any private land near to the site.


 

3.   Site

 

The site is located at 184-192 Marine Parade, is legally described as Lot 2 in Deposited Plan 33768, and has a total area of 1,130m2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 4: Locality map, location of rear openings outlined in red (Source: Six Maps).

 

The site is currently occupied by a single storey vehicle body repair workshop, which benefits from existing use rights. The original use was approved in 1929 and has continued in operation since approval.

 

The site is surrounded by a mix of uses and development forms. To the southwest of the site is a four-storey residential flat building and a seven-storey building for the Maroubra Seals Sports and Community Club, to the northwest of the site is a two-storey multi dwelling housing development, and to the north and northeast are restaurants and cafes. A right of way (ROW) runs along the rear and side boundaries of these sites, from Marine Parade through to Fenton Avenue. The site is also adjacent to Maroubra Beach.

 

The site’s surrounding context is shown in the photographs below.

 

Figure 5: RFB and Maroubra Seals Sports & Community Club to the southwest.

Figure 6: Rear of the properties to the north of the site.

 

Figure 7: Rear of the two-storey multi dwelling building to the northwest of the 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. Three (3) submissions were received as a result of the notification process. The submissions raised a number of concerns in relation to the proposed development, as described in the table below.

 

Issues

Comments

Land zoning

The use is prohibited in the B1 Neighbourhood Centre zone. The use of the rear openings intensifies the existing use of the site.

 

The site benefits from existing use rights as a vehicle body repair workshop. The proposed use of the openings is considered an alteration to the existing building, however, does not result in a significant intensification of the use, with no increase to the number of work bays, staff, hours of operation or floor space.

BCA and Fire Regulations

The openings are non-compliant with BCA and fire regulations, and therefore pose a significant fire risk to residents and general public who use the ROW.

 

The proposal was referred to Council’s Regulatory Building department, who concluded the following:

 

“No objection seen subject to the door openings being fire protected in accordance with requirements of Part C of the BCA. It is noted that an Alternative Solution has been obtained and no work will be required. The author advises that the alternative solution complies with the Verification Method CV1 of the BCA DTS and is equivalent to BCA DTS provisions. Hence no further analysis against the performance requirements is necessary. It is noted that the easement/ROW is owned by Maroubra Seals Club and may be developed at a later date.”

 

It is considered the alternate solution ensures that the fire safety of the construction of these openings.

Noise

The openings result in noise impacts to surrounding properties throughout the day.

 

The Acoustic Report does not provide detail on testing of angle grinders and sledge hammers on pounding metal.

 

The applicant was requested to provide a revised Acoustic Report requiring further assessment in relation to the noise emanating activities of the premises, the affected noise receivers, and tow truck deliveries.

 

Appropriate conditions are recommended to be incorporated into the consent, to ensure that the operations of the premises comply within the requirements and recommendations of the acoustic assessments prepared and any additional acoustic information provided to council as part of this development application.

Fumes/chemical odour

The openings allow for fume emission and chemical odour throughout the day.

 

An odour assessment was prepared by Wilkinson Murray Pty Ltd, which concluded the following:

 

“Existing and future odour levels from the Maroubra Bay Garage are at a level that are below nuisance levels and as such are unlikely to have a significant impact on the surrounding residential receivers.”

 

It is recommended that standard conditions relating to odour nuisances will be included in this consent to address any potential odour problems that may arise due to the rears door openings.

Runoff

The openings allow for toxic leaking and runoff in the laneway, which may result in environmental impacts, particularly to the beach.

 

Council’s Health officer advises that the runoff observed can be from multiple sources, as a result of the laneway being used by other commercial premises, waste collection companies and residents. As such it cannot be solely attributed to the subject premises and better dealt with as a regulatory matter than as a determinative consideration for this DA.  

Traffic

The premises significantly increases traffic in the ROW, and obstructs ingress and egress, for both pedestrian and vehicular access.

 

Only the southern opening is to be used for ingress and egress for vehicles.

 

The POM states that vehicles or vehicle parts are not to be stored, parked or worked on in the ROW.

 

Appropriate conditions are recommended to be included in the consent.  

Parking

The premises does not provide the minimum number of car parking spaces as required in Council’s DCP.

 

The proposal does not include increases to the number of staff or work bays, nor does it increase the floor space, and therefore does not trigger the need for additional parking.

 

5.   Referral Comments

 

Council’s Building Regulations and Environmental Health consultants have provided the following comments:

 


 

Regulatory Building Comments:

The comments below are taken from the referral dated 1 May 2017 from Council’s Regulatory Building consultant.

 

No objection seen subject to the door openings being fire protected in accordance with requirements of Part C of the BCA. It is noted that an Alternative Solution has been obtained and no work will be required. The author advises that the alternative solution complies with the Verification Method CV1 of the BCA DTS and is equivalent to BCA DTS provisions. Hence no further analysis against the performance requirements is necessary. It is noted that the easement/ROW is owned by Maroubra Seals Club and may be developed at a later date.

 

Suitable conditions will be recommended.

 

Environmental Health Comments:

The comments below are taken from the referral dated 6 July 2017 from Council’s Environmental Health consultant.

 

Additional information has been received including an odour impact assessment, an additional acoustic report and a letter containing the relevant information that is to be included in the plan of management for the premises.

 

Odour concerns

An odour impact assessment has been undertaken and a report has been provided to Council. The report concludes that odour levels measured at an elevated height and at the boundaries of the nearest residences were well below the nuisance threshold levels given no odour was detected during the measurements. It was advised that VOCs were detected during the measurements but were not identified at a level that would be of any impact to surrounding residents.  It was concluded that existing and future odour levels from the Maroubra Bay Garage are at a level that are below nuisance levels and as such are unlikely to have a significant impact on the surrounding residential receivers.

 

Considering the information in the report, it is recommended that standard conditions relating to odour nuisances will be included in this consent to address any potential odour problems that may rise due to the rears door openings.

 

Ventilation report

Council requested a ventilation report to be provided to confirm that the premises has sufficient natural ventilation and mechanical ventilation in accordance with the BCA. This was to indicate whether the rear doors are required for natural ventilation purposes for the workshop.  A report has not been provided, however the applicant has advised council that the operation of the premises complies with the ventilation requirements of the BCA for the following reasons;

 

‘It was found that with the front roller door & one of the rear openings in the open position, mechanical ventilation was not required as compliance with BCA F4.6 (natural ventilation) was being achieved. These openings were originally in place (the rear being modified only) and therefore complied with the natural ventilation provisions of the BCA. It should be noted that only works to the spray booth require mechanical ventilation due to the works being carried out.’

 

After a review of the BCA requirements and considering a report has not been provided and information regarding size of the rooms and openings has not been included in the above statement, it is difficult to determine whether the premises does comply with the requirements of the BCA requirements. It is therefore recommended that if approval is granted, a condition relating to requiring a ventilation report within one month of the development consent being issued, should be included.

 

Acoustic concerns

Council requested additional acoustic information on 13 June 2017 because the acoustic report prepared by Wilkson Murray (report No 16360 dated February 2017) and additional acoustic statement (provided on the 19 May 2017) did not provide adequate information to confirm that the premises (operating with the rear doors open) would comply with the requirements of the Protection of the Environment Operations Act 1997 and NSW EPA Industrial Noise Policy.

 

An additional acoustic assessment was undertaken and a report was received by council (report no 16360 dated 2 July 2017) which outlined the following information:

 

·      The use of angle grinders

It was acknowledged that the report outlines that angle grinders are not regularly used at the premises but one was obtained for the purpose of the noise assessment.

 

An additional noise assessment of angle grinders was undertaken and concluded that the noise emanating from the use of angle grinders, in conjunction with other noisy activities (worse case noise scenario) met the requirements of the Protection of the Environment Operations Act 1997 and NSW EPA Industrial Noise Policy.

 

·      Tow truck deliveries to the rear of the premises

It was advised that tow trucks will not make deliveries to the rear of the building and will instead only use the entrance on Marine Parade. If a delivery to the rear of the building is required the reversing alarms will be switched off to minimise noise.

 

Council raises concerns regarding the visibility of this recommendation of switching off the reversing alarms as these alarms are a Health and Safety requirement.  

 

As the report did not assess noise from tow truck operations and concerns have been raised from surrounding residents regarding the potential noise impacts during the night time period from tow truck deliveries, it is therefore recommended that conditions are included to restrict the use of the rear door openings during business operations (7am to 7pm Monday to Friday and 7am to 5pm on Saturdays and Sundays).

 

·      Clarification on the terms used “particularly noisy or extended periods of likely noise generation”

 

The report clarifies was is meant by particularly noisy or extended periods of likely noise generation and advises that work undertaken in the middle of the workshop is unlikely to cause any noise impacts and no restrictions are required to be included for this time of work. However, for works being conducted at the rear of the workshop (bay adjacent to the spray booth and rear doors) the following time limits apply to use in a 15-minute period before the doors should be closed.

 

Ø The use of plasma cutter and hand sander – 10 minutes

Ø The use of angle grinder – 1.5 minutes

 

This recommendation should be included to form part of the consent.

 

Plan of Management

A plan of management was requested to be submitted prior to the determination of the development consent.

 

The applicant provided a letter with the relevant information that would form part of the plan of management but the document was not a formalised plan of management for the premises. Whilst the letter was not a formalised plan of management, the relevant information was included to form a plan of management.

 

It is therefore recommended that a condition be included to request a formalised plan of management within 1 month of commencement of the development consent.

 

After a review of all the information provided it is considered that once suitable conditions are included in this development consent to address any potential Environmental Health issues that may arise, the operations of businesses with the rear doors opening, will meet the requirements of the Protection of the Environment Operations Act 1997 and other relevant guidelines and standards.

 

6.   Key Issues

 

Environmental Planning & Assessment Act 1979

 

Existing Use Rights

The site benefits from existing use rights, in accordance with Clause 106 of the Environmental Planning and Assessment Act 1979 (EP&A Act) and Clause 41 of the Environmental Planning and Assessment Regulation 2000 (the Regulation). The current approved use of the site is for a vehicle body repair workshop, which is a prohibited use in the B1 zone of the Randwick LEP.

 

Clause 41 (1) (a) and (b) of the Regulation requires that development consent is required for an intensification and/or alteration of an existing use. The proposed legitimisation of the use of the openings are considered an alteration the existing building. However, the proposal does not result in a significant intensification of the use, with no increase to the number of work bays, staff, hours of operation or floor space.

 

Planning principles in relation to the assessment of development applications based on existing use rights were stated by Senior Commissioner Roseth in Fodor Investments v Hornsby Shire Council (2005) 141 LGERA. These principles were later confirmed by Justice Pain in Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 as follows.

 

Four questions usually arise in the assessment of existing use rights developments, namely:

 

·    Principle One: How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

 

Comment: The proposal involves no change to the bulk and scale of the existing building. The proposal satisfies this principle.

 

·    Principle Two: What is the relevance of the building in which the existing use [sic] takes place?

 

Comment: The proposal allows for the continued use of the existing building. The proposal satisfies this principle.

 

·    Principle Three: What are the impacts on adjoining land?

 

Comment: During the notification period three (3) submissions raised concerns regarding reduced amenity for surrounding residential properties including noise, fumes and traffic, as a result of the use of these openings.

 

The POM indicates that the doors will generally be open throughout the operating hours of the premises to allow for vehicular egress, ventilation and light.

 

Conditions are recommended to restrict the use of the openings, to reduce potential amenity impacts on neighbouring properties. 

 

·    Principle Four: What is the internal amenity?

 

Comment: The proposal does not include any internal changes, however, the use of the rear opening is considered to ensure ventilation within the premises.

 

In order to minimise any potential amenity impacts on surrounding properties, there are several conditions to be included as part of the consent to restrict the use of the openings.

 

Randwick Local Environmental Plan 2012

 

Land Use and Zoning

The subject site is located within the B1 Neighbourhood Centre zone. As stated above, the existing use of the site as vehicle body repair workshop is prohibited in the B1 zone.

 

The objectives of the B1 zone are as follows:

 

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

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

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

 

The proposal is consistent with objective 1, for the ongoing operation of a business use that serves the needs of people living and working in the area. The proposal seeks approval for the use of the rear openings, to allow for the more effective operation of the workshop, with providing access to the spray booth.

 

However, the proposal is inconsistent with objective 3, with the issues raised in the submissions concerning reduced amenity for surrounding residential properties including noise, fumes and traffic. It is considered that the restriction of the use of the openings, with only the southern opening to be used during hours of operation, by means of implementing the recommended conditions of the consent, would address potential amenity impacts to nearby residents.  

 

Randwick Development Control Plan 2013

While the Maroubra Beach Centre DCP is intended for permissible uses, the objectives and controls (where relevant) can be used to guide development in the area and minimise potential negative impacts on neighbouring properties. Although there are no controls that strictly apply to the proposed development, the relevant objectives of the DCP are addressed below.

Acoustic Privacy

The relevant objectives for development in the area are:

 

•      To limit privacy impacts on adjacent development.

•      To ensure new development meets relevant Australian standards relating to noise from road traffic and aircraft.

 

It is considered that the use of the openings, throughout the day, will result in a negative acoustic impact on surrounding properties. The three (3) submissions received during the notification period indicated that the openings have resulted in unreasonable noise impacts to surrounding residential properties.

