RCC LOGO_Stacked_COLOUR_RGBTHESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

 

 

 

 

 

 

 

 

 


THESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MONTHLY MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

MINUTES OF Ordinary Council Meeting of the Council of the City of Randwick HELD ON Tuesday, 10 October 2017 AT 6:00 p.m.

 

Present:

The Mayor, Councillor L Shurey (Chairperson) (North Ward)

 

Councillor A Luxford (Deputy Mayor) (West Ward)

 

North Ward                                          -    Councillors C Hamilton & K Neilson

 

South Ward                                          -    Councillors C Da Rocha, N D’Souza &

                                                              D Said

 

East Ward                                            -    Councillors T Bowen (from 6.30pm) &

                                                              M Matson

 

West Ward                                           -    Councillors H Stavrinos & P Veitch

 

Central Ward                                        -    Councillors A Andrews (from 6.15pm),

                                                              D Parker & T Seng

 

 

Officers Present:

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J Frangoples

Director City Planning                                       Ms S Truuvert

Director Governance & Financial Services             Mr J Smith

Manager Administrative Services                        Mr D Kelly

Manager Development Assessment                     Mr K Kyriacou

Communications Manager                                 Mr J Hay

Manager Corporate Improvement                       Ms A Warner

 

 

Prayer & Acknowledgement of Local Indigenous People

The Council Prayer was read by Cr Da Rocha. The Acknowledgement of Local Indigenous People was read by Cr Said.

 

Note: A minutes’ silence was observed to commemorate the 15th anniversary of the victims of the Bali bombings and for the recent tragedy in Las Vegas.

 

Apologies/Granting of Leave of Absences

 

An apology was received from Cr Roberts.

 

RESOLVED: (Stavrinos/Matson) that the apology received from Cr Roberts be accepted and leave of absence from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Ordinary Council Meeting held on Tuesday 22 August 2017

168/17

RESOLUTION: (Stavrinos/Matson) that the Minutes of the Ordinary Council Meeting held on Tuesday 22 August 2017 and Extraordinary Council Meeting held Tuesday 26 September 2017 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

a)     Cr Neilson declared a non-significant non pecuniary interest in Item CP44/17 as she knows some of the residents who have made submissions on this matter.

b)     Cr Neilson declared a non-significant non pecuniary interest in Item CP50/17 as she knows some of the residents who have made submissions on this matter.

c)     Cr Neilson declared a non-significant non pecuniary interest in Item CP55/17 as she knows some of the residents who have made submissions on this matter.

d)     Cr Luxford declared a non-significant non pecuniary interest in Item CP50/17 as she knows the applicant.

e)     Cr Stavrinos declared a non-significant non pecuniary interest in Item CP50/17 as he knows some of the objectors through living in the City of Randwick.

f)     Cr Matson declared a non-significant non pecuniary interest in Item CP50/17 as he has discussed this matter with a former Councillor.

g)     Cr Andrews declared a non-significant non pecuniary interest in Item CP45/17 as he is aware of the applicant through various community organisations.

h)     Cr Andrews declared a significant pecuniary interest in Item CP46/17 as he is a Director of the Company which owns the property. Cr Andrews will be taking no part in the debate or voting on this matter.

i)      Cr Bowen declared a non-significant non pecuniary interest in Item NM60/17 as he knows the speaker on this item through living in the City of Randwick.

 

Address of Council by Members of the Public

Prior to consideration of the Agenda by the Council, deputations were received in respect of the following matters:

 

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

 

Applicant           Mr Raif David

 

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

 

Objector            Ms Katrina Drewer

 

Applicant           Mr Stuart Hill on behalf of applicant

 

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

 

Objector            Ms Antonitsa Vafeas

 

Applicant           Mr Grant Christmas on behalf of applicant

 

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

 

Objector            Mr Philip North on behalf of applicant

 

Applicant           Mr Nick Zafiris

 

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

 

Objector            Ms Joanne Pomering

 

Applicant           Mr Chris Katris on behalf of applicant

 

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

 

Objector            Mr Patrick Le Bon on behalf of applicant

 

Applicant           Ms Ticky Fullerton

 

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

 

Objector            Ms Helen Byrnes

 

Applicant           Ms Halina Rubenstein on behalf of applicant

 

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

 

Objector            Ms Catriona O'Sullivan

 

Applicant           Mr Peter Ahearn on behalf of applicant

 

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

 

Objector            Mr Dan Murphy

 

Applicant           Mr Andy McDonald on behalf of applicant

 

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

 

Applicant           Ms Josephine Fenech

 

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

 

For              Mr David Malanos

 

The Meeting was adjourned at 7.45pm and was resumed at 8.02pm.

 

RESOLVED (PROCEDURAL MOTION): (Matson/Seng) that the matters that were the subject of addresses to Council by members of the public be brought forward for immediate consideration.

 


 

Mayoral Minutes

 

 

MM26/17  Mayoral Minute - Australian Marriage Law Postal Survey - Further Consideration (Deferred) (F2009/0524)

 

 

 

 

 

169/17

Note: a Rescission Motion in relation to this matter was submitted by Councillors Andrews, Hamilton and Stavrinos in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council Meeting to be held on 24 October 2017.

 

RESOLUTION: (Mayor, Cr L Shurey) that the General Manager be delegated to undertake the immediate issuing of a public statement via print advertisements, the Mayoral Column, email systems, Council social media platforms and web sites indicating that Randwick City Council supports a "yes" vote in relation to the Australian Marriage Law Postal Survey.

