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Randwick Development Assessment Panel Meeting

 

  BUSINESS PAPER

 

 

 

Thursday 10 May 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Randwick Development Assessment Panel Meeting

 

Notice is hereby given that a Randwick Development Assessment Panel Meeting of the Council of the City of Randwick will be held in the Council Chamber, 1st Floor, 90 Avoca St, Randwick on Thursday, 10 May 2018 at 10:00am

 

 

Chairperson:                              Annelise Tuor

 

Expert Members:                         Sandra Robinson; Heather Warton

 

Community Representatives:          Brenton Thomas (East Ward)

 

Quorum:                                   Three (3) members

Declarations of Pecuniary and Non-Pecuniary Interests

Address of RDAP by Councillors and members of the public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded.

Development Application Report

D10/18      149-155 Malabar Road, South Cogee (DA/502/2017) (Deferred).................. 1

Miscellaneous Reports

Nil.     

 

 

 

 

 

…………………………………………………….

Kerry Kyriacou

Acting Director City Planning


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Development Application Report No. D10/18

 

Subject:             149-155 Malabar Road, South Cogee (DA/502/2017) (Deferred)

Folder No:                   DA/502/2017

Author:                   Frank Ko, Coordinator Fast Track     

 

Proposal:                    Demolition of existing structures, construction of part 3, part 4 storey residential flat building containing 16 dwellings, basement parking for 22 cars, landscaping and associated works (variation to building height control).

Ward:                     East Ward

Applicant:                Mr S Morrison

Owner:                        Janmar Units Pty Ltd

Summary

Recommendation:     Approval

 

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Introduction

 

The subject Development Application was considered at the Randwick Development Assessment Panel (RDAP) meeting on 22 March 2018. At the meeting, it was resolved:

 

“That the application be deferred to enable the applicant to either:

 

a)     Amend the development to reduce the FSR to comply with the standard; or

 

b)     Submit a request to vary the FSR development standard under Clause 4.6 of RLEP 2012.”

 

The reasons for the deferral were as follows:

 

“The Panel determined that part of the breezeway should be included in the gross floor area and, therefore, included in the FSR calculation. On this basis the proposal does not comply with the FSR standard in Clause 4.4 of RLEP 2012 and a request to vary standard under Clause 4.6 has not been submitted. The Panel, therefore, is unable to determine the application.

 

Determination of the application is, therefore, deferred for the applicant to provide further information on how the application can be amended to reduce the FSR to comply with the standard or submit a Clause 4.6 exception to development standards request.”

 

Issues

 

1)        Amended proposal

The applicant submitted the supporting documentation including amended architectural plans on 6 April 2018 in response to Panel’s resolution. In summary, the proposal has been amended by reducing the size of Units 204 and 301 to allow for the inclusion of the previously excluded breezeways in the gross floor area calculation.

 

The details of the proposed amendments are as follows:

 

-      Reduce the gross floor area of Unit 204 on Level 2 from 79.4sqm to 55.7sqm. The reduction also change Unit 204 from 2 bedroom unit to 1 bedroom unit.

 

-      Reduce the gross floor area of Unit 301 on Level 3 from 140.40sqm to 95.49sqm. The reduction also change Unit 301 from 4 bedroom unit to 3 bedroom unit and increased the front setback by up to 1,068mm.

 

The amended proposal result in changes to setbacks, dwelling mix and has a total gross floor area of 1,325.97sqm, which equates to a floor space ratio of 0.9:1. The overall height of the development remains unaltered.

The following figures show the comparison of the previous and current proposal for Units 204 and 301.

 

Previous proposal (Floor Plan for Unit 204)

 

 

 

 

Current proposal (Floor Plan for Unit 204)

 

 

Previous proposal (Floor Plan for Unit 301)

 

Current proposal (Floor Plan for Unit 301)

The proposed amendments represent an improvement over the previous proposal in terms of visual bulk. In particular, the front setback of Unit 301 on Level 3 is increased by up to 1,068mm, which reduces the visual bulk of the building when viewed from the street. Similarly, the size of Unit 204 on Level 2 is reduced and a large portion of the eastern wall of Unit 204 is replaced with vertical screen, which creates visual interest and also reduces the visual bulk when viewed from the neighbouring properties. The changes to the dwelling mix would only reduce the parking requirement by 0.1 space, which means the amended proposal is still short by 1 car space and the shortfall is supported by the same reasons as stated in the previous DA report as attached. 