 

The applicant was requested to provide a revised acoustic statement requiring further assessment in relation to the noise emanating activities of the premises, the affected noise receivers, and tow truck deliveries.

 

To minimise any potential acoustic impacts to surrounding properties, appropriate conditions are incorporated into the consent to ensure that the operations of the premises comply with the requirements and recommendations of the acoustic assessments prepared and any additional acoustic information provided to council as part of this development application.

 

Access

The relevant objectives for development in the area are:

 

•      To limit the visual impact of vehicular access to development.

•      To ensure vehicular and pedestrian safety meets required safety standards.

 

The site has an existing pedestrian and vehicle entrance at the Maroubra Parade frontage. The proposed openings to the rear of the site have pedestrian and vehicle access off the right of way. Only the southern opening accommodates vehicle movement to and from the spray booth. It is considered that the use of the opening is consistent with the objectives, with it unlikely to cause any pedestrian and vehicle movement and safety impact.

 

The controls for development in the area are:

 

(i) Development must separate and clearly distinguish between pedestrian and vehicle access ways.

(ii) Development must be designed to minimise potential for pedestrian and vehicle conflict.

(iii) Vehicle access must be designed as an integral part of the building and to limit visual impacts.

 

With regard to the controls of this Part, it is considered that the use of the southern opening is consistent with the controls, with it not likely to result in negative pedestrian and vehicle conflict, or impact on the traffic movement in the right of way.

Conditions are included to ensure that these openings remain closed, with only the southern opening to be used during hours of operation. Further, to ensure that vehicles or vehicle parts will not be stored, parked or worked on in the ROW, appropriate conditions are included in the consent. 

 

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

 

This proposal is for the legitimisation of the use of the unauthorised openings to the rear of the existing vehicle body repair shop. The use of the openings is to assist with the functionality of the day-today business of the repair shop, by providing access to the spray booth and by allowing vehicles to enter and exit at the rear.

 

Despite this, it is considered that the use of these three openings throughout the day results in reduced amenity for surrounding residential properties, with noise, odour and traffic impacts. In order to reduce any adverse impact to neighbouring sites, the use of the openings needs to be appropriately managed, by means of implementing the recommended conditions. The openings are to remain closed during the hours of operation, with only the southern opening to be used to allow for ingress and egress of vehicles to the spray booth.

 

 

Recommendation

 

A.       That Council, as the consent authority, grants its consent as a Deferred Commencement under Section 80 (3) of the Environmental Planning & Assessment Act 1979, as amended, to Development Application No. 153/2017 to legitimise the use of the existing openings to the rear of the smash repair shop at No. 184-192 Marine Parade, Maroubra subject to the following deferred commencement conditions:

 

DEFERRED COMMENCEMENT CONDITIONS

The consent is not to operate until the following material has been submitted for approval by the Manager of Development Assessment within one month from the date of this Notice of Determination. 

 

1.       A formalised Plan of Management is to be developed which details the measures to be implemented to:

 

·           Encapsulate all operational conditions of this consent, and in particular the following requirements:

·           Ensure compliance with relevant noise criteria and minimise noise emissions and associated nuisances.

·           Ensure compliance with the recommendations set out in the acoustic reports prepared by Wilkinson Murray Report No 16360 Dated: February 2017 and 2 July 2017 except where modified by any other Conditions of this Consent, and any additional acoustic information provided to council as part of this development application.

·           Minimise the potential environmental and amenity impacts upon nearby residents.

·           Effectively manage and respond to resident complaints, including after hour contact details.

 

The premises must operate at all times strictly in accordance with the approved Plan of Management.

 

Evidence required to satisfy these conditions must be submitted to Council for approval within 1 month of the date of this consent.

 

Subject to compliance with the deferred commencement conditions, to the satisfaction of the Manager Development Assessment, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 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

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

 

Plan

Drawn by

Dated

Received by Council

DA02 – Site Plan rev a

Archispectrum

1/12/2016

17/03/2017

 

3.       The southern opening is only to be used between 9am - 5pm Monday to Saturday. The other two openings are to remain closed at all times.

 

4.       The proposed use of the rear door and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

6.       The operations of the business must comply within the requirements and recommendations of the acoustic reports prepared by Wilkinson Murray Report No 16360 Dated: February 2017 and 2 July 2017 and any additional acoustic information provided to council as part of this development application.

 

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

 

8.       Servicing, detailing and repairs of vehicles or vehicle parts must be conducted in a covered, bunded area.  Vehicles awaiting repair, under repair or awaiting delivery, shall not be stored, parked, or otherwise permitted to stand in a public street or right of way. All such vehicles must be accommodated within the premises.

 

9.       A ventilation report is to be prepared by a suitably quality person in ventilation in buildings to confirm that the current ventilation of the building (natural and mechanical ventilation) complies with the requirements of the Building Code of Australia and the Australian Standard 1668: Part 1 & 2 Ventilation in Buildings. The assessment must also consider all activities undertaken and the requirement for the two openings to remain closed in accordance with Condition 1, to close the rear door opening during times of “noisy” activities as recommended by the acoustic report supporting this development application. This report should be submitted to Council within 1 month of the approval of the development consent and the premises must operate at all times in accordance with the approved plan.

 

10.     All automotive parts being stored wholly within the building and no automotive parts shall be stored in the open external areas.

 

11.     Deliveries and/or loading or unloading of goods to the door opening at the rear of the premises (including tow truck deliveries) are restricted to the following hours to minimise disturbances to nearby residents (unless otherwise specifically approved in writing from Council):

 

Monday to Saturday:                     9.00am – 5.00pm

No deliveries on Sundays or Public Holidays.

 

Fire Safety Certificate Requirements

 

12.     A single and complete Fire Safety Certificate, encompassing all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire Safety Certificate must be consistent with the Fire Safety Schedule which forms part of the development consent

 

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

 

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.

 

Noise Emissions

13.     The operation of the premises and all plant and equipment must not give rise to an environmental health or public nuisance or, result in an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations. Note: This condition does not derogate from the requirements of condition 2.

 

Fire Safety

14.     The three (3) openings in the rear elevation of the premises must meet he Performance Requirement CP2 of the BCA and comply with maintenance and any requirements specified in the alternative solution prepared Design Confidence, Ref:P215_405-1 (FER) AA that accompanies this application.

 

15.     This approval is only valid until such time the easement/right of way at rear (presently owned by Maroubra Seals Club) is developed by the owners.

 

Fire Safety Schedule

16.     The following essential fire safety measures to be included in the fire safety certificate and annual fire safety statement (as a minimum):

 

Schedule 1 (New Fire Safety Measures)

 

Fire safety Measure

Minimum Standard of Performance

(To be specified in the fire safety certificate / statement)

Alternative solution prepared by Design Confidence - External north western (rear) openings within the mechanical workshop, known as 186 Marine Parade, are not to be protected in accordance with C3.2 & C3.4 of the BCA

CP2 of BCA- recommendations in report prepared by Design Confidence, Ref:P215_405-1 (FER) AA, dated 14 December 2015

This report and the fire safety measures listed in Section 7 must be identified on the fire safety schedule for the building. They must be maintained and certified in accordance with the Environmental Planning and Assessment Regulation 2000 and relevant Australian Standards

 

Schedule 2 (Existing Fire Safety Measures)

 

Fire safety Measure

Minimum Standard of Performance

(To be specified in the fire safety certificate / statement)

Fire door-rear wall opening to easement/ROW

BCA Clauses C3.2, C3.4, AS1905.1(1997) & Specification C3.4 of the BCA

Emergency lighting

BCA Clause E4.2 & AS2291.1 (1998)

Exit signs, illuminated at front and rear exits of premises

BCA Clause E4.5 & AS 2291.1 (1998)

Portable Fire Extinguishers

BCA Clause E1.6 & AS2444 (1995)

 

A single and complete Fire Safety Statement (encompassing all of the fire safety measures within the mechanical workshop premises at 186 Marine Parade, Maroubra) must be provided to the Council in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000.

A copy of the report prepared by Design Confidence, Ref:P215_405-1 (FER) AA, dated 14 December 2015  is required  to be maintained in the premises at all times and a copy must also be forwarded to Fire & Rescue NSW.

 

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

 

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

 

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

 

GENERAL 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 requirements.  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 legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

 

Attachment/s:

 

1.

DA Compliance Report - DA/153/2017 - 184-192 Marine Parade, MAROUBRA 

Included under separate cover

 

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP46/17

 

Subject:             216 Fitzgerald Avenue, Maroubra (DA/396/2017)

Folder No:                   DA/396/2017

Author:                   Planning Ingenuity, Pty Ltd      

 

Proposal:                    Construction of 2 swimming pools, decking, landscaping and associated works to rear of approved attached dual occupancy.

Ward:                     Central Ward

Applicant:                Mr E De Oliveira Barata

Owner:                        Fitzgerald 216 Pty Ltd

Summary

Recommendation:     Approval

http://interactivemapping/TempFile/NotificationImage.jpg

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application was assessed by an external Planning consultant and is referred to Council for determination as a Randwick City Councillor is one of the investment partners.

 


 

Proposal

 

The proposal is to construct a swimming pool and deck area in the rear yard of each dwelling of the approved dual occupancy (DA 860/2016). More specifically, the proposed development includes:

 

·      Deletion of the approved BBQ and deck at the rear of each dwelling and the retaining walls in each yard;

·      A pool in each yard, located along the eastern and western side boundaries;

·      A pool deck in the north-western and north-eastern corners of each yard; and

·      Landscaping between the pools, shared boundary fence and dwelling, and between the pool and side boundary of each dwelling.

 

The approved site plan and the proposed site plan area provided at Figures 1 and 2 for comparison.

 

Figure 1: Approved site plan/ground floor                 Figure 2: Proposed site plan/ground floor

 

 

Site

 

The site is known as No. 216 Fitzgerald Avenue, Maroubra. The site has an area of 591.3m2. Demolition of the structures has recently been undertaken as part of the development consent for the dual occupancy development (Figure 1). The site slopes from the rear boundary to the street level, with a fall of approximately 5.8m. The rear boundary adjoins a service way (Duncan Street) providing vehicular access to properties on Mons Avenue to the north.

 

Figure 1: No. 216 Fitzgerald Ave, Maroubra (structures now demolished)

 

The site is located in a residential area, characterised by one, two and three storey dwelling houses. Figures 2 and 3 show the development to the east and west of the site. Due to the topography of the land on the northern side of Fitzgerald Ave, many houses have lower ground floor garaging with one or two storeys above.

 

Figure 2: Development west of the site on Fitzgerald Ave

 

Figure 3: Development east of the site on Fitzgerald Ave

 

A dual occupancy was approved on the site on 14 February 2017. Construction of the dual occupancy has not started. The approved site plan is provided at Figure 4.

 

Figure 4: Approved dual occupancy DA/860/2016

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. As a result of this notification, the following submissions were received:

 

·      63 Mons Avenue, Maroubra

 

Issue

Comment

1. On the Councils website disclosing DA notifications, the Council uses google maps. Google Maps is not a mapping authority for property title identification. In this case, it indicates that the private right of way is Duncan Street. What happened to using a Deposited Plan or

Survey?

This issue has been referred to Council’s Information Technology Department for investigation. Notwithstanding, Council’s internal mapping system relies on the  NSW Government Land and Property information database.

2. On the Architect notification plan and drawings it implies that the at the rear of the property is Beatty Lane. This is incorrect, it is the private right of way.

Noted.

3. On numerous occasions previously, Council has been requested to apply a condition to properties seeking development approvals, that they do not have a right to use the

right of way for completion of development.

A condition of consent will be imposed requiring all constructions and deliveries to take place from Fitzgerald Avenue.

4. Due to the incorrect information published by Council this continues to occur and is currently happening In respect to redevelopment 32 Kyogle Street Maroubra. Trades are parking on the right of way and accessing the rear of the property.

Noted. This is a matter for the property owners that have legal rights over the right of way (ROW)

5. Council to date has continually ignored the rights of the vendors that collectively own the right of way. To that end by conduct of council, you have encouraged various parties to abuse the owners' rights.

Noted. This is a matter for the property owners that have legal rights over the right of way (ROW)

6. The Council has contributed to the deterioration of the right of way due to ignoring and not noting a condition that it is not to be used. The right of way is not a normal road and is unsuitable for heavy trade or excessive traffic.

A condition of consent will be imposed requiring all constructions and deliveries  to take place from Fitzgerald Avenue.

 

Key Issues

 

The proposal complies with all the relevant LEP and DCP controls

 

Randwick LEP 2012

The subject site is zoned R2 Low Density Residential zone under Randwick LEP 2012. The proposal development is classified as ancillary to the approved dual occupancy development and is permissible in the zone. The zoning objectives are addressed as follows:

 

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

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

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

•   To protect the amenity of residents.

•   To encourage housing affordability.

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

 

The proposed development meets the objectives of the R2 zone by providing ancillary development to the approved dwellings while protecting the amenity of adjoining neighbours.  The proposal is consistent with the provisions of the Randwick Development Control Plan 2013.