 

MOTION: (Mayor, Cr L Shurey) CARRIED ON CASTING VOTE OF THE MAYOR - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Da Rocha

Councillor D'Souza

Councillor Matson

Councillor Hamilton

Councillor Neilson

Councillor Luxford

Councillor Parker

Councillor Said

Councillor Shurey

Councillor Seng

Councillor Veitch

Councillor Stavrinos

 

 

Total (7)

Total (7)

 

 

 

MM27/17  Mayoral Minute - Friends of Malabar Headland - Waiving of Fees (F2017/00432)

170/17

RESOLUTION: (Mayor, Cr L Shurey) that the fees for Friends of Malabar Headland Eco Living Fair stall be waived and that the $110.00 be charged to the 2017-18 Contingency Fund.

 

MOTION: (Mayor, Cr L Shurey) CARRIED - SEE RESOLUTION.

 

 

 

MM28/17  Mayoral Minute - La Perouse Museum and Headland Trust - Replacement Delegate (F2013/00576)

171/17

RESOLUTION: (Mayor, Cr L Shurey) that Council nominates Councillor Hamilton to replace Councillor D’Souza on the La Perouse Museum and Headland Trust.

 

MOTION: (Mayor, Cr L Shurey) CARRIED - SEE RESOLUTION.

 

 

 

MM29/17  Mayoral Minute - Establishment of Cycleway and Bike Facilities Advisory Committee  (F2005/00158)

172/17

RESOLUTION: (Mayor, Cr L Shurey) that a Cycleway and Bike Facilities Advisory Committee be established, consisting of Councillors Matson, Neilson and Veitch and representatives of BikeEast with the following terms of reference:

 

1.   report to the Works Committee;

 

2.   enhance consultation between Council and the bike riding community;

 

3.   advance implementation of the planned and funded cycle ways in the Randwick local government area;

 

4.   review and provide advice on proposed Council bike related capital works projects;

 

5.   participate in the yearly draft budget process by recommending appropriate bike related projects;

 

6.   be consulted by Council on cycle way and bike facility issues involving significant planning proposals and Development applications before Council;

 

7.   regularly review and propose updating of the Randwick Council bike plan; and

 

8.   help advance a Regional Cycle Strategy with neighbouring Councils.

 

MOTION: (Mayor, Cr L Shurey) CARRIED - SEE RESOLUTION.

 

 

 

MM30/17  Mayoral Minute - Development of Randwick City Council's Digital Strategy (F2011/00415)

173/17

RESOLUTION: (Mayor, Cr L Shurey) that Council commences development of a comprehensive, customer-focused, Digital Strategy.

 

MOTION: (Mayor, Cr L Shurey) CARRIED - SEE RESOLUTION.

 

Urgent Business

 

Nil.

 

Director City Planning Reports

 

 

CP43/17   Director City Planning Report - 28 Greville St, Clovelly (DA/124/2017) (Deferred) (DA/124/2017)

174/17

RESOLUTION: (Neilson/Andrews) 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.

 

MOTION: (Neilson/Andrews) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP44/17   Director City Planning Report - 23 & 23S Gilderthorpe Avenue, Randwick (DA/769/2016) (Deferred) (DA/769/2016)

175/17

RESOLUTION: (Matson/Veitch)

 

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 day’s 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

 

MOTION: (Matson/Veitch) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP45/17   Director City Planning Report - 184-192 Marine Parade, Maroubra (DA/153/2017) (DA/153/2017)

176/17

RESOLUTION: (Andrews/Da Rocha)

 

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.

 

MOTION: (Matson/Veitch) that this application be refused as it is not in the public interest, the suitability of the site does not give itself to an intensification of the use of this site, the use of the lane is unsuitable and due to the negative environmental and ecological impact of the development as it is in a beachfront area. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Matson

Councillor Andrews

Councillor Seng

Councillor Bowen

Councillor Shurey

Councillor Da Rocha

Councillor Veitch

Councillor D'Souza

 

Councillor Hamilton

 

Councillor Luxford

 

Councillor Neilson

 

Councillor Parker

 

Councillor Said

 

Councillor Stavrinos

 

 

Total (4)

Total (10)

 

AMENDMENT: (Hamilton/Stavrinos) that this application be deferred for mediation between the applicant and objectors to discuss the minimisation of the impact on the neighbours of the use of the premises. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor D'Souza

Councillor Da Rocha

Councillor Hamilton

Councillor Luxford

Councillor Neilson

Councillor Matson

Councillor Seng

Councillor Parker

Councillor Stavrinos

Councillor Said

 

Councillor Shurey

 

Councillor Veitch

 

 

Total (6)

Total (8)

 

MOTION: (Andrews/Da Rocha) CARRIED - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Matson

Councillor Bowen

Councillor Seng

Councillor Da Rocha

Councillor Shurey

Councillor D'Souza

Councillor Veitch

Councillor Hamilton

 

Councillor Luxford

 

Councillor Neilson

 

Councillor Parker

 

Councillor Said

 

Councillor Stavrinos

 

 

 

Total (10)

Total (4)

 

AMENDMENT: (Matson/Veitch) that the recommendation in the business paper be adopted, subject to only the southern opening being permitted. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Matson

Councillor Andrews

Councillor Shurey

Councillor Bowen

Councillor Veitch

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Hamilton

 

Councillor Luxford

 

Councillor Neilson

 

Councillor Parker

 

Councillor Said

 

Councillor Seng

 

Councillor Stavrinos

 

 

Total (3)

Total (11)

 

 

 

CP46/17   Director City Planning Report - 216 Fitzgerald Avenue, Maroubra (DA/396/2017) (DA/396/2017)

 

 

 

177/17

Note: Having previously declared an interest, Cr Andrews left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Bowen/Matson) 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.

 

MOTION: (Bowen/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 


 

 

CP47/17   Director City Planning Report - 48 Torrington Road, Maroubra (DA/931/2014/A) (DA/931/2014/A)

178/17

RESOLUTION: (Andrews/Matson) 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

 

MOTION: (Andrews/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP48/17   Director City Planning Report - 36A Boyce Road, Maroubra (DA/763/2016/A) (DA/763/2016/A)

179/17

RESOLUTION: (Andrews/Matson) 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

 

 

 

MOTION: (Andrews/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP49/17   Director City Planning Report - 14 Undine Street, Maroubra (DA/924/2016) (DA/924/2016)

180/17

RESOLUTION: (Seng/Andrews) 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.