 

Apart from the improved visual bulk, the amended proposal remains largely consistent with the original proposal and will not result in any additional impact upon the environmental amenity of the neighbouring residents and the character of the streetscape. 

 

2)        Loss of Affordable Housing

The subject application is required to be assessed against the relevant provisions under Part 3 of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP).

 

Part 3 of the SEPP addresses the retention of existing affordable rental housing and applies to low-rental residential building containing a low-rental dwelling. In this instance, a low-rental dwelling is categorised as a dwelling that was let at a rental (at any time in the 24 months period prior to the lodgement of a DA) not exceeding the medial rental level for that time (as specified in the Rent and Sales Report) in relation to a dwelling of the same type, having the same number of bedroom and located in the same local government area.

 

The relevant median rental levels in Randwick LGA are as follows:

 

1 bedroom unit = $500 per week

2 bedroom unit = $620 per week

 

The existing residential flat building at Nos. 149-151 Malabar Road contains 6 units and the composition and rental levels applicable to the building are as follows:

 

 

Based on the above information, it is noted that only Units 2 and 3 met the rental thresholds contained within the SEPP. The rental value for Unit 4 is above the threshold for 1 bedroom dwelling (i.e. $500) and Units 1, 5 and 6 are owner occupied and therefore not subject to the provisions under Part 3 of the SEPP. 

 

An assessment against the relevant provisions under Part 3 of the SEPP is provided below:

 

 

50   Reduction of availability of affordable housing

 (1)  A person must not do any of the following in relation to a building to which this Part applies except with development consent:

 

(a)    demolish the building,

(b)    alter or add to the structure or fabric of the inside or outside of the building,

(c)    change the use of the building to another use (including, in particular, a change of use to backpackers accommodation),

(d)    if the building is a residential flat building, strata subdivide the building.

 

Comment:

The proposal involves the demolition of an existing residential flat building (Nos. 149-151 Malabar Road) containing low-rental dwellings and is therefore affected by the provisions of this part.

 

(2)  In determining a development application referred to in subclause (1), the consent authority is to take into account the guidelines and each of the following:

 

(a)  whether there is likely to be a reduction in affordable housing on the land to which the application relates,

 

Comment:

Based on the information provided above, it is evident that there will be a reduction in the low-rental dwelling on the land by virtue of the removal of availability of Units 2 and 3, which are currently rented at levels less than the thresholds contained within the SEPP.

 

(b)  whether there is available sufficient comparable accommodation to satisfy the demand for such accommodation,

 

Comment:

Sufficient comparable accommodation is taken to be not available if the average vacancy rate in private rental accommodation for Sydney as published monthly by the Real Estate Institute of New South Wales is, for the 3 months immediately preceding the date of lodgement of the development application, less than 3%. The average vacancy rate in private rental accommodation for Sydney for the latest 3 months preceding the date of lodgement is 1.8%, which is below the 3% threshold.

 

(c)  whether the development is likely to cause adverse social and economic effects on the general community,

 

Comment:

The proposed development is likely to cause social and economic impacts on the community due to the sustained decline in the amount of low cost rental accommodation available to low and moderate income households in Randwick LGA. Whilst the proposed development would further contribute to this decline, it is considered a monetary contribution to offset this decline is a reasonable outcome.

 

(d)  whether adequate arrangements have been made to assist the residents (if any) of the building likely to be displaced to find alternative comparable accommodation,

 

Comment:

A tenancy profile has not been provided by the applicant and the applicant has indicated a willingness to pay a $1,000 displacement fee to tenants of Units 2 and 3. It is noted that the contributions payable to the national strategy will also be used to offset hardships experienced by those who are disadvantaged and as determined by the Department of Housing.