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 with the zone objectives in the LEP and the relevant controls in the DCP. The design of the proposal has responded appropriately to the context and setting of the site.  The proposal will not have any adverse impact on the surrounding natural or built environment nor will it have detrimental impacts to the amenity of neighbours and is worthy of support.

 

 

 

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. 396/2017 for the construction of two swimming pools, decking, landscaping and associated works to the rear of approved attached dual occupancy, at No. 216 Fitzgerald Avenue, Maroubra, subject to the following non-standard condition and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

2.       (a)    All construction access and associated deliveries of materials shall occur from Fitzgerald Avenue, Maroubra.

 

 

Attachment/s:

 

1.

DA Compliance Report - DA/396/2017 - 216 Fitzgerald Avenue, MAROUBRA 

Included under separate cover

 

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP47/17

 

Subject:             48 Torrington Road, Maroubra (DA/931/2014/A)

Folder No:                   DA/931/2014/A

Author:                   Chahrazad  Rahe, Senior Assessment Planner     

 

Proposal:                    Section 96 modification of the approved development by deletion of basement, alteration to set backs and some windows, internal reconfiguration, addition of storage at ground floor and study at second floor and addition of spa pool.

 

Ward:                     Central Ward

Applicant:                Mrs J T Sebastian

Owner:                        Mr G T Sebastian

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

Development Application Executive summary report

 

The application is referred to Council for determination as the original application was determined by Council.

Details of current approval

 

The current approval detaited demolition of the existing dwelling house and garage and construction of a new part 2 part 3 storey dwelling house with basement cellar/storage and new boundary fence.

 

Proposal

 

The subject Section 96(2) application proposes to amend the approved development consent for DA/931/2014 in the following manner:

 

·      Basement is removed;

·      Building has been reduced from 5 bedrooms to 4 bedrooms;

·      Front setback of the dwelling is increased by reducing the building at the ground and first floor levels by 1m and on the second floor level by 960mm;

·      Relocation of a number of windows;

·      First floor gym is replaced with Master Bedroom;

·      Second floor Master Bedroom is replaced with study;

·      Skylight hood relocated 2095mm to the south; and

·      Spa is added to the swimming pool.

 

Site description

 

The site is made up of two lots described as lots 1 & 2 of DP 324581, known as 48 Torrington Road. The subject and surrounding adjoining sites are zoned R2 – Low Density Residential.  The site is restricted to 9.5 metres in height and 0.50:1 in floor space. 

 

The subject site is located on the north eastern side of Torrington Road between Inman and Wilson Streets. The site is ‘L’ shaped with a frontage width of 12.8m and total site area of 1339.67m².  The topography of the site falls gently in two directions from the street to the rear boundary of approximately 1.3m and from the north western side boundary to the south eastern side boundary of approximately 1.02m.

 

The site is currently under construction for a new dwelling which forms part of this section 96 application.

 

The site is located within the foreshore scenic protection area and the locality is predominantly occupied by a mixture of single, 2 and 3 storey semi-detached and detached dwelling housings, attached dual occupancy developments.  Immediately to the north-west of the subject site at no. 46 Torrington Road is a new part two part three storey dwelling house and swimming pool which is current under construction and to the south-east of the subject site at no. 50 Torrington Road is a single storey semi-detached dwelling house. Refer to figure 1 below.

 

Substantially the Same Development:

 

Section 96(2)of the Environmental Planning and Assessment Act, 1979 states that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

“(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

(c) it has notified the application in accordance with:

(i)   the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.”

 

The proposal does not involve a significant change to the nature of the development as approved and it is considered that the proposed modifications would result in a development that would remain substantially the same as the development for which the consent was originally granted.

 

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:

 

50 Torrington Road, Maroubra

Issue

Comment

The height and length of the building is excessive and will reduce solar access into their property.

There are no changes made to the height of the approved building.

 

The proposed modifications are reducing the length of the building by approximately 1m to the front and 2.9m to the rear of the building. This will be reducing the amenity impacts on the neighbouring properties and slightly increase solar access to the objector’s property. 

The height of the fence at 1.8m to the front boundary including existing trees and parked vehicles will create a dangerous and unsafe situation as it will restrict views to the street once entering and existing the site.

The height of the fence from the footpath kerb varied between 1.43m to a maximum height of 1.8m from the subject site.  This has not been altered as part of this Section 96 modification.   The height of the fence was considered to be acceptable and was deemed safe in the original consent for vehicles to enter and existing the site.

 

Driveway has been constantly blocked during construction and the temporary front fence has fallen down on occasion blocking their footpath for pedestrians. 

 

Also, there is no sign displaying the number of the builder and there has been dust and damage to their property.

 

These concerns have been referred to Council’s Regulatory team for investigation.

 

Environmental Planning Instruments

State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 96 modification makes a material change to the BASIX commitments as originally approved.

 

The applicant has submitted a new BASIX certificate. The plans have been checked with regard to this new certificate and they are consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX were included in the original determination.

 

Randwick Local Environmental Plan 2012

The proposal is consistent with the general aims and objectives of the RLEP 2012.

 

The following clauses of LEP 2012 are relevant to the proposed development:

 

Zone R2 – Low Density Residential

The proposed modifications to the approved development will continue to be consistent with the relevant objectives of the zone in that the changes are sympathetic to the existing built environment and will not result in unacceptable impacts on the amenity of neighbouring residents and the streetscape.

 

Clause 4.4 - Floor Space Ratio

The proposed modifications result in a reduction to the floor space ratio, from 0.49:1 (or 663.87m²) to the proposed 0.42:1 (or 558m²), which will continue to comply with the LEP 2012 control standard of 0.6:1 and objectives specified in the Randwick DCP 2013.

 

Clause 4.3 - Height of Building

There are no changes made to the height of the approved building.

 


 

Development Control Plans 2013

Sub-section 2.4 - Landscaping and permeable surfaces

The landscaped area on the site has been increased by approximately 41m² and will continue to comply with the control.

 

Sub-section 3.3.1 - Front Setbacks

There are no amendments made to the setback of the front garage. The proposed development will be increasing the front setback of the entry and main part of the dwelling by approximately 1 metre.  The front setback will remain consistent with the average setback along the street frontage. 

 

Sub-section 3.3.2 - Side setbacks

No changes have been made to the side setbacks.

 

Sub-section 3.3.3 - Rear Setback

The Section 96 plans show an increase of 2.9m in the rear setback which will visual reduce the building bulk and will continue to comply with the rear seback control.

 

Sub-section 5.3 - Visual Privacy

South-western front elevation

It is not expected that the proposed window changes and relocation will result in any unreasonable privacy concerns. The proposed window changes are considered acceptable for the following reasons:

 

·      The window and door openings to the north-east elevation will predominately overlook the internal courtyard and rear yard of the subject.

 

·      The window and door openings to the south western elevation will predominately overlook front yard of the subject site and street.

 

·      The ground floor window and door openings to the side elevations will be screened by the dividing fence and internal court yard area. 

 

·      The window openings to the side elevations on the first and second floor levels are either to low use rooms and/or overlook the roof area of the neighbouring semi-detached dwellings to the south east. 

 

·      They are off set from adjoining window openings such that they do not cause significant privacy concerns.

 

·      Have minimum sill heights of 1.6m from the finished floor level.

 

The proposal is considered to provide a satisfactory outcome with respect to adjoining privacy.

 

Sub-section 5.6 - View sharing

The only changes made that could potential impact on view sharing is the relocation of the skylight hood.  The proposed modifications are primarily reducing the scale of the existing development.  The changes made will result in similar view loss impacts as assessed in the original application and therefore, no further detailed investigation is necessary.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal does not significantly alter the form and nature of the approved development. Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed modifications are considered to result in a development that remains substantially the same as the development for which the consent was originally granted.

 

The proposed modifications have been assessed against relevant RLEP 2012 standards and Randwick DCP 2013 controls and are considered to be acceptable.  Approval of the modifications are considered acceptable as they will not result in any significant environmental impact on neighbouring properties in terms of privacy and overshadowing.  The modifications are reducing the scale of the development and will not detract from the integrity of the development nor its relationship with adjoining development.

 

It is therefore considered that the modifications to the original development consent are reasonable.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Application No. DA/931/2014 for permission to delete the basement level, alteration to setbacks and some windows, internal reconfiguration, addition of storage at the ground floor and study at the second floor and addition of spa pool at No. 48 Torrington Road, Maroubra, in the following manner:

 

Amend Condition No. 1 to read:

 

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/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received by

Council

DA1101 (Issue A)

Snell Architects

August 2014

31 December 2014

DA1201 (Issue B)

Snell Architects

August 2014

12 March 2015

DA1301 (Issue B)

Snell Architects

August 2014

12 March 2015

DA1302 (Issue B)

Snell Architects

August 2014

12 March 2015

DA1401 (Issue A)

Snell Architects

August 2014

31 December 2014

DA1501 (Issue B)

Snell Architects

August 2014

12 March 2015

DA1601 (Issue B)

Snell Architects

August 2014

12 March 2015

DA1602 (Issue B)

Snell Architects

August 2014

12 March 2015

DA6201 (Issue A)

Titled  Indicative External finishes

Snell Architects

August 2014

31 December 2014

Except, as amended by the Section 96 plans and documentation listed below, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Plan

 

Drawn by

Dated

DA1101 (Issue B)

Snell Architects

February 2017

DA1201 (Issue D)

Snell Architects

February 2017

DA1301 (Issue C)

Snell Architects

February 2017

DA1302 (Issue C)

Snell Architects

February 2017

DA1401 (Issue B)

Snell Architects

August 2014

DA1501 (Issue C)

Snell Architects

August 2014

DA1601 (Issue C)

Snell Architects

August 2014

DA1602 (Issue C)

Snell Architects

February 2017

 

BASIX Certificate No.

Dated

585525S_03

23 March 2017

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP48/17

 

Subject:             36A Boyce Road, Maroubra (DA/763/2016/A)

Folder No:                   DA/763/2016/A

Author:                   Brenton Pearce, Development Assessment Officer     

 

Proposal:                    Section 96 Modification of approved development by increasing the width of the carport.

Ward:                     Central

Applicant:                Mr K J Osborn

Owner:                        Mr K J Osborn

Recommendation:     Approval

 

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

 

 

 

 

 

 

 

Development Application Executive summary report

 

The application is referred to Council as the original application was determined by the Planning Committee.

 

Proposal:

 

The applicant proposes to widen the approved width of the carport from 4.0m to 4.3m so that the carport gable is the same width as the dwelling.

 

Subject Site:

 

The site is a rectangular shaped lot located on the northern side of Boyce Road and has a street frontage of 10m and an area of 314.3m2. The existing building is a single-storey brick and timber dwelling, with an existing driveway and paved hardstand at the front and a shed at the rear. This section of Boyce Road can be classified as a local residential street; it features on-street parking, grassed nature strips and some street trees. Sites along the street generally have narrow widths and as a result, parking pads and carports are present in front of a small minority of dwellings along the street.

 

 

Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

(a)   it is satisfied that the proposed modification is of minimal environmental impact, and

(b)   it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)    it has notified the application

(d)   it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The proposed modifications do not involve any significant changes to the approved built form, floor space ratio or use of the site. The application is considered to be substantially the same development as originally approved as the proposed modifications will not alter the essence of the originally approved development and as there were no submissions received, the proposed modification meets the tests under Section 96 of the Environmental Planning and Assessment Act, 1979.

 

Key Issues:

·      RDCP (2013): Clause 6.6 Carport Configuration

ii) The carport must have a flat roof, lean-to roof or gable or hipped roof having a pitch angle that relates to the dwelling or the street. The roof must not be trafficable.

 

The proposed amendment will ensure the carport design is consistent with the roof of the existing dwelling as the gables of both the carport and dwelling will be the same width and height.

 

iii) The maximum width of a carport is as follow:

 

- Single carport – 3m

 

- Double carport – 6m

 

Whilst the original application demonstrated non-compliance with the maximum width control of 3m for single carports, the proposal to amend the approved design to increase the carport width by 300mm is generally acceptable given the resulting carport will convey a more consistent and symmetrical design in relation to the gable at the front of the dwelling, when viewed from the street.

 

        v) The maximum building height of carports is 2.6m for a flat roof or 3.0m for a      pitched roof.

 

The proposed modification will not increase the approved height of the carport and similarly the proposal demonstrates that the carport will remain compliant with the required side setbacks. Overall it is considered that the proposal will result in a better design outcome than the original, approved design and that the character of the dwelling will remain consistent with the character of the streetscape and surrounding development. Similarly the increased width is not likely to result in any adverse environmental impacts such as overshadowing, bulk or additional un-paved surfaces and as such the application to widen the carport by 300mm can be considered to satisfy the objectives of the DCP. The application is therefore recommended for approval.

 

Section 79C Environmental Assessment

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 2012

The site is zoned Residential R2 Low Density under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent.

 

The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will provide the housing needs of the community whilst enhancing the aesthetic character and protecting the amenity of the local residents.

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

Nil.

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

 

The proposal generally satisfies the objectives and controls of the Randwick Comprehensive DCP 2013.

 

 

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

 

Not applicable.

 

 

 

 

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

 

The relevant clauses of the Regulations have been satisfied.

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

 

The environmental impacts of the proposed development on the natural and built environment have been addressed in this report.