 

MOTION: (Seng/Andrews) CARRIED -SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Matson

Councillor Bowen

Councillor Neilson

Councillor Da Rocha

Councillor Shurey

Councillor D'Souza

Councillor Veitch

Councillor Hamilton

 

Councillor Luxford

 

Councillor Parker

 

Councillor Said

 

Councillor Seng

 

Councillor Stavrinos

 

 

 

Total (10)

Total (4)

 

AMENDMENT: (Matson/Neilson) that this matter be deferred to allow for the consideration of the objector’s architect proposal to change the design to enhance the view corridor currently enjoyed by the objectors. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Matson

Councillor Andrews

Councillor Neilson

Councillor Bowen

Councillor Shurey

Councillor Da Rocha

Councillor Veitch

Councillor D'Souza

 

Councillor Hamilton

 

Councillor Luxford

 

Councillor Parker

 

Councillor Said

 

Councillor Seng

 

Councillor Stavrinos

 

 

Total (4)

Total (10)

 

 

 

CP50/17   Director City Planning Report - 207 Doncaster Avenue, Kensington (DA/92/2017) (DA/92/2017)

181/17

RESOLUTION: (Stavrinos/Bowen) that Council, as the consent authority, refuses development consent under Sections 80 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, for the following reasons:

 

1.         The proposal does not satisfy Clause 30A of the SEPP (Affordable Rental Housing) 2009 as it is incompatible with the character of the local area.

 

2.         The proposed building is excessive in bulk & scale.

 

3.         The proposal will adversely affect the amenity of adjoining and neighbouring properties in terms of noise and visual privacy.

 

4.         The proposed communal open space area is indicative of an overdevelopment of the site given the number of residents that would be required to utilise this space.

 

5.         The proposed development is not in the public interest as it would set an undesirable precedent for inappropriately sized and scaled boarding house development in the locality.

 

MOTION: (Stavrinos/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP51/17   Director City Planning Report - 26 Burbong Street, Kingsford (DA/420/2017) (DA/420/2017)

182/17

RESOLUTION: (Andrews/Matson) 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.

 

MOTION: (Andrews/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP52/17   Director City Planning Report - 26 Eastbourne Avenue, Clovelly (DA/286/2016/A) (DA/286/2016/A)

183/17

RESOLUTION: (Andrews/Matson) that Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. DA/286/2016 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 at 26 Eastbourne Avenue, Clovelly, subject to the following conditions:

 

1)      Modify Condition 1 to read as follows:

 

Plan description

Plan reference

Drawn by

Dated

Garage floor plan

DA2000 B

JPRA

31 May 2016

Lower ground floor plan

DA2001 B

JPRA

31 May 2016

Ground floor plan

DA2002 B

JPRA

31 May 2016

First floor plan

DA2003 B

JPRA

31 May 2016

Roof plan

DA2004 B

JPRA

31 May 2016

Section A

DA2300 B

JPRA

31 May 2016

Section B

DA2302 B

JPRA

31 May 2016

Elevation east

DA2401 B

JPRA

31 May 2016

Elevation south

DA2402 B

JPRA

31 May 2016

Elevation west

DA2403 B

JPRA

31 May 2016

 

BASIX Certificate No.

Dated

722349S

5 May 2016

 

Except as amended by the Section 96 ‘A’ plans listed below and endorsed with Council’s approved stamp:

 

Plan

Drawn by

Dated

DA2000 B

JPR Architects Pty Ltd

15/09/2016

DA2001 C

JPR Architects Pty Ltd

12/04/2017

DA2002 C

JPR Architects Pty Ltd

12/04/2017

DA2003 C

JPR Architects Pty Ltd

12/04/2017

DA2004 C

JPR Architects Pty Ltd

12/04/2017

DA2010 C

JPR Architects Pty Ltd

12/04/2017

DA2300 C

JPR Architects Pty Ltd

12/04/2017

DA2302 C

JPR Architects Pty Ltd

12/04/2017

DA2400 C

JPR Architects Pty Ltd

12/04/2017

DA2401 C

JPR Architects Pty Ltd

12/04/2017

DA2402 C

JPR Architects Pty Ltd

12/04/2017

DA2403 C

JPR Architects Pty Ltd

12/04/2017

DA2304 D

JPR Architects Pty Ltd

12/09/2017

 

Conditions 2 (a) shall be deleted.

 

Condition 2 (b) shall be inclued to read as follows:

The proposed landscaping shall be in general accordance with the following Landscape Plan:

 

·      Sect 96 Landscape Plan by Secret Gardens – Plan No LD-01, Rev B, Dated 07.04.17

 

MOTION: (Andrews/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP53/17   Director City Planning Report - 2 Nolan Avenue, Clovelly (DA/652/2016) (DA/652/2016)

184/17

RESOLUTION: (Stavrinos/Andrews) 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/652/2016 for ground and first floor alterations and additions to the existing dwelling at 2 Nolan Avenue, Clovelly, 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

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

 

a.     The overall building height of the rear addition shall be reduced by 300mm.

 

b.     A privacy screen having a height of 1.6 m above floor level must be provided to western ends of the ‘L’ shaped deck.  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

c.     The following window openings on the western elevation 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:

 

·      Living & dining room windows on the ground floor – W1, W2 and W3.

·      Bedroom windows on the first floor level – W6, W7 and W8.

 

d.     The proposed rear balconies on the first floor level shall be reduced to maximum depth of 300mm to be Juliet balconies.

 

e.     A brief archival recording of the areas of the building affected by the proposed works shall be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the NSW Heritage Office 2006 Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture.  Two copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library. 