 

(e)  the extent to which the development contributes to any cumulative loss of affordable housing in the local government area,

 

Comment:

Trend data[1] on the availability of affordable rental accommodation indicates that there has been a continual loss of low rental accommodation within Randwick over time. For example, there has been a 47.2% reduction in affordable rental stock for low incomes from Jun 2011 to December 2015. The proposal, if approved, would reduce the proportion of low cost rental accommodation in the area. However it is considered that a monetary contribution is a means by which to partially mitigate this loss.

 

(f)  the structural soundness of the building, the extent to which the building complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements,

 

Comment:

Not applicable.

 

(g)  whether the imposition of a condition requiring the payment of a monetary contribution for the purposes of affordable housing would adequately mitigate the reduction of affordable housing resulting from the development,

 

Comment:

The DA will result in the loss of up to 4 bedrooms on the site and that the local low cost rental market is in a limited position to absorb this loss. A monetary contribution, as may be allowed under the SEPP, is considered to be appropriate in off-setting the loss of low cost housing.

 

The amount of the contribution has been calculated in accordance with formula contained in the SEPP:

 

C = L x R x 0.05

 

Where

C is the contribution payable

L is the total number of bedrooms in a low rental dwelling and boarding rooms that will be lost by the proposed development

R is the replacement cost calculated as the average value of the first quartile of sales of strata properties in the local government area in which the development is to take place, as specified in the 4 most recent editions of the rent and sales report.

 

C = 4 x $819,500 (average of sales from June 16 to March 17) x 0.05

 

C = $163,900

 

The above contribution amount is consistent with the applicant’s calculation. A suitable condition should be included requiring a total contribution of $163,900 to be made payable to Randwick City Council.

 

(h)  in the case of a boarding house, the financial viability of the continued use of the boarding house.

 

Comment:

Not applicable.

 

3)        Submissions

The DA report No. 1/18 for the RDAP meeting on 22 March 2018 stated that there were no additional submissions received after the re-notification period ended on 30 January 2018. A total of five additional submissions were received and the issues were addressed in the DA report, but there were no new issues raised. Further, all the submissions made to the application were provided to the Panel members.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to demolish all existing structures and construction of part 3, part 4 storey residential flat building containing 16 dwellings, basement parking for 22 cars, landscaping and associated works be approved (subject to conditions) for the reasons detailed in the attached Development Application Report.

 

Recommendation

 

A.     That the RDAP supports the exception to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.3 of Randwick Local Environmental Plan 2012, relating to 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 the RDAP grants development consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 502/2017 for demolition of existing structures on the site and construction of a part 3, part 4 storey, residential flat building containing 16 dwellings, basement parking for 22 cars, landscaping and associated works, at No. 149-155 Malabar Road, South Coogee, subject to the following development consent conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn/prepared by

Dated

DA00, Cover Sheet and Context Plan (Rev D)

Edifice Design

03.04.18

DA01, Site Analysis (Rev B)

Edifice Design

12.12.17

DA02, Basement Level (Rev B)

Edifice Design

12.12.17

DA03, Ground/Podium Level (Rev D)

Edifice Design

03.04.18

DA04, Level 1 (Rev D)

Edifice Design

03.04.18

DA05, Level 2 (Rev D)

Edifice Design

03.04.18

DA06, Level 3 (Rev D)

Edifice Design

03.04.18

DA07, Site and Roof Plan (Rev C)

Edifice Design

03.04.18

DA08, North and West Elevation (Rev D)

Edifice Design

03.04.18

DA09, East and South Elevation (Rev D)

Edifice Design

03.04.18

DA10, Section A-a Section B-B (Rev D)

Edifice Design

03.04.18

DA11 External Colours Materials and Finishes (Rev C)

Edifice Design

12.12.17

Landscape Plan –L01, L02 (Rev A)

Zenith

9.12.17

Drainage Plans Rev E Sheets STW001-502

LP Consulting Pty Ltd

6.12.17

 

BASIX Certificate

No.