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

 

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

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

 

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

 

There were no submissions received. 

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

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

 

 

Financial impact statement:

 

There is no direct financial impact for this matter.

 

Conclusion:

 

The proposed modification to the approved development has been assessed against the requirements of the relevant planning guidelines of the RLEP and DCP as well as the heads of consideration under Section 79C of the EP&A Act 1979 (as amended). The proposed modification is minor and will not result in any adverse impact upon the amenity of the adjoining properties or the character of the streetscape. For these reasons, the subject application is recommended for APPROVAL.

 

 

Recommendation:

 

That Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/763/2016/A, for permission to Section 96 modification of the approved development by increasing the width of carport. Original consent: Construction of carport to front of existing dwelling with associated works. for 36A Boyce Road, Maroubra in the following manner:

 

Amend Condition 1 to read:

 

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

P1157 001 Revision A

Paterson Designs

17/10/2016

P1157 002 Revision A

Paterson Designs

17/10/2016

P1157 003 Revision A

Paterson Designs

17/10/2016

P1157 004 Revision A

Paterson Designs

17/10/2016

P1157 005 Revision A

Paterson Designs

17/10/2016

 

Except as amended by the Section 96 plans listed below, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Plan

Drawn by

Dated

P1157 001 Revision B

Paterson Designs

21/3/2017

P1157 002 Revision B

Paterson Designs

21/3/2017

P1157 003 Revision B

Paterson Designs

21/3/2017

P1157 004 Revision B

Paterson Designs

21/3/2017

P1157 005 Revision B

Paterson Designs

21/3/2017

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP49/17

 

Subject:             14 Undine Street, Maroubra (DA/924/2016)

Folder No:                   DA/924/2016

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                    Demolition of existing structures and construction of a 3 level dwelling with garage, landscaping and associated works

Ward:                     Central Ward

Applicant:                Pappas Architects Pty ltd

Owner:                        N & V Zafris

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to Council for determination at the request of Councillors Seng, Stavrinos and Andrews.

 

 

 

 

Proposal

 

The application details the demolition of the existing dwelling and structures and the erection of a new three level dwelling comprising at ground level a double garage, bedroom, living and utility rooms, within the second level four bedrooms, two bathrooms and living area and within the upper level a studio.

 

The following amendments have been proposed in response to Council’s concerns:

 

§ the southern side setback to the kitchen/living room at ground floor level has been reduced from 1.5m to 1.2m;

§ bedroom 3 at first floor level has been relocated to the northern side of the building;

§ rear first floor balcony has been relocated to the southern side of the building;

§ the southern side setback to the ensuite at first floor level has been increased from 0.9m to 1.2m;

§ the blade wall elements at the south-eastern and south-western corners of the second floor level has been reduced in scale; and

§ the front and rear extent of the roof above the second floor level has been reduced.

 

View of the existing dwelling house at 14 Undine Street, Maroubra

 

Adjoining properties to the south

 

Site

 

The site is on the western side of Undine Street and is a rectangular shaped allotment with a frontage of 12.19m and depth of 38.55m, with an area of 470m². The site falls from the rear to the front with a difference in level of approximately 1.6m. The locality is residential in nature and contains a mixture of semi-detached and free standing dwellings.

 

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 amended proposal was not required to be re-notified as the amendments will not result in any significant additional adverse impact upon the amenity of the adjoining and nearby neighbours. The following submissions were received as a result of the notification process:

 

Issue

Comment

3 Undine Street Maroubra

-The proposed development is not in keeping with other recently built new houses in the area and not in keeping with the character of the street.

 

 

-The maximum height proposed exceeds the allowable height for houses in the foreshore area.

 

 

 

 

 

 

 

-The height of the proposed development will cause significant overshadowing into the neighbouring properties.

 

 

-The height will also inhibit coastal views for direct neighbours as well as those houses further south of the proposed development.

 

-The proposed height and attic level is not in keeping with other DA’s that have been approved in the area and if approved will set a precedent for future DA’s which would further damage the character of the street and foreshore area.

 

5 Undine Street Maroubra

-The proposal is not in keeping with the other recently built new houses in street and will be prominent in the street and from the coast.

 

-The height of the dwelling significant exceeds the allowable height for dwellings and foreshore area houses.

 

8 Undine Street Maroubra

-The proposed dwelling has 3 floors and is too high at 10.5m instead of the maximum 9.5m.

 

-The walls are too high at 9m and should be 7m.

 

 

 

 

-The top floor is meant to be an attic but looks like a third floor.

 

-All windows on the northern side compromise their privacy as do the rear upper floor windows.

 

 

 

 

10 Undine Street Maroubra

-The third level of the dwelling will impact on their privacy and will be out of character with the existing dwellings in the street.

 

12 Undine Street Maroubra

-The wall height at 9.2m is well above the 7m maximum and will result in a major impact on their property.

 

 

 

-The overall building height is approximately 10.5m which is above the RLEP maximum.

 

-The proposed attic is not a proper roof form and is another level that exceeds the height code and results in the large overlooking windows.

 

-The SEE does not accurately address the impacts that the proposal will have upon their loss of amenity and that of the adjoining properties.

 

-The proposed development breaches the DCP requirements in relation to the side setbacks and the rear setback is inconsistent with the adjacent buildings which will have a significant impact in visual acoustic privacy.

 

 

 

 

 

 

 

 

-The proposal will impact privacy in relation to the proposed windows and balconies.

 

 

 

 

 

 

 

 

 

 

-The proposal does not reference the existing structural masonry retaining wall to their boundary which supports their swimming pool and surrounding pavement.

 

 

-The allowance of an imposing 3 storey dwelling will impact upon their privacy and quality of life, economically downgrade the potential sale of their property.

 

 

-A non reflective roof metal material needs to be used to avoid the potential for

 

 

 

 

 

16 Undine Street Maroubra

-The FSR needs to be confirmed and if proven incorrect or inaccurate would object to any increase over and beyond that permitted in the RLEP.

 

-The overall height of the building is at 10.5m which is 1m above the permissible height. Which will result in negative impacts on their property.

 

-The wall height exceeds the 7m maximum in the RDCP and will negatively impact upon their property.

 

-The proposed garage and surrounding construction is not consistent with the average front setback of the adjacent dwellings in the street.

 

-The side boundary setbacks do not comply with the required setbacks in the DCP.

 

 

 

 

 

 

 

-The rear setback of the dwelling is unclear on the site plan and any encroachment beyond the average building line has not been addressed in the SEE.

 

 

-Objects to the roof design in that it will impact upon their amenity and an inappropriate design.

 

 

 

 

 

 

-Whilst the shadow diagrams indicate that the provisions of the DCP may be met there are concerns that the information is inaccurate and misleading. Any impact would be less with a building of a lower height, particularly with no third storey.

 

-The proposal will have a negative impact in relation to their views and no attempt has been made to mitigate complete view loss from their property.

 

-The location of the driveway is located adjacent to their entry which may not be the safest location of a driveway.

 

 

-The driveway appears to be wider that stated in the DCP and is not tapered and at 4m is too wide.

 

-The plans are unclear in relation to the design of the garage and how it relates to the front setback and the proposed roof overhang.

 

 

 

-There is no evidence that the external appearance of the dwelling will not result in any unreasonable adverse environmental impacts.

 

 

-A structural engineers report is requested in relation to the demolition and removal of the existing concrete pool.

 

 

 

-The rear of the property currently has a 3.1m high retaining wall which is not indicated on the plans. The only reference is to a 1.8m high boundary fence.

 

 

-3-4m high screen planting along the southern boundary will remove any views from the rear of their yard and adjoining properties to the south.

 

-Objects to the proposed location of the rain water tank adjacent to their rear patio and as it will be visible.

 

 

-Details of the new front fence should be provided and object to removal of an existing brick pier at their side of the boundary without any prior agreement.

 

 

 

-The material used for the metal roof will need to be non reflective.

 

 

 

 

 

16a Undine Street Maroubra

-The proposal is for a three level dwelling and exceeds the height controls and there are no mitigating factors for non compliance.

 

 

-The side setbacks do not comply with the DCP and will create amenity loss for surrounding properties.

 

 

 

 

 

 

 

-The location of the proposed driveway to the southern side of the property does not take advantage of the existing street fall from the south to north which increases the overall height of the building.

 

-The proposal is entirely inconsistent with neighbouring properties and will have an adverse impact in relation to safety, view sharing, overshadowing, loss of amenity, acoustic and privacy concerns.

 

 

 

 

18 Undine Street Maroubra

-The rear setback is not consistent with the streetscape.

 

 

-The building is too high than all of the other houses on the high side of the street and will block out views.

 

 

 

-The attic is actually a third level.

 

5 Inman Street Maroubra

-The overall bulk of the building is not in keeping with the streetscape and existing dwellings.

 

 

 

 

 

 

 

-The first floor balcony will overlook their property and should either be removed or include a large privacy screen.

 

 

-The height of the building is at 10.5m which exceeds the RLEP control.

 

-The wall height is 9.2m which exceeds the 7m maximum.

 

-There are concerns in relation to reflection from the metal roof.

 

 

 

 

 

 

-The attic room is another level not an attic.

 

-There are concerns in relation to the FSR of the dwelling.

 

 

-The dwelling is close to the rear fence.

 

 

9 Inman Street Maroubra

-The third level obstructs their view.

 

 

 

 

 

 

 

 

-The third level is an eyesore and is inconsistent with the rhythm of the existing dwellings.

 

-There will be an invasion of their privacy and a privacy screen is required from the second storey to provide privacy to the rear of their property.

 

There is a variety of development within the local streetscape and subject to the deletion of the upper level, the proposal would not be inconsistent with the established character.

 

The proposed external wall height is up to 9.2m, which does not comply with the DCP control and is considered to be excessive and will be inconsistent with the predominant built form character of the locality. It is recommended that the entire second floor level shall be deleted. See Key Issues in relation to external wall height.

 

The property is to the north east of the subject site and won’t be overshadowed in winter.

 

 

See discussion in Key Issues of view loss assessment.

 

 

 

The proposed development does not comply with the external wall height control of the DCP and will be significantly higher than the adjoining development. See Key Issues in relation to external wall height.

 

 

 

As noted previously, the proposal does not comply with the external wall height and the upper level is recommended to be deleted.

 

See comments above.

 

 

 

 

The overall building height of the proposed dwelling house is up to 9.5m, which complies with the LEP standard.

 

The external wall height of the development is considered to be excessive. The upper level is recommended to be deleted. See Key Issues in relation to external wall height.

 

See comment above.

 

 

A condition of consent is included to require the two rear bedroom windows in the rear of the dwelling to be modified to comply with the DCP privacy controls. See Key Issues in relation to the upper level of the building.

 

 

See Key Issues

 

 

 

 

 

It is acknowledged that the proposed external wall height is excessive and the upper level is recommended to be deleted. See Key Issue in relation to external wall height.

 

The proposal complies with the overall building height standard under the LEP.

 

 

See comments above and Key Issue in relation to external wall height.

 

 

 

The SEE details the likely impacts of the proposed development upon the amenity of the nearby and adjoining development.

 

 

The majority of the building complies with the setback controls except for the southwestern portion of the garage wall with a setback of 900mm from the side boundary. The non-complying portion of the building is considered to be relatively minor and will not result in any adverse impact upon the amenity of the adjoining neighbours in term of visual/acoustic privacy and solar access. The proposed setback is considered to be consistent with the side setbacks of the existing development in the vicinity of the site. 

 

A condition of consent is included to require the two rear bedroom windows in the rear of the dwelling to be modified to comply with the DCP privacy controls. See Key Issues in relation to the upper level of the building. The plans have been amended to now locate the rear balcony to the southern side of the building and to include privacy screen. The balcony to the front of the property overlooks the street only and not into any private living areas.

 

A condition of consent is included with respect to the structural integrity of the existing retaining walls to the site boundaries, and any remedial works that may be required as part of this development.

 

As noted previously, the upper level is considered to be inappropriate due to non-compliance with external wall height control and is recommended to be deleted .See Key Issues in relation to external wall height

 

A condition of consent is included to require details to be provided of the roof material and finish for approval prior to a Construction Certificate is issued to ensure the reflectivity of the roof finish does not result in any adverse amenity impact.

 

 

The proposed gross floor area has been recalculated and equates to a FSR of 0.6:1 which is less than the LEP maximum of 0.65:1

 

As noted previously, the proposed overall building height complies with the LEP standard.

 

 

It is acknowledged that the proposed external wall height is excessive. See Key Issue in relation to external wall height.

 

The garage portion of the dwelling is consistent with the setback of other buildings in the street

 

 

The non-complying portion of the building is considered to be relatively minor and will not result in any adverse impact upon the amenity of the adjoining neighbours in term of visual/acoustic privacy and solar access. The proposed setback is considered to be consistent with the side setbacks of the existing development in the vicinity of the site. 

 

The rear setback of the proposed dwelling is 9.2m, which complies with the DCP control of 8m.

 

 

 

 

The roof design appears to be compatible with the surrounding built form. However, the external wall height is excessive and the upper level is recommended for deletion to ensure the development maintains a reasonable level of amenity for the neighbouring residents. 