 

f.     The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.  Details of the proposed colours, materials and textures (i.e. - a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

g.     Details of the proposed paint scheme are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, e.g. - brickwork/stonework are to remain unpainted, and no applied finishes are to be used.

 

h.     Support for the front wall of the proposed addition is to be carefully designed to ensure that the structural intervention within the existing cottage does not form an intrusive new element.  The structural support should not penetrate the external sandstone side walls.  Detailed drawings of the structural support for the front wall of the proposed addition shall be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

i.      The intersection of the retained rear hip roof plane of the cottage with the front wall of the proposed addition which will require extensive flashing or a box gutter to avoid water penetration.  It may be necessary to extend the existing cottage ridge and slightly increase the height of the wall of the proposed addition in line with the ridge to allow for adequate flashing.  This alteration should not significantly increase the height of the addition.  Detailed drawings of the intersection between the existing roof and the proposed addition shall be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

MOTION: (Stavrinos/Andrews) CARRIED - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Veitch

Councillor Bowen

 

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Hamilton

 

Councillor Luxford

 

Councillor Matson

 

Councillor Neilson

 

Councillor Parker

 

Councillor Said

 

Councillor Seng

 

Councillor Shurey

 

Councillor Stavrinos

 

 

 

Total (13)

Total (1)

 

AMENDMENT: (Matson/Veitch) that condition 2c be amended to insist that the window openings on the western elevation must have a minimum sill height of 1.6m above floor level. LOST.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Matson

Councillor Da Rocha

Councillor Neilson

Councillor D'Souza

Councillor Shurey

Councillor Hamilton

Councillor Veitch

Councillor Luxford

 

Councillor Parker

 

Councillor Said

 

Councillor Seng

 

Councillor Stavrinos

 

 

Total (5)

Total (9)

 

 

 

CP54/17   Director City Planning Report - 68 Dudley Street, Coogee (DA/223/2017) (DA/223/2017)

185/17

RESOLUTION: (Andrews/Stavrinos)

 

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

 

B.        That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/223/2017 for alterations and additions to existing residential flat building including 2 double garages fronting street with terraces above, first floor balconies to front and second floor addition to apartment 2 with front and rear terraces (variation to floor space ratio control).for at 68 Dudley Street, Coogee, subject to the schedule of conditions outlined in this report:

 

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

DA02 Garage Floor Plan Issue B

Bensen Partners

August 2017

DA03 Ground Floor Plan Issue B

Bensen Partners

August 2017

DA04 First Floor Plan Issue B

Bensen Partners

August 2017

DA05 Roof Level Floor Plan Issue B

Bensen Partners

August 2017

DA06 Roof Plan Issue B

Bensen Partners

August 2017

DA07 North Elevation Issue B

Bensen Partners

August 2017

DA08 South + East Elevation Issue B

Bensen Partners

August 2017

DA09 West Elevation + Section BB Issue B

Bensen Partners

August 2017

DA10 Section AA Issue B

Bensen Partners

August 2017

DA12 Landscape Plans Issue B

Bensen Partners

August 2017

DA16 Concept Drainage Plan Sheet 1 Issue B

Bensen Partners

August 2017

DA17 Concept Drainage Plan Sheet 2 Issue B

Bensen Partners

August 2017

DA18 Materials and Finishes Issue B

Bensen Partners

August 2017

 

BASIX Certificate

Prepared By

Dated

A272105_02

Ecocorp Consulting Pty Ltd

1 August 2017

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

a.  The new front balconies for Apartment 2 and 4 at first floor shall be reduced to a maximum depth of 2 m from the existing building alignment. The balustrade shall consist of frameless glass on all sides. No privacy screening shall be permitted at the sides of the balconies or between the balconies.

b.  The privacy screens adjoining Apartments 1 and 3 shown on the ground floor plan shall be deleted.

 

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 an Accredited Certifier or Randwick City Council.  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 surface finishes to the development must be consistent with the relevant plans, documentation and colour schedules provided with the development application.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,428,872 the following applicable monetary levy must be paid to Council: $14,288.72.

 

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

6.       A development compliance and enforcement fee of $1,428.80 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

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

 

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

 

Security Deposit

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

 

·           $4000.00    -      Damage / Civil Works Security Deposit

 

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

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

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

 

Design Alignment levels

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

 

·      Eastern Garage -   Eastern Edge RL 54.50 AHD

Western Edge RL 54.75 AHD

 

·      Western Garage - Eastern Edge RL 54.85 AHD

Western Edge RL 55.00 AHD

 

Refer to Survey Plan by Eric Scerri & Assoc P/L dated 15th Aug 2016 for Levels (AHD) Reference Mark

 

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

 

10.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $171.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Garage Door Opening Width

11.     Plans submitted for the Construction Certificate are to show the garage door openings with a minimum width opening of 4.70m each. The Certifying Authority is to ensure compliance with this requirement.

 

Driveway Design

12.     Plans submitted for the Construction Certificate are to show any proposed internal grades of the garage slab, whilst meeting Council’s issued alignment levels. Details of compliance are to be included in the construction certificate documentation.

 

Note:  The internal grades of the garage slab are not to exceed a grade of 1:10 (10%)

 

Power Pole Relocation

13.     Plans submitted for the Construction Certificate are to show the existing Power Pole, which is located adjacent to the eastern vehicular crossing, being relocated to the requirements of Ausgrid. Details of compliance are to be included in the construction certificate documentation.

 

Stormwater Drainage

14.     Surface water from building work and structures must satisfy the following requirements (as applicable), 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 is to be drained and discharged to the kerb and gutter in front of the subject site by gravity.

 

Sydney Water

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

                     

The approved plans must be submitted to 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 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/tapin

 

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 & Relevant Standards

16.     In accordance with section 80A (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).

 

17.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority. 