Dated

 

842457M_02

14 December 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.  Planter boxes having a minimum width of 900mm and a minimum height of 600mm shall be installed along the entire outer perimeter of the roof terrace. The plans including associated landscaped plan shall be amended to reflect this detail and also include details of the proposed vegetation to be installed in the planter boxes.

 

Civil Works

3.       A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within Garie Place Lane.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing of any works within Garie Place Lane.

 

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

 

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

 

4.       A contribution of $163,900 is required for the purpose of mitigating the loss of low-rental accommodation proposed by the DA pursuant to Clause 51 of the State Environmental Planning Policy (Affordable Rental Housing) 2009. This amount is payable to Council in one complete payment prior to the construction certificate being issued.

 

5.       The current tenants in Unit 2 and 3 shall be:

 

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

 

ii)       Assisted to find alternative comparable accommodation. This shall include making of enquiries with local real estate agents and or relevant community housing providers; and

 

iii)       Provided with a $1,000 one-off payment to assist with relocation expenses.

 

The applicant shall inform the current tenants of these units the subject of this condition and documentary evidence shall be submitted to Council prior to the issue of a 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 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

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

 

Section 94A Development Contributions

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $5,200,000 the following applicable monetary levy must be paid to Council: $52,000.

 

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

8.       A development compliance and enforcement fee of $5,000 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

9.       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

10.   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:

 

$15,000.00      -      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.

 

Electricity Substation

11.     The applicant must liaise with Ausgrid prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

Sydney Water Requirements

12.     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.

 

Street Tree Protection Measures

13.     In order to ensure the retention of those juvenile trees located on Council’s Malabar Road verge, being a Eucalyptus sp. (Gum, T1) in front of no.149, then two Banksia integrifolia (Coastal Banksias, T2-3), being one each in front of both no.153 & no.155, as well as the Callistemon viminalis (Bottlebrush, T4) and Banksia integrifolia (Coastal Banksia, T5) to their north, in front of no.147 in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show their retention, with the position and diameter of both their trunks, canopies and tree identification numbers 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 an equal distance between each of their trunks, so as to minimise root damage as well as avoid future maintenance issues.

 

c.       Prior to the commencement of any site works, the Certifying Authority/PCA must ensure that an AQF Level 5 Arborist (who is eligible for membership with a nationally recognized organization/association) has been engaged as ‘the Project Arborist’ for the duration of works, and will be responsible for both implementing and monitoring the conditions of development consent, as well as any Recommendations from the Arboricultural Impact Assessment by Jacksons Nature Works, dated 28 July 2017 (“the Arborists Report”).

 

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

 

e.       Each of these trees are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to their north and south (measured off the outside edge of their trunks at ground level), matching up with the back of the kerb to their west, and pedestrian footpath to their east, in order to completely enclose each tree for the duration of works.

 

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

 

g.       In order to prevent soil/sediment being washed over their root systems, erosion control measures must be provided at ground level around the perimeter of the TPZ.

 

h.       Other than the approved works, the applicant is not authorised to perform any other works to these public trees, 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.

 

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

 

j.        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.

 

k.       A refundable deposit in the form of cash, credit card or cheque for an amount of $2,000.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the trees.

 

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 (9093-6613).

 

Any contravention of Council's conditions relating to the trees 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.

 

Protection of trees within site

14.     In order to ensure retention of the Howea fosteriana (Kentia Palm, T23) and Lophostmeon confertus (Brush Box, T27) located within the subject site, around the southeast corner in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show their retention, with the position and diameter of both their trunks and canopies/crowns and tree identification numbers to be clearly and accurately shown on all plans in relation to the proposed works.

 

b.       All plans submitted for the Construction Certificate must show that the Basement Level will be consistent with the footprint and setbacks that are currently shown on dwg DA02, Rev B, dated 12.12.17, with the same also applying to the Ground/Podium Level, dwg DA03, rev C, dated 12.12.17, and are to be constructed on-site in accordance with these referenced plans.

 

c.       A site specific Tree Protection Plan (TPP) must be prepared by an AQF Level 5 Arborist (who is eligible for membership with a nationally recognised organisation/association) for these two specimens, and must comply with the requirements of Section 5 of AS4970:2009.