 

The shadow diagrams as submitted provide an accurate indication as to the extent of overshadowing. The deletion of the upper level will minimise the extent of overshadowing.

 

 

 

See Key Issues in relation to view loss.

 

 

 

 

It is not considered that the location of the driveway will have any impact upon the safe movement of vehicles as vision is not impeded

 

The driveway width at 4.5m complies with the DCP control of 5m for a double driveway

 

The garage as shown on the plans is integrated with the overall design of the dwelling. The roof overhang of the garage is a result only of the recessed garage entry, which reflects the DCP design guidelines in relation to garages.

 

There is no evidence that the external appearance of the dwelling would alone result in any unreasonable or adverse amenity impacts to the amenity of the adjoining residents

 

A condition of consent is included with respect to the structural integrity of the existing retaining walls to the site boundaries, and any remedial works that may be required as part of this development.

 

The existing retaining wall is noted on the survey plan and levels of the existing and proposed rear yard also shown on the relevant elevations.

 

 

 

A condition of consent is included to limit the species on planting to the southern boundary to be at no more than 2m at maturity. 

 

The location of the rain water tank to the side passage is not in an unusual location and is not an unusual utility object in a residential environment

 

Details of the new front fence are provided with the application. Any approval for the new fence does not impact upon the obligations of owners under the Dividing Fences Act to consult with the adjoining owners

 

A condition of consent is included to require details to be provided of the roof material and finish for approval prior to a Construction Certificate is issued to ensure the reflectivity of the roof finish does not result in any adverse amenity impact.

 

It is acknowledged that the proposed external wall height is excessive and the upper level is recommended to be deleted. See Key Issue in relation to external wall height.

 

The non-complying portion of the building is considered to be relatively minor and will not result in any adverse impact upon the amenity of the adjoining neighbours in term of visual/acoustic privacy and solar access. The proposed setback is considered to be consistent with the side setbacks of the existing development in the vicinity of the site.

 

Noted

 

 

 

 

 

 

There is a variety of development within the local streetscape and an argument cannot be made that this proposal would be significantly out of character with any established local character. See comments in the Key Issues and Compliance report in relation to the amenity issues and any impacts

 

 

The rear setback of the dwelling is at 9.2m which complies with the DCP control of 8m

 

It is acknowledged that the proposed external wall height is excessive and the upper level is recommended to be deleted. See Key Issue in relation to external wall height.

 

See comments above.

 

 

The proposed external wall height is up to 9.2m, which does not comply with the DCP control and is considered to be excessive and will be inconsistent with the predominant built form character of the locality. It is recommended that the entire second floor level shall be deleted. See Key Issues in relation to external wall height.

 

The rear first floor balcony has been relocated to the southwestern side of the building and will not create any privacy impact to 5 Inman Street.

 

The overall building height complies with the LEP standard

 

See comments above. The upper level is recommended to be deleted.

 

A condition of consent is included to require details to be provided of the roof material and finish for approval prior to a Construction Certificate is issued to ensure the reflectivity of the roof finish does not result in any adverse amenity impact.

 

Noted. The upper level is recommended to be deleted.

 

The proposed FSR is 0.6:1, which complies with the DCP maximum of 0.65:1

 

The rear boundary setback is 9.2m, which complies with the minimum of 8m

 

 

The upper level is recommended to be deleted and the development would remain consistent with the overall building height and FSR standards applicable to the subject site and therefore should not result in any unreasonable impact on the views from the rear of 9 Inman Street.

 

The upper level is recommended to be deleted.

 

 

The rear setback of the dwelling varies from 12m to 14m, which is adequate to maintain privacy between the two properties.

 

 

Key Issues

 

1)        View loss

Access was provided to the adjoining properties of Nos. 16 and 18 Undine Street to assess the view loss impact of the proposal.

 

Under Section 4.3 of the Development Control Plan for Dwellings and Attached Dual Occupancies a performance requirement is that buildings are designed to allow for a sharing of view loss. The Land and Environment Court has established a four step analysis of view loss in Tenacity v Warringah Council (2004).

 

The Commissioner in deciding whether or not view sharing was reasonable adopted the following planning principle.

 

a)     The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or Headland) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which interface between land and water is visible is more valued than one in which it is obscured.

b)     The second step is to consider from part of the property the views are obtained. For example the protection of views across side boundaries is more difficult that the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side and sitting views is often unrealistic.

c)     The third step is to assess the extent of the impact. This should be done for the whole property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them) The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

d)     The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies will all planning controls would be considered more reasonable that one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact upon the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.   

 

For clarity of assessment of view loss, the view impacts from the properties at 16 and 18 Undine Street where access was provided are discussed separately.

 

16 Undine Street Maroubra

a)  Views from this property which will be affected are from the rear of the property and include expansive views to the north across Lurline Bay and directly towards Bondi to the north.

 

Existing view from rear ground level outdoor area of No.16 Undine Street

 

Existing view from the upper level rear balcony of No.16 Undine Street

 

 

Existing view from rear upper level bedroom of No. 16 Undine Street

 

b)  The views are from outdoor living areas, at ground and upper floor levels and rear bedroom across the subject property at No.14 Undine Street and are available from both a standing and sitting position.

c)  The view impact from the original proposal is detailed in the following photos which illustrate these same views with the proposed dwelling superimposed.

 

View impact from rear ground level outdoor area of No.16 Undine Street

 

View impact from the upper level rear balcony of No.16 Undine Street

View impact from rear upper level bedroom of No. 16 Undine Street

 

The applicant was advised of the extent of view loss (as illustrated above) and provided the following amendments to maintain views from the adjoining property:

 

·    Adjusted the southern side setback of the kitchen/living room to 1.2m which complies with the DCP.

·    Relocated bedroom 3 at the rear of the dwelling to the northeastern side of the dwelling to maintain sightlines across the site from the rear first floor balcony of No.16 Undine Street.

·    Increased the southern side setback to the ensuite at first floor to 1.2m to comply with the DCP.

 

These amendments have resulted in improved sightlines from the adjoining property as detailed in the photos below

 

Extent of view loss to rear outdoor living area as a result of the amended plans

 

Extent of view loss from rear upper level balcony as a result of the amended plans

 

d)       The amended plans have satisfactorily addressed the view loss impacts from the adjoining neighbours at 16 Undine Street and will satisfy the principles of view sharing as detailed in the objectives of Part 5.6 of the Randwick Development Control Plan 2013– Low Density Residential, which seek to ensure that development is sensitively and skillfully designed to maintain a reasonable amount of views from the development, neighbouring dwellings and the public domain.

 

18 Undine Street, Maroubra

The proposal will not result in any impact upon the existing view from No.18 as there is no rear balcony and the balcony to the front of the dwelling looks across the street and not towards the north in the direction of the subject dwelling two properties to the north. Views from that front balcony are not impacted by the proposed development.

 

2)        External Wall Height

Building height is a major factor affecting the visual mass of a development, the degree of overshadowing and potential to cause unreasonable impact upon the neighbouring properties in terms of view loss. The combination of the overall building height and external wall height controls seek to ensure the scale and mass of development complement the desirable streetscape character and achieve a suitable urban design outcome.

 

The objectives of the building height control of the DCP are as follows:

 

§  Ensure development height establishes a suitable scale to the street and contributes to its character,

§  Ensures development height does not cause unreasonable impacts upon the neighbouring dwellings in terms of overshadowing, view loss, privacy and visual amenity, and

§  Ensure the form and massing of development respect the topography of the site.

 

The maximum external wall height applicable to the subject site is 7m as the site is relatively flat with the exception of the existing driveway, which was excavated to allow easier access to the existing garage at the rear of the site.

 

The proposed external wall height of the dwelling is up to 9.2m, which exceeds the 7m height limit and also higher than the existing dwellings at Nos. 16 and 16A Undine Street by up to 1.2m. The non-complying external wall height relates to the second floor level only. 

 

When assessing the non-complying external wall height, Council must give consideration to whether the overall objectives of the DCP can be achieved. In this instance, it is considered that the proposed development fails to satisfy the relevant objectives of the building height control for the following reasons:

 

§  the external wall height of the proposed development is significantly higher than the adjoining dwellings at Nos. 16 and 16A Undine Street and will result in a building that is inconsistent with the existing built form character within an established residential area;

§  the proposed development will result in unreasonable impacts upon the amenity of the adjoining neighbours in terms of view loss, overshadowing and visual bulk; and

§  the proposed development is inconsistent with the scale of the development in the locality and will detract from the aesthetic value of the foreshore scenic protection area. 

 

For the above reasons, it is recommended that the entire second floor level of the development should be deleted.

 

Setbacks

 

The setbacks of buildings define the outer extremities of buildings in relation to the boundaries. The setback controls are formulated to maintain any established front setback, and to the side and rear ensure an adequate level of building separation to provide for access, landscaping, privacy and natural light and ventilation.

 

The objectives of Part 3.3 of the Randwick Development Control Plan 2013– Low Density seek to;

 

a)  Maintain or establish a consistent rhythm of street setbacks and front gardens that contributes to the character of the neighbourhood,

b)  Ensure the form and massing of development complement and enhance the streetscape character,

c)  Ensure adequate separation between neighbouring buildings for visual and acoustic privacy and solar access,

d)  Reserve adequate areas for the retention or creation of private open space and deep soil planting, and

e)  Enable a reasonable level of view sharing between a development and the nieghbouring dwellings and the public domain.

 

The proposal complies with the controls of the DCP with the exception of the ground floor southern setback garage portion of the dwelling.

 

The non-complying portion of the dwelling will not result in any adverse impact upon the amenity of the adjoining dwelling with respect to visual and acoustic privacy as the wall is to the garage, with the remainder of the dwelling complying with the 1200mm setback. It is also noted that the setback is consistent with the nearby and adjoining dwellings and it cannot be argued that the non-compliance to this portion of the dwelling alone would significantly restrict access to light and ventilation to the adjoining building.

 

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

 

That the application be approved subject to conditions.

 

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. 924/2016 for the demolition of all structures on site and the erection of a 3 level dwelling with garage, landscaping and associated works at No. 14 Undine Street 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

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

 

a.  The entire attic floor level of the building containing the ‘studio’ shall be deleted.

 

b.  The privacy screen to the rear first floor balcony must have a height of 1600mm (measured above the floor level of the balcony).

 

                   The privacy screen must be constructed with either:

 

·       Translucent or obscured glazing;

·       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.

 

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

 

·       Windows to bedroom 2 and bedroom 3 on the north-eastern elevation

 

d.  The planting to the southwestern side boundary shall be restricted to species that will attain a mature height of up to 2m above existing ground levels.

 

 

Attachment/s:

 

1.

DA Compliance Report - DA/924/2016 - 14 Undine Street,    MAROUBRA

Included under separate cover

 

 

 


Ordinary Council                                                                                                 10 October 2017

 

RCC LOGO_Stacked_COLOUR_RGB

 

Director City Planning Report No. CP50/17

 

Subject:             207 Doncaster Avenue, Kensington (DA/92/2017)

Folder No:                   DA/92/2017

Author:                   Kate  Wine, Environmental Planning Officer     

 

Proposal:                    Alterations and additions to existing dwelling for conversion to a two storey boarding house containing 8 double and 3 single boarding house rooms, communal space, 2 car park spaces, landscaping and associated works.

Ward:                     West Ward

Applicant:                Mr C Doumanis & Mrs A Doumanis

Owner:                        Mr C Doumanis & Mrs A Doumanis

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to Council at the request of Councillors Andrews, Seng and Stavrinos.

 

1.   Proposal

 

The proposed development involves alterations and additions to an existing dwelling and change of use to a boarding house accommodation.

 

The proposal was amended following a meeting with Council’s Development Engineers and Landscape Officer on 14 June 2017 regarding flooding issues, parking provisions, and access and tree removal. Amended drawings were received 30 June 2017.

 

The proposed works involve the alterations and additions including the construction of an additional storey and rear extension to provide a total of 11 bedrooms and works to the rear of the building to provide communal open space, additional parking and access.

 

The proposal includes four single bedrooms with en-suites (room nos. 1 - 4), including two accessible single rooms, a common laundry, and communal indoor and outdoor areas at ground floor. First floor will comprise 7 double bedrooms with en-suites.   

 

Landscaping works involve paved and ramped access and soft landscaping within the front setback, new planting along the southern boundary, an open space communal recreational area at the rear of the building. The proposal also involves the retention of the existing mature Liquid Amber tree along the rear boundary.

 

The proposal will retain the existing car parking for one car (Car Space 1) and its access from Barker Street. Works at the rear of the site involve the creation of an elevated parking platform with ramped access via a new driveway and crossover on Barker Street. The elevated platform will comprise parking for one additional car (Car Space 2), an area for vehicle manoeuvring, two motorcycle spaces, bicycle storage and a waste storage area.

 

Background

A pre-lodgement meeting was held on 14 November 2016 and planning advice was provided in response to the following issues:

 

·      Parking and amenity impacts;

·      Compliance with State Environmental Planning Policy – Affordable Rental Housing 2009;

·      Compliance with Clause 30A of the ARH SEPP (Character of the locality);

·      Development Engineers comments relating to flood levels;

·      Compliance with Parking requirements in Part B7 of the Randwick Council’s Development Control Plan 2013;

·      Additional engineering considerations in relation to civil works comments, alignment levels, Sydney Water, Service Authority, drainage; and

·      Waste Management.