 

BASIX Requirements

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

 

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

 

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

 

Site stability, Excavation and Construction work

19.     A report must be obtained from a suitably qualified and experienced professional engineer, 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.

 

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’, 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.

 

Public Utilities

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

 

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

 

Power Pole Relocation

22.     The applicant/owner is to meet all costs associated with relocating the existing Power Pole located on Council’s naturestrip adjacent to the eastern vehicular crossing so as to provide satisfactory vehicular access to/from the eastern most car space and to also satisfy any Ausgrid requirements for vehicular crossings being offset from Power Poles

 

The applicant/owner is to make contact as early as possible with Ausgrid regarding the costing and timing of the power pole being relocated.

 

Street Tree Management

23.     The applicant must submit a payment of $107.25 to cover the following costs:

 

a.  Being the cost for Council to supply, plant and maintain 1 x 25 litre street tree at the completion of all works ($97.50 + GST)

 

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

 

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

 

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

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

c)     a principal contractor must be appointed for the building work and the requirements of the Home Building Act 1989 must be satisfied 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.

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

26.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

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

 

Construction Site Management Plan

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

 

·           location and construction of protective site fencing / hoardings;

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           details of proposed sediment and erosion control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           location and size of waste containers/bulk bins;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details;

·           provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

·           Details of re-use, recycling and disposal of waste 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 Noise & Vibration Management Plan

29.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Environment Protection Authority (EPA) Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction, in accordance with the following requirements:

 

a)     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. 

 

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.

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current EPA Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

d)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

Public Liability

30.     The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to the Principal Certifying Authority and Council.

 

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.

 

Road / Asset Opening Permit

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

 

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

 

For further information, please contact Council’s Road / Asset Opening Officer on 9093 6691 or 1300 722 542.

 

Inspections during Construction

32.     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.

 

Building & Demolition Work Requirements

33.     The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of SafeWork NSW and the NSW Environment Protection Authority (EPA), including:

 

•    Work Health and Safety Act 2011;

•    Work Health and Safety Regulation 2011;

•    SafeWork NSW Code of Practice for the Safe Removal of Asbestos;

•    Australian Standard 2601 (2001) – Demolition of Structures;

•    The Protection of the Environment Operations Act 1997;

•    Randwick City Council Asbestos Policy (adopted 13 September 2005).

 

A copy of Council’s Asbestos Policy is available on Council’s web site or a copy can be obtained from Council’s Customer Service Centre.

 

Removal of Asbestos Materials

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

 

·           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 assessor or competent person), 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.

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

36.     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.

 

Sediment & Erosion Control

37.     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 must be included in the Construction Site Management Plan and a copy must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Dust Control

38.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:

·       Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·       Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·       Installation of a water sprinkling system or provision hoses or the like.

·       Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·       Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·       Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

39.     Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:

 

a)     Temporary site fences or hoardings must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

b)     Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.

 

c)     All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

d)     An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:

 

·       materials are to be hoisted (i.e. via a crane or hoist) over a public footway;

·       building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;

·       it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;

·       as may otherwise be required by WorkCover, Council or the PCA.

 

Notes:

·       Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.

 

·       If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.

 

Public Safety & Site Management

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

 

a)     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.

 

b)     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.

 

c)     All building and site activities (including storage or placement of materials or waste and concrete mixing/pouring/pumping activities) must not cause or be likely to cause ‘pollution’ of any waters, including any stormwater drainage systems, street gutters or roadways.

 

Note:  It is an offence under the Protection of the Environment Operations Act 1997 to cause or be likely to cause ‘pollution of waters’, which may result in significant penalties and fines.

 

d)     Access gates and doorways within site fencing, hoardings and temporary site buildings or amenities must not open outwards into the road or footway.

 

e)     Bulk bins/waste containers 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.

 

f)      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.

 

Site Signage

41.     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

42.     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 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - 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.

 

Survey Requirements

43.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of footings and boundary retaining structures,

·           prior to construction (pouring of concrete) of each floor slab,

·           upon completion of the building, prior to issuing an Occupation Certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

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

 

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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

 

a.       Construct new concrete vehicular crossings and laybacks at kerb opposite the new garage entrances at the subject site, to Council’s specifications and requirements.

 

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

 

46.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

47.     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  "Crossings and Entrances – Contributions Policy” and “Residents’ Requests for Special Verge Crossings Policy” and the following requirements:

 

a)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Civil Works Application Form.  Council will respond, typically within 4 weeks, with a letter of approval outlining conditions for working on Council land, associated fees and workmanship bonds.  Council will also provide details of the approved works including specifications and construction details.

 

b)     Works on Council land, must not commence until the written letter of approval has been obtained from Council and heavy construction works within the property are complete. The work must be carried out in accordance with the conditions of development consent, Council’s conditions for working on Council land, design details and payment of the fees and bonds outlined in the letter of approval.

 

c)     The civil works must be completed in accordance with the above, prior to the issuing of an occupation certificate for the development, or as otherwise approved by Council in writing.

 

Undergrounding of Power

48.     At no cost to Council, the existing overhead power feed between the nearest mains distribution pole in Dudley Street and the development site shall be relocated to an underground (UGOH) connection. All work shall be to the requirements and satisfaction of Ausgrid.

 

Occupation Certificate Requirements

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

 

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

 

Fire Safety Certificates

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

 

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

 

Structural Certification

51.     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 with the Occupation Certificate.

 

Sydney Water Certification

52.     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 Subdivision Certificate, whichever the sooner.

 

BASIX Requirements & Certification

53.     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 any relevant BASIX commitments and requirements have been satisfied.

 

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

 

Noise Control Requirements & Certification

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

 

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

 

55.     A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environment Protection Authority (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

       

REQUIREMENTS PRIOR TO THE ISSUING OF AN AMENDED STRATA CERTIFICATE

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

 

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

 

56.     All facilities required under development consent, DA/223/2017, (such as parking spaces, terraces and courtyards) must be provided in accordance with the relevant requirements for the amended Strata Plan.