 

d.       This TPP must be submitted to, and be approved by, the Certifying Authority/PCA, with all recommendations to be fully implemented and complied with on-site throughout the course of the works.

 

e.       Prior to the commencement of any site works, the Certifying Authority/PCA must also ensure that an AQF Level 5 Arborist (who is eligible for membership with a nationally recognized organization/association) has been engaged as ‘the Project Arborist’ for the duration of works, and will be responsible for both implementing and monitoring the conditions of development consent, the Tree Protection Plan, and any other instructions issued on-site.

 

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

 

g.       In the event of any discrepancy between the TPP and conditions of consent, the Project Arborist must contact Council’s Landscape Development Officer on 9093-6613 to reach agreement on the outcome before proceeding further with any works.

 

h.       Any new common boundary fencing, within either of their TPZ’s, as listed in Annexure A of the Arborist Report, can only be a system which is supported on localised pad footings, not strip footings, with details confirming compliance to be shown on the Construction Certificate plans.

 

i.        If roots are encountered during installation of footings for new fencing, these footings must be re-positioned to allow their preservation.

 

j.        Both trees are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located at the extent of each of their TPZ’s, matching up with the respective property boundaries in order to completely enclose them for the duration of works.

 

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

 

l.        In order to prevent soil/sediment being washed over their root systems, erosion control measures must be provided at ground level around the perimeter of the TPZ.

 

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

 

n.       Ground levels within each of their TPZ’s must not be altered by more than 200mm, with no other structures such as continuous strip footings, planter boxes or similar to be located in these areas, and must remain as undisturbed, deep soil.

 

o.       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.

 

p.       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.

 

Protection of neighbouring trees   

15.     In order to ensure retention of those trees that are located beyond the eastern site boundary, wholly on adjoining private properties, close to the common boundary, being from north to south, a Persea amercianna (Avocado, T15), within the rear of 10 Garie Place, adjacent the new vehicle access, then further to the south, two Lophostemon confertus (Brush Box, T21 & 25), an Archontophoenix cunninghamiana (Bangalow Palm, T24), and an Acacia sp. (Wattle, T26) within the rear of 8 Garie Place, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show their retention, with the position and diameter of both their trunks, canopies/crowns and tree identification numbers to be clearly and accurately shown on all plans in relation to the proposed works.

 

b.       All plans submitted for the Construction Certificate must show that the Basement Level will be consistent with the footprint and setbacks that are currently shown on dwg DA02, Rev B, dated 12.12.17, with the same also applying to the Ground/Podium Level, dwg DA03, rev C, dated 12.12.17, and are to be constructed on-site in accordance with these plans.

 

c.       A site specific Tree Protection Plan (TPP) must be prepared by an AQF Level 5 Arborist (who is eligible for membership with a nationally recognised organisation/association) dealing with these neighbouring specimens, and must comply with the requirements of Section 5 of AS4970:2009.

 

d.       This TPP must be submitted to, and be approved by, the Certifying Authority/PCA, with all recommendations to be fully implemented and complied with on-site throughout the course of the works.

 

e.       Prior to the commencement of any site works, the Certifying Authority/PCA must also ensure that an AQF Level 5 Arborist (who is eligible for membership with a nationally recognized organization/association) has been engaged as ‘the Project Arborist’ for the duration of works, and will be responsible for both implementing and monitoring the conditions of development consent, the Tree Protection Plan, and any other instructions issued on-site.

 

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

 

g.       In the event of any discrepancy between the TPP and conditions of consent, the Project Arborist must contact Council’s Landscape Development Officer on 9093-6613 to reach agreement on the outcome before proceeding further with any works.

 

h.       Prior to commencing any works associated with the new vehicle entry or basement level, the Project Arborist must firstly excavate (only by hand, not machinery), those areas that fall within the TPZ of T15 that will require footings, piling or similar, with these trenches to measure a minimum depth of 800mm, and a minimum width of 200mm, with no roots to be damaged during this process.

 

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

 

j.       Where major roots with a diameter of 50mm or more are encountered, and Council’s officer determines they must be retained, a cantilevered, pier and beam style footing must be used for these relevant areas to allow their preservation.