 

The issues raised have been addressed within the proposed development application as amended, and considered within this assessment.

 

2.   Site

 

The site has an area of 513.5sqm and is known as Lot 22 DP10943.

 

The site is located on the western side of Doncaster Avenue and on the corner of Barker Street (to the south). The site is bounded by a 6m wide dedicated drainage reserve to the west (rear) and adjacent to a single storey detached residential dwelling immediately to the north.

The site is occupied by single storey detached dwelling. A single storey brick garage with a tiled gabled roof fronts Barker Street is located within the south western corner of the site. A mature Liquid Amber tree is located along the rear boundary.

 

The site is surrounded by predominantly detached, single storey dwellings to the north, and along the eastern side of Doncaster Avenue, with a number of two storey detached dwellings interspersed along the street.

 

Kensington Park (Kensington Oval) is located on the opposite side of Barker Street to the south and a a two storey residential development is located on the opposite side of the drainage reserve to the west (No. 89-89A Mooramie Avenue).

 

Figure 1: Subject site as viewed from Doncaster Avenue.

 

Figure 2: Subject site as viewed from corner of Doncaster Avenue and Barker Street.

 

Figure 3: Subject site as viewed from Barker Street looking north east showing dedicated drainage reserve, mature Liquid Amber tree and single storey garage at rear.

 

Figure 4: View of Barker Street frontage looking east and Kensington Oval to the south.

 

3.   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:

 

·      34 Mooramie Ave, KENSINGTON

·      46 Mooramie Ave, KENSINGTON

·      175 Doncaster Ave, KENSINGTON

·      203 Doncaster Ave, KENSINGTON

·      262 Doncaster Ave, KENSINGTON

·      272 Doncaster Ave, KENSINGTON

·      274 Doncaster Ave, KENSINGTON

·      Kensington West Kingsford Precinct

 

Kensington West Kingsford Precinct

Issue

Comment

Over development of the site.

The proposal complies with the built form controls for the site prescribed within the LEP and DCP.

Intensification of use and need for an on-site manager with 20 occupiers.

The proposed boarding house is a permitted use within the R2 Residential zone. In accordance with the ARH SEPP, an on-site manager is not required for a boarding house with less than 20 lodgers.

Does not comply with core objectives of the R2 Low Density Zone.

Boarding houses are a permitted use within the R2 Low Density Residential zone and the proposal meets zone objectives as outlined in the report.

High density in a low density zone.

The proposal is a permissible use within R2 Low Residential Zone and complies with height and floor space requirements prescribed by the Randwick LEP 2012.

Car parking provision inadequate.

The proposal provides 2 car spaces in accordance with the ARH SEPP and Randwick DCP.

Does not meet ‘low cost housing’ objectives of ARH SEPP.

Refer to Key Issues Section.

Not compatible with the character of the area.

Refer to Key Issues Section.

 

262 Doncaster Avenue, Kensington

Issue

Comment

Car parking provision inadequate for the potential 19 occupants and will place additional pressure for parking on existing residents along Doncaster Avenue.

The proposal provides 2 car spaces in accordance with the ARHSEPP and Randwick DCP.

Traffic congestion

The site is located within close proximity to public transport and parking has been provided in accordance with SEPP and DCP.

 

274 Doncaster Avenue, Kensington

Issue

Comment

Car parking provision inadequate and does not comply with the ARH SEPP.

The proposal provides 2 car spaces in accordance with the ARH SEPP and Randwick DCP.

Does not comply with core objectives of the R2 Low Density Zone.

Boarding houses are a permitted use within the R2 Low Density Residential zone and the proposal will meet zone objectives as outlined in the report.

Anti-social behaviour expected and lack of supervision provided.

The plan of management and acoustic report provided are acceptable subject to suitable conditions.

Disruption to low density residential character of the area.

Refer to Key Issues Section.

Traffic congestion

The site is located within close proximity to public transport and parking has been provided in accordance with SEPP and DCP.

 

272 Doncaster Avenue, Kensington

Issue

Comment

Car parking provision inadequate for the potential the number of occupants and will place additional pressure for parking on existing residents in the area.

The proposal provides 2 car spaces in accordance with the ARHSEPP and Randwick DCP.

Noise impact from the number of residents.

Refer to Key Issues Section.

Rubbish/littering (photos provided showing littering outside No.268 Doncaster Avenue – existing boarding house).

Adequate waste storage facilities are provided with the proposal.

 

Waste removal procedures have been included within the plan of management.

Out of character with the area and community values.

Refer to Key Issues Section.

 

203 Doncaster Avenue, Kensington

Issue

Comment

Out of character with the area and not in accordance with R2 low density objectives.

Refer to Key Issues Section.

Devalue of neighbouring houses as a result of the traffic congestion, noise and disruption.

Property values are not a planning consideration.

Two storey building and proposed setbacks will cause visual privacy impacts to properties to the north.

Refer to Key Issues Section.

Car parking provision inadequate for the potential the number of occupants and will place additional pressure for parking on existing residents in the area.

The proposal provides 2 car spaces in accordance with the ARHSEPP and Randwick DCP.

Adequate zoning to accommodate proposed land use closer to Anzac Parade.

Boarding houses are a permitted land use within the R2 Low Density Residential zone.

Undesirable tenancy occupant for the area.

Boarding houses are a permissible use within the R2 Zone.

Development not capable of supporting the number of occupants.

Boarding rooms, communal areas, open space and facilities meet the minimum area requirements specified within the ARH SEPP and the Randwick DCP 2013.

High density

The proposal meets the bulk and scale requirements specified within the Randwick LEP 2012.

Impact on amenity.

Refer to report.

 

In addition to the submissions received, the following petitions with a combined total of 125 signatures were received.

 

Petition (68 signatures) prepared by 175 Doncaster Avenue, 46 Mooramie Avenue, 34 Mooramie Avenue, Kensington

Issue

Comment

Out of character with streetscape and not in accordance with objectives of R2 zone and Clause 30A of the ARH SEPP.

Refer to Key Issues Section.

Destroy the amenity of the area through the intensification of use with 19 occupants (previously 4 or 5).

Refer to Key Issues Section.

Overdevelopment of the site, more aligned with R3 medium density zone.

The proposal complies with the built form controls prescribed by the LEP and DCP for the site.

Car parking provision inadequate for the potential the number of occupants and will place additional pressure for parking on the area.

The proposal provides 2 car spaces in accordance with the ARH SEPP and Randwick DCP.

Inadequate kitchen facilities to provide for long term use.

The proposed kitchen and bathroom facilities are suitably sized and configured.

Inadequate deep soil landscaping.

Refer to Key Issues Section.

Boarding houses are often ‘unaffordable’ accommodation although described as ‘affordable’.

Boarding houses are a permissible use within the R2 Residential Zone and the proposal is in accordance with the SEPP (Affordable Rental Housing) 2009.

 

Petition (57 signatures)

Issue

Comment

Out of character with streetscape and not in accordance with objectives of R2 zone and Clause 30A of the ARH SEPP.

Refer to Key Issues Section.

Destroy the amenity of the area through the intensification of use with 19 occupants (previously 4 or 5).

Refer to Key Issues Section.

Overdevelopment of the site, more aligned with R3 medium density zone.

The proposal complies with the built form controls prescribed by the LEP and DCP for the site.

Car parking provision inadequate for the potential the number of occupants and will place additional pressure for parking on the area.

The proposal provides 2 car spaces in accordance with the ARH SEPP and Randwick DCP.

Inadequate kitchen facilities to provide for long term use.

The proposed kitchen and bathroom facilities are suitably sized and configured.

Inadequate deep soil landscaping.

Refer to Key Issues Section.

Boarding houses are often ‘unaffordable’ accommodation although described as ‘affordable’.

Boarding houses are a permissible use within the R2 Residential Zone and the proposal is in accordance with the SEPP (Affordable Rental Housing) 2009.

 

4.   Key Issues

 

4.1    Character of the locality (Clause 30A, SEPP (Affordable Rental Housing) 2009

Clause 30A of the SEPP (Affordable Rental Housing) 2009 requires that ‘a consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area’.

 

The most appropriate method of assessing this issue is to apply the character test in accordance with the planning principle ‘Compatibility in the urban environment’ described by the Land and Environment Court in Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 at 22-31. The planning principle provides guidance on a proposal’s compatibility with the surrounding development with regard to context, compatibility of built form, compatibility of use, and consistency with objectives of the zone (in this case, R2 Low Density Residential).

 

Context: The site has an area of 513.5sqm. The site is located at the southern end of Doncaster Avenue, on the corner of Barker Street (to the south). A 6m wide dedicated drainage reserve is located immediately to the west (rear), and a single storey detached residential dwelling is located immediately to the north. Kensington Park (Kensington Oval) is located on the opposite side of Barker Street to the south.

 

The dwellings to the north, and on the eastern side of Doncaster Avenue are predominantly detached and single storey, with scattering of two storey detached dwellings along the street. A two storey residential development is located at the rear of the site, on the opposite side of the drainage reserve to the west (89-89A Mooramie Avenue). A double garage fronting Barker Street dominates the rear setback of this property.

 

The subject site is not a listed heritage item, and is not located within heritage conservation area, or within the vicinity of any nearby heritage items.

 

The site is affected by flooding during major storm events (as predicted within the Council commissioned and adopted Kensington/Centennial Park Flood Study). A large mature Liquid Amber tree is located on the rear boundary adjacent to the drainage reserve.

 

The site is also located 280m from the bus stop on Anzac Parade with frequent weekly and weekend bus services, within 350m of the approved Strachan Street light rail stop, and is located within approximately 300m the University of New South Wales.

 

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Figure 5: Image showing distances to public transport and UNSW from subject site.

 

Compatibility of built form:

The proposal involves the construction of a rear extension at ground level (10sqm) and internal configuration and construction of a first floor addition resulting in a two storey development to accommodate 11 boarding rooms with appropriate room sizes, facilities and amenity for the lodgers.

 

As detailed within the compliance tables, the proposal meets the relevant built form controls for the site. The proposal complies with the height and floor space controls and demonstrates acceptable setbacks from the boundaries. The proposal also demonstrates a built form which is consistent with the allowable scale of a standard two storey detached dwelling house which would be considered acceptable development for the site.

 

Sufficient private open space, parking and accessible facilities have been included, and proposed landscaping includes new planting along the southern boundary, and the preservation of visual neighbourhood amenity with the retention of an existing mature Liquid Amber tree at the rear.

 

The design of the building incorporates a hipped and gabled roof form and use of a combination of face brick and painted rendered finishes which is generally consistent with the existing style of dwellings established along Doncaster Avenue streetscape. The proposal retains the existing front door and property entrance via Doncaster Avenue, retaining the local scale presence on the primary street frontage.

 

The proposal includes an elevated car parking platform area within the rear setback to accommodate the required parking spaces for the boarding house. The parking area will be accessed via a ramp from the site’s secondary street frontage on Barker Street.

 

While it is acknowledged that the elevated parking platform will occupy a substantial portion of the rear setback and its design is not typical for the provision of on-site parking along Doncaster Avenue, the approach is considered acceptable in the circumstances for the following reasons:

 

·      The proposed raised platform will allow for an additional parking space and vehicle maneuverability on the site in order to satisfy the parking requirements outlined within the SEPP (Affordable Rental Housing) 2009 and therefore allow the site to contribute to the provision of alternative residential accommodation opportunities within an appropriate location.

 

·      The proposed location of parking and access is consistent with the established streetscape pattern for this part of Barker Street which comprises vehicle access to secondary frontages for dwellings located on the opposite side of Doncaster Avenue and for dwellings fronting Mooramie and Cottenham avenues to the west. In addition, a condition is recommended for a vehicle security gate to be provided to the Barker Street access to further soften the appearance of the elevated platform when viewed from Barker Street and Kensington Oval.

 

·      Potential impacts from the elevated parking platform on neighbouring amenity are limited due to the site’s unique context. As mentioned, the site is located adjacent to the drainage reserve at the rear and bounded by two street frontages and opposite Kensington Oval (to the south). The proposal will not result in overshadowing and potential visual privacy loss to No.205 Doncaster Avenue have been addressed within this report and are able to be managed by screening required by condition of consent.

 

·      Although deep soil landscaping will be compromised, the raised platform has been designed in response to the recommendations by Council’s Development Engineer with regard to the issues of flooding and will continue to allow for appropriate stormwater infiltration and reduction of overland flow. The proposal includes permeable landscaping which is distributed across the site and includes the retention of the mature Liquid Amber at the rear of the site, as well as planting of new trees along part of the Doncaster Avenue and Barker Street frontages.

 

·      Access ramps and driveways are not structures included within the definition for ‘site coverage’ as defined within Part C1, Section 2.3 of the Randwick DCP and the proposed outcome will be consistent with the extent of site coverage experienced by the two storey building and its double garage at 89-89A Mooramie Avenue (to the west), on the opposite side of the drainage reserve as well as the hard surfaces and extent of site coverage is experienced at nos. 234, 240, 252 and 260 Doncaster Avenue.