 

57.     A formal application for a strata certificate is required to be submitted to and approved by the Council or an accredited certifier and all conditions of this development consent are required to be satisfied prior to the release of any amended strata subdivision plans.

 

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 parking spaces

58.     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. 

 

Use of the second floor (roof) level

59.     The second floor addition (roof level) shall be used in conjunction with apartment 2 below and not be adapted as a self-contained apartment. In that regard no changes are permitted to the internal layout or design in terms of the provision of a kitchen (or kitchenette) including a sink or other facilities such as a laundry that would enable its use as a separate domicile.

 

Fire Safety Statements

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

 

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

 

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

 

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

 

Environmental Amenity

61.     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.

 

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

 

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

 

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

 

A2      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.

 

A3      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.

 

A4      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 $6,000) 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.

 

A5      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.

 

A6      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.

 

A7      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A8      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A9      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.

 

A10     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.

 

A11     This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A12     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 any adjoining land.

 

Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A13     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.

 

A14     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A15     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A16     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.

 

MOTION: (Andrews/Stavrinos) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP55/17   Director City Planning Report - 343 Rainbow Street, South Coogee (DA/891/2016) (DA/891/2016)

186/17

RESOLUTION: (Matson/Veitch) that this application be deferred for mediation between the applicant and objectors, request the applicant to erect height poles and consider amended plans specifically addressing a change in the mansard roof level and the proposed structures in the front section of the property.

 

MOTION: (Matson/Veitch) CARRIED - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Hamilton

Councillor Bowen

Councillor Stavrinos

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Luxford

 

Councillor Matson

 

Councillor Neilson

 

Councillor Parker

 

Councillor Said

 

Councillor Seng

 

Councillor Shurey

 

Councillor Veitch

 

 

 

Total (12)

Total (2)

 

 

 

CP56/17   Director City Planning Report - 67 Darley Road, Randwick (DA/72/2017) (DA/72/2017)

187/17

RESOLUTION: (Neilson/Hamilton) 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/72/2017 for demolition of all structures on site and construction of a new two storey dwelling house, rear in ground swimming pool, boundary fence, detached two storey outbuilding with double garage and secondary dwelling above fronting Huddart Lane, associated site and landscaping works at 67 Darley Road, Randwick, 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.   To ensure privacy levels are maintained one of the following alternative privacy measures shall be implemented to north facing bedroom window (W39) of the upper level secondary dwelling: 

 

•    The window opening shall have a minimum sill height of 1.6m above floor level; or alternatively,

•    The window opening shall be fixed and be provided with translucent, obscured, frosted or sandblasted glazing to a minimum sill height of 1.6m above floor level; or alternatively,

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

 

b.     The roof terrace garden off bedroom 3 on the north eastern elevation shall be limited to 1m in depth for trafficable use and the remaining portion of the roof terrace garden area shall be non-trafficable.  A privacy screen having a height of 1.6m (measured above the finished floor level) shall be provided to the north eastern side and run the full length of the roof terrace garden.

 

        The privacy screen must be constructed with either:

 

                         i.        Translucent or obscured glazing;

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

                       iii.        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.   In order to retain the common side boundary fence between the subject and neighbouring property at no. 65 Darley Road, the outbuilding to the rear of the property shall be reduced in size to allow for a setback of 150mm on the south western side boundary.

 

d.   The First Floor window that faces Huddart Lane (for the living space in the secondary dwelling) is to be reduced in size by 1150mm to reduce the impact of overlooking into 43 Govett St and have frosted /obscure glass treatment to a height of at least 1700mm above finished floor level. Details to be submitted to Council’s Manager Development Assessment for approval prior to the issuing of a construction certificate.

 

MOTION: (Neilson/Hamilton) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP57/17   Director City Planning Report - 493 Bunnerong Road, Matraville (DA/948/2016) (DA/948/2016)

188/17

RESOLUTION: (Andrews/Matson)

 

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

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/948/2016 for Demolition of all structures on site and construction of a part 4 part 6 storey mixed use development comprising 3 ground floor commercial shops, 14 residential dwellings and 3 levels of basement parking for 35 vehicles (variation to building height control) at No. 493 Bunnerong Road, Matraville , 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

 

Amended Plans & Documentation

2a.     Car parking spaces R4, S3, R8, R10, R19 & R21 shall be deleted and the basement walls reduced in size at this location so that a deep soil area is provided on the site. A suitable species of tree achieving ten (10) metres in height shall be provided in this location. Details to be provided to Council’s Manager Development Assessment for approval prior to the issuing of a construction certificate.

 

External Colours, Materials & Finishes

3.       Details of the proposed colours, materials and textures i.e. a schedule and brochure/s or sample board and detailed sections at a 1:50 scale of the façade must be provided to Council’s Manager Development Assessment for approval prior to the issuing of a construction certificate. The certifier must ensure that the design and material quality of the building is constructed in accordance with details approved pursuant to this condition.

 

MOTION: (Andrews/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP58/17   Director City Planning Report - 20 Howell Avenue, Matraville (DA/210/2016/B) (DA/210/2016/B)

189/17

RESOLUTION: (Da Rocha/D'Souza) that Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. DA/210/2016 by increasing the width of the garage door openings at No. 20 Howell Avenue, Matraville subject to the following conditions:

 

(A)      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 and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

AD-JF-01

JY

05.07.16

AD-JF-02

JY

05.07.16

AD-JF-03

JY

05.07.16

AD-JF-04

JY

05.07.16

AD-JF-05

JY

05.07.16

AD-JF-06

JY

05.07.16

AD-JF-07

JY

05.07.16

 

BASIX Certificate No.