 

k.       The Construction Certificate plans must acknowledge (through the inclusion of construction notes, details and similar) that the site inspection may result in the need to alter the footing design away from a traditional strip footing, with a suitably qualified engineer needing to have the required design approved by the PCA, prior to installation.

 

l.        Where roots with a diameter of less than 50mm are found which are in direct conflict with the works, and permission is given for their pruning, they are to be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

m.      Following this process, the Project Arborist must then ensure that a layer of 40-60mm sized structural soil/crushed blue metal (macro-pores) is provided in the void between the existing ground level and underside of the new driveway/basement entry ramp, to which, a layer of filter fabric will also be added, in accordance with Recommendation 4.f in the Arborist Report.

 

n.       Any new common boundary fencing within any of their TPZ’s, as listed in Annexure A of the Arborist Report, can only be a system which is supported on localised pad footings, not strip footings, with details confirming compliance to be shown on the Construction Certificate plans.

 

o.       If roots are encountered during installation of footings for new fencing, these footings must be re-positioned to allow their preservation.

 

p.       These trees are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located at each of their TPZ radius (where possible whilst still allowing for the approved works), and matching up with the respective boundaries in order to completely exclude these trees from the works.

 

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

 

r.       In order to prevent soil/sediment being washed over their root systems, erosion control measures must be provided at ground level around the perimeter of their TPZ’s; or; along the common boundaries.

 

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

 

t.        Ground protection comprising either strapped together rumble boards, plywood, a 50mm layer of mulch or similar may also provided where deemed necessary by the Project Arborist so as to avoid compaction and root damage, and must remain in place for the duration of works, until such time as the approved landscaping is being installed.

 

u.       Ground levels within each of their TPZ’s must not be altered by more than 200mm, and other than the approved works, there must be no other structures such as continuous strip footings, planter boxes or similar to be located in these areas, and must remain as undisturbed, deep soil.

 

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

 

REQUIREMENTS 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.

 

Traffic conditions

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

 

17.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS  2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

Flood Management & Stormwater Drainage

18.     The written approval of Council is required to be obtained in relation to all drainage and infrastructure works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

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

 

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

 

19.     Any Windows, vents and other openings into the basement carpark (excluding the driveway opening) are to be located at least 500 mm above the adjacent determined 1 in 100 year flood level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

20.     Adequate provision is to be made for overland flow to drain around the western and northern portion of the site and protect the ground floor units from flooding on the western frontage in accordance with the recommendations in the Overland Flow analysis by LP Consulting and minimum freeboard requirements specified in Part B8 of Council’s DCP.

 

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

 

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

 

22.     With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

23.     Stormwater drainage plans prepared for the construction certificate shall be in general accordance with the approved drainage plans by LP Consulting drawing number DA-STW-001-401, the recommendations in the overland Flow analysis stamped by Council 15th August 2017 and conditions of this consent. 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.

 

24.     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) ;

 

i.     Directly into Council’s underground drainage system located in Garie Place via a new junction/kerb inlet pit and new section of concrete pipeline in Garie Place Lane as detailed in the approved drainage plans

 

c)     The maximum discharge from the site must not exceed what would occur on the site for existing conditions for all storm events up to the 1 in 100 year storm event. All stormwater run-off from the site exceeding this amount is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

d)     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.

 

e)     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% AEP (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.

 

f)      Generally all internal pipelines must be capable of discharging a 1% AEP (1 in 100 year) storm flow in accordance with approved drianage plans &  recommendations in the overland flow analysis by LP Consulting.  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 to the proposed drainage (detention) system.

 

g)     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

 

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

 

Site seepage & Groundwater

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

 

a)     Sub-soil drainage must not be connected or discharged directly or indirectly to Council’s street gutter.

 

b)     Adequate provision is to be made for the ground/seepage 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)     Sub-soil drainage systems must comply with the following requirements:-

 

i.  The system may be connected directly to Council’s underground drainage system (but only with the prior written approval of Council, as required under the Roads Act 1993).