 

The proposal also includes an access ramp for pedestrian access via Doncaster Avenue is proposed within the northern side of the front setback from Doncaster Avenue. The access ramp will not be significantly visible from the street front as it is located behind the existing rendered masonry front fence which is proposed to be retained and repainted and to include the installation of new metal pickets above to a maximum height of 1.2m.

 

As explained further in this report, the scale and form of the proposed development will not result in any unreasonable impacts on amenity of neighbouring dwellings.

 

Compatibility of use:

The proposed boarding house use is a permissible landuse within the Low Density Residential R2 Zone and has been designed to meet the built form controls for the site and use.

 

An acoustic report was submitted with the application, and relevant conditions of consent will ensure that its recommendations are enforced. In addition, a comprehensive plan of management was also submitted detailing the operational strategies which will be employed on the premises. Additional conditions relating to house rules, use of the elevated car park area and emergency exit strategies are recommended to ensure that the operation of the premises conserves the amenity of neighbouring dwellings. Subject to conditions, the plan of management is able to satisfy the relevant criteria outlined within the SEPP (Affordable Rental Housing) 2009 and Randwick DCP.

 

It is noted that the proposed boarding rooms located on the southern side of the building (rooms 3 and 4 on ground floor, and rooms 7 and 9 the first floor) will be unable to receive substantial sunlight access as would normally be required for primary living areas within dwellings. However, Clause 29 of the SEPP (Affordable Rental Housing) 2009 and C4 of the Randwick DCP requires solar access be provided to indoor and outdoor communal areas and does not specify requirements for individual boarding rooms. The indoor and outdoor communal areas on ground floor will have a north and western aspect and will receive sunlight for a minimum of 3 hours and will provide sufficient sun access opportunities lodgers.

 

Consistency with R2 Zone objectives:

The Randwick LEP outlines a number of objectives for the R2 Low Density Residential Zone which have been responded to below:

 

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

 

Comment: The proposal provides an alternative housing option for the community which can accommodate up to 18 lodgers within a low density residential environment. The 11 boarding rooms will each comprise adequate facilities including a small kitchen and an en-suite bathroom. The proposal includes two accessible ground floor rooms, sufficient parking and access on site, and communal indoor and outdoor spaces. The subject site is well serviced by public transport and located within close proximity (walking distance) to the University of NSW and additional amenities along Anzac Parade.

 

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

 

Comment: This objective is not applicable to the development.

 

·      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: The proposal has been designed to comply with the maximum FSR and height controls for the site and incorporates a roof design and materials which are compatible with the existing style of dwellings along Doncaster Avenue. In addition, the existing front masonry fence will be retained with the inclusion of pickets. The proposal concentrates vehicle access to the secondary frontage which is consistent with the existing character of this part of Barker Street.

 

·      To protect the amenity of residents.

 

Comment: As discussed below, the proposal, subject to additional conditions will not result in any unreasonable loss of visual or acoustic privacy, and due to its location and context, will not result in any overshadowing to neighbouring dwellings.

 

·      To encourage housing affordability.

 

Comment: The proposal provides an alternative housing option for the community within the R2 Zone and will be able to accommodate up to 18 lodgers within the 11 boarding rooms. The subject site is appropriate due to its context, and is well serviced by public transport and located within close proximity (walking distance) to the University of NSW and additional amenities along Anzac Parade.

 

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

 

Comment: This objective is not applicable to the development.

 

4.2    Landscaping and permeable surfaces

The Randwick DCP 2013 requires a minimum of 30% deep soil landscaped area for sites with areas between 451sqm and 600sqm. The site has an area of 513.5sqm.

 

The proposal involves a total of approximately 87.5sqm (17%) permeable deep soil landscaping distributed over three separate areas involving a lawn area at the rear (between the proposed raised parking area and rear boundary fence), lawn area along the southern side of the building within the side setback, and within front setback (south eastern corner of the site).

 

The DCP requires a deep soil permeable areas to have minimum widths of 900mm. The deep soil areas will comprise minimum dimensions of 1.8m at the rear, 2.5m for the side, and 4.2m for the lawn area within the front setback. In addition, the elevated parking platform at the rear of the site has been designed to allow for appropriate stormwater infiltration and reduction of overland flow.

 

The proposal involves substantial tree planting along the southern boundary and the retention of the 12m mature Liquid Amber tree situated at the rear boundary and the proposed elevated parking area will be constructed in accordance to arborist recommendations and away from root zones to ensure its sustained growth.

 

The proposed deep soil landscaping and vegetation will provide a visual balance from the public domain, retain the established vegetation corridor at the rear and assist in stormwater filtration on the site

 

Although the total proportion of deep soil landscaping does not meet the minimum DCP requirement, the proposal is considered acceptable and is able to comply with the remaining controls in this section as well as meet the objectives of the controls.

 

4.3    Visual privacy

Windows and balconies

Section 5.3 of the DCP requires that all habitable room windows and balconies must be designed and located to minimise any direct viewing of habitable room windows in adjacent dwellings and that the windows and balconies be orientated away from the adjacent dwellings where possible or appropriate privacy measures included.

 

The alterations at the rear ground level include the installation of a full length window to the northern elevation to allow access of natural sunlight to the communal living area. While it is noted that there is a 1.8m high boundary fence located between the site and the adjacent dwelling to the north, it is recommended that this window install fixed translucent glazing up to 1.6m to provide additional protection of visual privacy for both properties.

 

High level windows to bedrooms 5 and 8 and their en-suites along the northern elevation (sill heights of 1.5m). It is recommended that the sill height be increased to 1.6m to further enhance visual privacy opportunities for the subject development and the dwelling to the north. Upper level windows to the remaining bedrooms are orientated towards Doncaster Avenue to the east, Barker Street to the south, or to the rear of the site and will not cause a loss of visual privacy. In addition, there will also be no loss of privacy from the two Juliette balconies (relating to rooms 6 and 9) at first floor level on the southern elevation, facing Barker Street.

 

Rear parking and access

The proposal involves the construction of an elevated car parking area and access at the rear of the site. The elevated car parking area will have a finished floor level (FFL) 21.60, which is approximately 500mm and 900mm above natural ground level.

 

The proposed elevated structure will incorporate a permeable screen fence along the northern and western boundaries at the rear. The permeable screen will have a total height between 2m and 2.36m, and a height of 1.5m above the finished floor level of the car park slab. Due to its height and permeable nature, there is potential for visual privacy loss to the rear living areas and private open space of the adjacent dwelling to the north (205 Doncaster Avenue).

 

While it is recognised that the elevated area is for car parking and maneuvering of vehicles and bins, not a proposed recreational or entertaining area, and its anticipated frequency of use will be limited, it is recommended that additional planting be located along the northern boundary of the car park to provide additional privacy protection and a softened visual appearance.

 

The proposal includes restrictions on the hours of use and number of persons for the rear communal outdoor area. It is recommended that conditions are also included to ensure the use of the elevated car parking area is restricted to persons entering and exiting their vehicles and waste collection/removal only, and shall not to be used for the purposes of entertaining. It is recommended that these restrictions are included within the ‘house rules’ within the Plan of Management.

 

With regard to the above, the proposal is able to meet the objective of the control and will be able to ensure that overlooking and cross viewing is minimized to the neighbouring dwelling to the north.

 

4.4    Acoustic privacy

Section 5.4 of the DCP requires that dwellings must be sited and designed to limit the potential for excessive noise transmission to the sleeping areas of adjacent dwellings and that main living room windows, and like areas, must not be located immediately adjacent to the bedroom windows of the adjoining dwellings. The proposal incorporates communal indoor area and communal open space in the form of a courtyard at the rear of the building. The location is consistent with the recreational areas and private open space areas for neighbouring dwellings and is in accordance with the objectives of the control.

 

An acoustic report prepared by Rodney Stevens & Associates dated February 2017 was submitted with the application and confirms that the acoustic noise criteria can be achieved and included a number of operational acoustic recommendations for the use of the premises, including (but not limited to) restrictions on use of outdoor courtyard, no amplified music in outdoor area, number of persons in outdoor area.

 

The proposal was referred to Council’s Environmental Health Section and a number of conditions have been included to ensure compliance with the recommendations of the acoustic report and to provide additional conditions for the use and operation of the premises, as well as proposed operation of plant and equipment. A condition is also included to ensure that a further acoustic report is prepared by a suitably qualified and experienced acoustic consultant and submitted to Council three months after the occupation certificate has been issued to ensure that noise and vibration emissions from the development satisfies the relevant legislative criteria and conditions of consent (including recommendations).

 

With regard to the above, and recommended conditions of consent, the proposal is able to meet the objectives of the control.

 

4.5    Car parking and access

SEPP (Affordable Rental Housing) 2009

The SEPP (Affordable Rental Housing) 2009 requires 0.2 parking spaces must be provided per boarding room for boarding house developments located within an ‘accessible area’. The proposed boarding house will comprise 11 bedrooms (maximum 18 lodgers) and requires total of 2.2 spaces (2 parking spaces). The proposal does not require a parking space for an on-site manager as it has capacity for less than 20 lodgers.

 

The proposal meets this requirement by retaining an existing single garage (Car space 1) with its existing vehicle crossover and access via Barker Street, and includes a second car space within the elevated parking area adjacent to the northern boundary of the site (Car space 2).

 

The SEPP (Affordable Rental Housing) 2009 also requires spaces be provided for one bicycle and one motorbike for every 5 rooms. The proposal complies with this requirement by including 2 motorbike spaces and at least 2 bicycle spaces within the elevated parking area at the rear of the site.

 

The proposal meets the parking requirements specified within the SEPP and thus is also in accordance with Part B7 of the Randwick DCP 2013.

 

Part C1, Section 6 Randwick DCP 2013

Section 6, Part C of the Randwick DCP 2013 relates to Car parking and access for dwellings and can be applied to the proposal. Section 6.1 relates to the location of parking facilities and requires a maximum of 1 vehicular access per property with a preference for access via rear lanes or secondary street frontages.

 

The proposal involves the parking for two cars, two motorbikes and bicycles within the rear setback. The proposal utilises an existing single garage which will be accessed via an existing crossover on the Barker Street (secondary frontage) and includes the construction of a new driveway and crossover on Barker Street frontage which will lead to the elevated parking area at the rear via a ramped driveway and comprising a turning area and pedestrian access. The elevated parking area and its ramped driveway access will occupy approximately 108sqm of the rear site and extend to the northern boundary.

 

Although the proposal seeks a secondary crossover and driveway to the Barker Street frontage and the elevated parking area will occupy a substantial portion of the site, it will be located at the rear of the property, and will not be visible from the primary Doncaster Avenue street frontage. The elevated platform will be of concrete construction and has been designed as a raised platform in order to comply with the flood level requirements.

 

Section 6.3 (Part C1) of the DCP also details that setbacks for garages and carports. As mentioned, the proposal involves the retention of the existing single garage within the rear south western corner of the site with access from Barker Street and is located 600mm from the rear western boundary line. There are no additional carports or garage structures proposed.

 

Section 6.4 relates to driveway configuration. The proposal involves the creation of a new (slightly curved) driveway and crossover measuring a maximum of 3.6m in width. The curved nature results from need to avoid the kerb inlet pit located to its west. Although the proposed width is greater than required for a single car space, the site’s Barker Street frontage is 39m and its width would normally allow the accommodation of a double garage/carport with a maximum driveway width of 5m in accordance with the DCP. The proposal is considered reasonable and will not pose undue safety risks on building occupants and pedestrians, or adversely impact on the amenity of any neighbouring properties.

 

Section 6.7 relates to hardstand car space configuration and requires that the areas include permeable materials with minimum dimensions of 2.4m x 5.4m. The proposed elevated platform has been designed at FFL 21.60 and responds to flooding issues identified by Council’s engineers. The elevated platform will be of concrete construction with designated drainage pits for stormwater. The additional car space provided will be accessible and located along the northern boundary with minimum dimensions of 5.4m x 3.8m.

 

As mentioned, the proposed parking and access at the rear will not be visible from the primary Doncaster Avenue frontage and will not detract visually from the expression of the building. While it is recognised the proposed parking area will occupy a substantial proportion of the rear of the site, the elevated area has been designed to allow for stormwater infiltration. In addition, it is recommended that a vehicle entrance gate be provided along the Barker Street frontage to soften the visual appearance of the ramped driveway and parking area when viewed from Kensington Oval.

 

Furthermore, the location and design of the parking area and its access is considered acceptable with regard to pedestrian and occupant safety and with the inclusion of additional conditions in relation to visual and acoustic privacy, the proposed parking facilities and access is not considered to result in any unreasonable amenity impacts on neighbouring properties.

 

5.         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.

 

6.         Financial impact statement

 

There is no direct financial impact for this matter.

 

7.         Conclusion

 

As outlined within this report, the proposal complies with the relevant assessment criteria outlined within the SEPP (Affordable Rental Housing) 2009 as well as the relevant requirements prescribed by the Randwick LEP 2012. The proposal also predominantly complies with the relevant controls and meets the relevant core objectives outlined within the Randwick DCP 2013.

 

A boarding house is a permitted use within the R2 Low Density Residential Zone and the proposal is able to meet the relevant zone objectives. The proposed development is able to satisfy the character compatibility test in accordance with the planning principle and subject to conditions, will not result in any adverse impacts upon either the amenity of the neighbouring dwellings or the character of the locality.