Dated

654488M_02

23rd February 2016

 

Except as amended by the Section 96 ‘A’ plans shown below, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application:

 

Plan

Drawn by

Dated

Dwing. No. 1704-2

POD Building Design

15/05/2017

Dwing. No. 1704-3

POD Building Design

15/05/2017

Dwing. No. 1704-4

POD Building Design

15/05/2017

Dwing. No. 1704-5

POD Building Design

15/05/2017

Dwing. No. 1704-6

POD Building Design

15/05/2017

Dwing. No. 1704-7

POD Building Design

15/05/2017

 

BASIX Certificate No.

Dated

654488M_03

15th May 2017

 

Except as amended by the Section 96 ‘B’ plans shown below, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application:

Plan

Drawn by

Dated

Dwing. No. 1704-2 Amendment. B

POD Building Design

7/08/2017

Dwing. No. 1704-3Amendment. B

POD Building Design

7/08/2017

Dwing. No. 1704-4 Amendment. B

POD Building Design

7/08/2017

Dwing. No. 1704-5 Amendment. B

POD Building Design

7/08/2017

Dwing. No. 1704-6 Amendment. B

POD Building Design

7/08/2017

 

 

MOTION: (Da Rocha/D'Souza) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP59/17   Director City Planning Report - 29 Baird Avenue, Matraville (DA/142/2016/A) (DA/142/2016/A)

190/17

RESOLUTION: (Andrews/Matson) that Council's 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/142/2016/A for permission to Section 96 modification of the approved development by deleting the rear first floor balcony, internal reconfiguration and changes to window openings on elevations for 29 Baird Avenue, Matraville, in the following manner:

 

(A)      Amend Condition 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 and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Sheet 1 to Sheet 8

Moshonis Building Designer & Engineers

Feb 2016

 

BASIX Certificate No.

Dated

A243825

10 March 2016

 

Except as amended by the Section 96 ‘A’ plans shown below, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application:

 

Plan

Drawn by

Dated

Sheet 1 to Sheet 6

Moshonis Building Designer & Engineers

September, 2017

 

BASIX Certificate No.

Dated

A243825-03

10 March 2016

 

 

2.         Amendment of Plans & Documentation

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

 

a.  The pitched roof to the rear garage shall be replaced with a flat colorbond roof.

b.  The depth of the rear first floor balcony shall be reduced from 2,460mm to 300mm.

 

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

 

MOTION: (Andrews/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

CP60/17   Director City Planning Report - 166-168 Belmore Road, Randwick and 131 Barker Street, Randwick - Fire & Rescue NSW Referral (F2017/06103)

191/17

RESOLUTION: (Matson/Stavrinos) that:

 

1.     the letters from Fire & Rescue NSW relating to 166-168 Belmore Road, Randwick; and 131 Barker Street, Randwick be received and noted; and

 

2.     Fire & Rescue NSW be advised accordingly.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 


 

 

CP61/17   Director City Planning Report - Report Variation to Development Standard under SEPP1 and clause 4.6 - 27 July to 25 Sept 2017 (F2008/00122)

192/17

RESOLUTION: (Matson/Stavrinos) that the report be received and noted.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 

General Manager's Reports

 

 

GM17/17  General Manager's Report - 2016-17 Disclosure of Interests Returns (F2017/00361)

193/17

RESOLUTION: (Matson/Stavrinos) that it be noted that the Register of Disclosure of Interests Returns for 2016-17 has been tabled at the Ordinary Council Meeting of 10 October 2017.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 

Director City Services Reports

 

 

CS8/17      Director City Services Report - Sports Committee Meeting Minutes (F2005/00446)

194/17

RESOLUTION: (Matson/Stavrinos) that the minutes of the Sports Committee Meeting held on 16 August 2017 be received and noted.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 

Director Governance & Financial Services Reports

 

 

GF33/17   Director Governance & Financial Services Report - Monthly Financial Report as at 31 July 2017 (F2017/00404)

195/17

RESOLUTION: (Matson/Stavrinos) that the Administration and Finance Committee acknowledges that the Responsible Accounting Officer has advised that the projected financial position of Council is satisfactory.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

GF34/17   Director Governance & Financial Services Report - Investment Report - August 2017 (F2015/06527)

196/17

RESOLUTION: (Matson/Stavrinos) that the investment report for August 2017 be received and noted.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

GF35/17   Director Governance & Financial Services Report - 2016-17 Draft Financial Statements - Amended (F2016/00406)

197/17

RESOLUTION: (Andrews/Matson) that:

 

a)     in relation to the amended financial statements required in accordance with section 413(2)(c) of the Local Government Act 1993:

 

i)        Council resolves that in its opinion the General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules for the year ended 30 June 2017:

 

a.  have been properly drawn up in accordance with the provisions of the Local Government Act 1993 and the Regulations there under, the Australian Accounting Standards and professional pronouncements, and the Local Government Code of Accounting Practice and Financial Reporting;

b.  to the best of the Council’s knowledge and belief the statements present fairly the Council’s operating result and financial position for the year and accords with the Council’s accounting and other records; and

c.  the Council is unaware of any matter that would render the financial statements false or misleading in anyway.

 

ii)       The Statement by Councillors and Management for both the General Purpose Financial Statements and Special Purpose Financial Statements be signed by the Mayor, the Deputy Mayor, the General Manager and the Responsible Accounting Officer.

 

b)     the amended financial statements be referred to the Council’s Auditor for audit.

 

c)     arrangements be made to place copies of the audited financial statements on public exhibition and the necessary advertisements be published.

 

d)     a copy of the audited financial statements be forwarded to the NSW Office of Local Government.

 

e)     the audited financial statements be presented at a meeting of Council to be held in accordance with Section 418 of the Local Government Act 1993.

 

MOTION: (Andrews/Matson) CARRIED - SEE RESOLUTION.