 

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

 

 

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. 92/2017 for alterations and additions to existing dwelling for conversion to a two storey boarding house containing 7 double and 4 single boarding house rooms, communal space, 2 car park spaces, landscaping and associated works at No. 207 Doncaster Avenue, Kensington, 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.     Drawing nos.D104/D Proposed Elevation and Section, and D105/D Proposed Elevations and Sections 2  be amended to show the permeable privacy screen to be 1.5m high.

 

b.     The windows to rooms 5 and 8 located along the northern elevation at first floor level must have a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this height.

 

c.     Ground floor communal area window located on the northern elevation is to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below a height of 1.6 metres.

 

d.     A security vehicle entrance gate shall be provided across the driveway fronting Barker Street. The vehicle entrance gate is to be a maximum height of 1200mm, and shall be compatible in its design to the fence with the upper two thirds of the gate (excluding any piers or posts) at least 50% open to maintain reasonable levels of amenity to the streetscape.

 

The gate opening shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place. Details of the proposed vehicle access gate are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning & Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

e.     Additional planting be located along the northern boundary of the car park to provide additional privacm the north.

 

Operational Plan of Management

3.       The Plan of Management prepared by GSA Planning dated February 2017 shall be amended to include the following aspects to the satisfaction of Council’s Manager Development Assessment.

 

·           Criteria and process for choosing residents;

 

·           Separate registers containing 1) lodger details, 2) complaints and incidents and 3) evacuation plans register;

 

·           Details of internal signage to include (but not limited to): signs to be displayed in each boarding room and communal living areas which indicate maximum number of lodgers per room, house rules, emergency contact numbers for essential services, annual fire safety statement and current fire safety schedule and emergency egress routes and evacuation plan register.

 

·           Restriction on the use of the car parking area is restricted to persons entering and exiting their vehicles and waste collection/removal only, and not to be used for the purposes of entertaining;

 

·           Clear evacuation procedures in case of a major flood event with suitable signage installed as required.

 

·           All new tenants of this development must be informed of flooding risk and evacuation procedures.

 

·           All ground floor furnishings below RL 22.61 AHD shall comprise of flood compatible materials.

 

 

Attachment/s:

 

1.

DA Compliance Report - DA/92/2017 - 207 Doncaster Avenue, KENSINGTON 

Included under separate cover

 

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP51/17

 

Subject:             26 Burbong Street, Kingsford (DA/420/2017)

Folder No:                   DA/420/2017

Author:                   Anthony Betros, Planning Consultant - ABC Planning Pty Ltd     

 

Proposal:                    Construction of two storey dwelling with garage and associated works.

Ward:                     West Ward

Applicant:                Fowler Homes

Owner:                        Mr S Gross & Mrs H Gross

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

Development Application Executive summary report

 

The application was assessed by an external consultant and is referred to Council for determination as an owner is a relative of a former Randwick City Councillor that was on Council when the application was lodged.

Proposal

 

The proposal is seeking demolition of the existing dwelling and rear garage and construction of a 2-storey dwelling, including double garage and associated landscaping.

 

The proposal comprises the following works:

 

Level 1

Level 1 contains the main living area, dining, kitchen, ancillary living, office and laundry, alfresco dining, landscaped area double garage.

 

Level 2

Level 2 contains master bedroom with ensuite, bedroom 2, bedroom 3, bedroom 4, bathroom and sitting room.

 

Site Description and Surrounding Area

The subject site is described as Lot 3200 in DP 752015, known as 26 Burbong Street, Kingsford. The allotment is rectangular with a frontage of 12.495m, depth of 31.85m and overall area of 398m2. The site is relatively flat with a slight fall from west to east by approximately 700mm.

 

The subject site and surrounds are zoned R2 – Low Density Residential. The site is surrounded by similar scale semi-detached and detached dwellings. 

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. No submissions were received.

 

Key Issues

 

Development Control Plan 2013 – Part C1: Low Density Residential

 

3.2 Building Height

The proposal includes floor-to-ceiling heights of 2.59m, which falls below the minimum 2.7m for living areas. The proposed floor-to-ceiling height provides reduced amenity to future residents and it will be conditioned that the ground floor floor-to-ceiling heights are raised to a complying 2.7m. The additional height will not generate any streetscape, visual bulk or shadow impacts, noting that both the overall height and wall height are well below the permissible standards.

 

 

3.3.2 Side Setbacks

The proposal complies with the 1200mm side setbacks for both the western and eastern boundary. The exception is the double garage that has a nil setback to the eastern boundary for a length 5.52m at ground floor. The proposal is considered to be suitable as in accordance to section 6.3 Setbacks of Parking Facilities, zero lot garages are permitted.

 

The neighbouring property at 28 Burbong Street’s parking facilities are located on the common boundary adjoining the subject site, as a double garage is located in the north-western corner of the site accessed by a driveway. As a result the proposed nil setback would not have any amenity impacts to 28 Burbong Street.

 

Figure 1: 26 & 28 Burbong Street displaying adjoining parking facilities 

 

Furthermore, the location of the carport is suitably setback from the front boundary and recessed behind the front facade alignment and compatible with the surrounding streetscape that includes examples of similar garage locations, notably southern-eastern neighbour 19 Burbong Street. 

 

Figure 2: 19 Burbong Street with nil setback garage location 

 

For the above reasons, the proposed nil setbacks for the garage are considered acceptable and satisfy the objectives of the control.

 

3.3.3 Rear Setback

The proposal has a rear setback of 6.5m, which is under the 8m requirement. The degree of non-compliance is isolated to the ground floor rear living area that is centrally located and has a width of 4.91m. This is an improvement on the current condition, as the dwelling has the north-west section of the dwelling setback from the rear boundary by 4m. 

Figure 3: Current 4m rear setback

 

Overall, it is considered that the proposed rear setback is suitable for the site, an improvement on the current conditions and has no unreasonable amenity impacts to surrounding properties. 

 

4.1 Building Design - Wall length

The proposed western elevation includes a corner window with awning and change of material for the front 1.4m of the elevation, providing articulation and visual interest to the visually prominent front portion of the elevation. However, the rear section of the elevation has unrelieved wall length of 14.79m, which is non-compliant with the 12m control.

 

 

Figure 4: Western Elevation with 14.79m unrelieved wall

 

The degree of non-compliance is minor and restricted to the rear section of the elevation and considered to have a minor impact on the overall visual presentation of the proposal. Given the visually prominent front section of the elevation contains a high degree of articulation it is considered that the proposal makes a positive and contemporary contribution to the streetscape.

 

For the above reasons, the wall length of the western elevation is considered acceptable and satisfies the objectives of the control.

 

 

Landscape Comments

There are no existing trees, covered by Part B5 (Preservation of Trees and Vegetation) in Council's DCP 2013, that will be affected by this proposal.

 

Undergrounding of power lines to site

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

 

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

 

The subject is not located within 15m of a power pole on the same side of the street hence the above clause is not applicable.

 

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 complies with the objectives and control requirements of the relevant State and Local planning controls.

 

Subject to the enclosed conditions, the development scheme will not generate unreasonable adverse impacts on the amenity of surrounding properties in terms of visual bulk and scale, solar access, view loss and privacy.

 

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

 

 

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 420/2017 for demolition of existing dwelling and construction of new two storey dwelling with double garage, at No. 26 Burbong Street, Kingsford, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Amendment of Plans & Documentation

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

 

2.       a)     The floor-to-ceiling height of the ground floor must be 2.7m.

 

 

Attachment/s:

 

1.

DA Compliance Report - DA/420/2017 - 26 Burbong Street, KINGSFORD 

Included under separate cover

 

 

 


Ordinary Council                                                                                                 10 October 2017

 

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Director City Planning Report No. CP52/17

 

Subject:             26 Eastbourne Avenue, Clovelly (DA/286/2016/A)

Folder No:                   DA/286/2016/A

Author:                   Chahrazad  Rahe, Senior Assessment Planner     

 

Proposal:                    Section 96 modification of the approved development by relocation of spa pool and deck to rear, removal of swimming pool, provision of planters to southern streetscape frontage and western boundary, addition of pergola to western side.

Ward:                     North Ward

Applicant:                Mr K J Turner

Owner:                        Mr K J Turner

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Development Application Executive summary report

 

The application is referred to Council for determination as the original consent was determined at the Ordinary Council Meeting held on 22 November 2016.

1.         Current consent

 

Development consent was granted at an Ordinary Council meeting on the 22 November 2016 for substantial alterations and first floor additions to the existing dwelling house including triple garage, new front swimming pool, spa and roof top terrace.

 

The proposed building works included the following:

 

·      Street level – Realigning the front wall of the garage and reconfiguring the internal space. Pedestrian access adjacent to the eastern property boundary will be maintained. Planter boxes and awning style structure will be provided forward of garage alignment.

 

·      Lower ground floor – Internal reconfiguration to provide equipment store, gym, laundry, sauna, bathroom and pool pump room. A spa and pool is proposed in the front setback area in the south western corner of the allotment, above the garage.

 

·      Ground floor – Internal reconfiguration and extension at the rear. The external wall at the eastern elevation is proposed to be realigned. South facing living area will open onto reconfigured deck, adjacent to pool. Retaining wall at eastern property boundary to be constructed.

 

·      First floor – Extension of first floor towards the rear of the site and internal reconfiguration to provide five bedrooms, two bathrooms and ensuite. South facing balcony is proposed to be extended.

 

·      Roof – The hipped roof to be replaced with two hipped elements with a central glass component situated above the hall through the middle of the roof form. Construction of a yoga deck above the southern end of the dwelling with planter beds at perimeter.

 

At that meeting it was resolved that Council supported the variation to Clause 4.4 of Randwick Local Environmental Plan 2012, relating to floor space ratio and a non-standard condition was included regarding the deletion of the front swimming pool and spa which is the subject of this application.

 

The condition reads as follows:

 

2 (a)     The swimming pool and spa must be deleted from the plans and replaced with decking or landscaped area, or combination of both, with a finished floor level of RL 16.1 (being the level of the existing lawn area) for the area within the front setback west of the western wall to the lower ground gym; and, RL 17.39 (being the level of the top of the existing deck for the area east of the western wall of the lower ground gym).

 

The existing wall to the western area may be retained and a balustrade to meet BCA requirements shall be placed around the eastern deck area, setback a minimum of 1.5m from the southern alignment of the deck.

 

Proposal

 

The application is seeking approval for Section 96(2) modifications to the approved development in the following manner:

 

·      The swimming pool and spa have been removed from the front building alignment and replaced with landscaped lawn and planters.  The spa is relocated to the rear of the property and a new pergola structure is provided to the north of the spa.

 

·      The lower ground floor plan has been slightly amended and the laundry room, bathroom and sauna have been relocated.

 

·      New pergola structure is added to the eastern side over the mid entry stair landing.

 

·      New pergola and timber screen is added to the western side of the ground floor dining room window.

 

·      The western side of the building on the first floor level is slightly increased to a setback of 900mm from the boundary to comply with BCA requirements.

 

·      Remove two rear trees.

 

Subject site and surrounds

The subject site is located on the northern side of Eastbourne Avenue, Between Bruce Avenue and Ocean Street and is Known as No. 26 Eastbourne Avenue Clovelly, described as Lot 1 in DP7057.

 

The site is irregular in shape, with a combined south boundary frontage width of 12.15m to Eastbourne Avenue, an eastern side boundary of 42.05 metres, a western side boundary of 43.91 metres and a rear northern boundary of 12.4 metres.  The site has a total area of 503.3m² and has a north to south fall of approximately 6.41 metres and an east to west fall of approximately 0.65 metres along Eastern Avenue.

 

Existing on the site is a two storey rendered brick dwelling with hipped and tiled roof. The dwelling sits above street level with a front setback that is consistent with the prevailing streetscape pattern. A triple sandstone garage is positioned at the street edge with a balcony space above.

 

The land use composition in the immediate locality is characterised by single dwellings and large part two and three storey dwelling houses, positioned above street level with garage facilities at the street edge. It is evident that many dwellings in the locality have been, or are currently undergoing, substantial renovation.

 

To the east of the site is a two storey dwelling and within the front setback is a terrace area above two single garages at No. 28 Eastbourne Avenue.  To the west of the site is a part one and two storey dwelling and within the front setback is a terrace area above two single garages.  Adjoining the rear of the site to the north at No. 32 Shackel Avenue is a part one and part two storey dwelling house.  To the south of the site are Burrows Park and the Pacific Ocean.

 

 

 

Image 1: Subject & adjoining properties

 

2.         Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013.  No submissions were received as a result of the notification process.

 

3.         Section 96 Assessment

 

Section 96 of the Environmental Planning and Assessment Act 1979, states that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)   it is satisfied that the proposed modification is of minimal environmental impact, and

(b)   it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)    it has notified the application

(d)   it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The proposed modifications do not involve any significant changes to the approved built form, floor space ratio or use of the site. The application is considered to be substantially the same development as originally approved as the proposed modifications will not alter the essence of the originally approved development and as such, it can be assessed under Section 96 of the Act.

 

 

 

4.         Key Issues