 

 

 

GF36/17   Director Governance & Financial Services Report - Affixing of the Council Seal (F2017/07367)

198/17

RESOLUTION: (Matson/Stavrinos) that the Council’s Seal be affixed to the lease between Randwick City Council and South Sydney Junior Rugby League Club Ltd in relation to the lease for the airspace at 558A-580 Anzac Parade, Kingsford commencing 16 June 2017 for a period of 10 years.

 

MOTION: (Matson/Stavrinos) CARRIED - SEE RESOLUTION.

 

Petitions

 

Nil.

 

Motion Pursuant to Notice

 

 

NM57/17  Motion Pursuant to Notice - Notice of Motion from Cr Da Rocha - Footpath Works (F2009/00262)

199/17

RESOLUTION: (Da Rocha/D'Souza) that council brings forward a report on the streets in the City of Randwick that do not have a footpath on both sides and the cost to undertake these footpath works.

 

MOTION: (Da Rocha/D'Souza) CARRIED - SEE RESOLUTION.

 

 

 

NM58/17  Motion Pursuant to Notice - Notice of Motion from Cr Hamilton - Boat and Trailer Parking  (F2004/06847)

200/17

RESOLUTION: (Hamilton/Neilson) that Council:

 

a)     provide a status of resolution for Motion pursuant to Notice No. NM60/16.

 

b)     investigate residents' concern with a boat parked on Darley Road that may contain accelerants and fuel and report action to be taken, if said fire safety concerns are verified; and

 

c)     investigate and report back options to curb the boat and trailer parking problems facing many residents in the Randwick City Council area.

 

MOTION: (Hamilton/Neilson) CARRIED - SEE RESOLUTION.

 

 

 

NM59/17  Motion Pursuant to Notice - Notice of Motion from Cr Stavrinos - Reddy Go & OBike Rentals (F2016/00303)

201/17

RESOLUTION: (Stavrinos/Andrews) that Council:

 

a)     hold a meeting with the private rental bike operators "Reddy Go" and "Obike" to devise a memorandum of understanding, so that rental bikes in Randwick City are parked in designated bike racks in our town centres;

 

b)     as part of this memorandum of understanding, also request that any costs associated with   these bike racks and other fees payable be paid by the private operators; and

 

c)     consider imposing financial penalties on bicycles that aren't parked correctly back at designated bike racks.

 

MOTION: (Stavrinos/Andrews) CARRIED - SEE RESOLUTION.

 

 

 

NM60/17  Motion Pursuant to Notice - Notice of Motion from Cr Stavrinos - Parking - Kensington Scout Association  (LA/1436/2008)

202/17

RESOLUTION: (Stavrinos/Andrews) that Council:

 

a)     note the parking difficulties encountered by the Kensington Scout Association (Not For Profit Group) when loading and unloading equipment at the Kensington Scout Hall.

 

b)     bring back a report investigating the costings associated with providing and approving a concrete driveway and hard stand carport for the Kensington Scout Association so that loading and unloading equipment can be made safely and conveniently.

 

MOTION: (Stavrinos/Andrews) CARRIED - SEE RESOLUTION.

 

 

 

NM61/17  Motion Pursuant to Notice - Notice of Motion from Cr Said - Beach Safety Video (F2004/07113)

203/17

RESOLUTION: (Said/Parker) that:

 

a)     the use of Council resources be approved to produce a Beach Safety video due to the fact that there were four times as many drowning deaths during the 2016-17 acute drowning period than the 10 year average for the same period;

 

b)     Council’s Communications and Lifeguard staff be authorised to produce an Educational Web-video instructing of the dangers of the surf and that this video explain the meaning of the flags, how to read the surf (rips, sandbanks) etc;

 

c)     the video be promoted to our local schools and also translated into different languages and promoted on tourism websites; and

 

d)        a report be brought back to Council if any budget allocation is required in order to produce or promote the web-video.

 

MOTION: (Said/Parker) CARRIED - SEE RESOLUTION.

 

 

Confidential Reports

 

The meeting moved into closed session in order to consider confidential items.

 

 

GF37/17   Confidential - SSROC Tender for Supply and Management of Temporary Staff - Tender Number T2017-03  (F2017/00190)

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.

204/17

RESOLUTION: (Hamilton/Andrews) that:

 

a)     under Regulation 178(1)(a) of the Local Government (General) Regulation 2005;

 

        Challenge Recruitment Ltd;

        Hunternet (LabourCo Ltd);

        Allstaff Australia;

        Drake Australia Pty Ltd;

        RNTT Pty Ltd T/A Excel Recruitment;

        McArthur Management Pty Ltd;

        Adecco Group;

        Logo Management Pty Ltd;

        Pulse staffing Australia Pty Ltd;

        Hoban Recruitment;

        Hays Executive;

        Cox Purtell Staffing Services;

        Randstad Pty Ltd;

        Recruitment Edge; and

        Inspired Management Pty Ltd;

 

be accepted as the successful tenderers for the Supply and Management of Temporary Staff; and

 

b)     under Section 377(1) of the Local Government Act 1993 and delegation RT013, the General Manager is authorised to enter into preferred supplier agreements for a period of three (3) years, with two (2) optional one (1) year extensions.

 

MOTION: (Hamilton/Andrews) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

Open Session

 

The meeting moved back into open session.

 

Notice of Rescission Motions

 

A Rescission Motion in relation to Item MM26/17 (Mayoral Minute - Australian Marriage Law Postal Survey - Further Consideration) was submitted by Councillors Andrews, Hamilton and Stavrinos in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council Meeting to be held on 24 October 2017.

 

There being no further business, Her Worship the Mayor, Cr L Shurey, declared the meeting closed at 10.15pm.

 

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Council of the City of Randwick held on Tuesday, 24 October 2017.

 

 

 

 

 

 

...................................................

CHAIRPERSON