 

ii.  Any sub-soil drainage systems must be restricted from entering the basement areas of the building and the stormwater drainage system, by tanking/waterproofing the basement areas of the building.

 

iii.  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.

 

d)  Details of the proposed stormwater drainage system including methods of sub-soil drainage, tanking/waterproofing  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

 

26.     Compliance with the Building Code of Australia & Relevant Standards

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).

 

27.     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

28.     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.

 

Site stability, Excavation and Construction work

29.     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.

 

Design Alignment levels

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

 

·        To be provided in writing by Council’s Development Engineering section upon receipt of approved design for civil works in Garie Place Lane.

 

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

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9093-6881.

 

31.     Alignment levels and the site inspection by Council’s Development Engineering Section will be issued at a prescribed fee of $798 calculated at $57.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Waste Management

32.     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.

       

33.     The garbage room shall be sized to contain a minimum of 19 x 240 litre bins (comprising 8 garbage bins & 8 recycle bins & 3 green waste) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

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

 

Landscape Plans

35.     The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Landscape Plans by Zenith Landscape Designs, dwg’s 17-3509, L01-02, rev A, dated 09.12.17.

 

36.     A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that noise and vibration emissions from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant conditions of consent (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

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.

 

Certification and Building Inspection Requirements

37.     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

38.     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

39.     A dilapidation report (incorporating photographs of relevant buildings) must be obtained from a Professional Engineer, detailing the current condition and status of all of the buildings and structures located upon all of the properties adjoining the subject site and any other property or public land which may be affected by the works, to the satisfaction of the Principal Certifying Authority.

 

The dilapidation report must be submitted to the Council, the Principal Certifying Authority and the owners of the adjoining/nearby premises encompassed in the report, prior to commencing any site works (including any demolition work, excavation work or building work).

 

Construction Site Management Plan

40.     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

41.     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.

 

Construction Noise & Vibration Management Plan

42.     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

43.     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.

 

Construction Traffic Management

44.     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 Arden Street for the duration of the demolition & construction works.

 

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

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of

Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site. The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

45.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council’s Intergrated Transport Department, prior to the commencement of any site work.

 

·      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.

 

46.     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

47.     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.

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

49.     Building works are required to 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

50.     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

51.     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 other 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

52.     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

53.     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

54.     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.

 

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

55.     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

56.     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

57.     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

58.     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

59.     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 or sawing 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

60.     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.  

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Traffic Management

62.     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.

 

63.     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.

 

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

 

65.     Stormwater Drainage

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.

 

Tree Removal

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

a)       The group in the front setback of no.149, being a Cupressus sempervirens (Swanes Golden Cypress, T10), along with the variety of other smaller shrubs in this same area, being T6-9, 11 & 35, comprising Cameila’s, NSW Xmas Trees and a Banksia;

 

b)       The established group around the northwest corner of the existing building at no.149, in the northern side setback, due to a combination of their condition, restricted growing environment and direct conflict with the works, being from west to east, a Plerandra elgantissima (False Aralia, T12), a larger Liquidambar styraciflua (Liquidambar, T13), an Agonis flexuosa (Willow Myrtle, T14) and a Howea fosteriana (Kentia Palm), consistent with advice that was provided for the pre-lodgement PL/18/2017;

 

c)       In the rear yard of the subject site, halfway across the width of the eastern boundary, the two over-mature Agonis flexuosa (Willow Myrtles, T18 & 20) as despite being the most significant specimens assessed for this application, have both been assigned a very short life-span due to their distorted and included trunks, with bracing and cables tied between the co-dominant trunks of T20 the only way this tree has remained upright in the ground, with both seen to pose a threat to the future safety of person and property as they continue their natural senescence, and is consistent with the advice that was provided for the pre-lodgement PL/18/2017;

 

d)       The various shrubs in this same vicinity due to their insignificance, including the Schefflera arboricola (Dwarf Umbrella, T16), Strelitzia nicholii (Giant Bird of Paradise, T17), the small Agonis flexuosa (Willow Myrtle, T19), Cordyline australis (Cordyline, T22), as shown.

 

Pruning

67.     Permission is granted for the minimal and selective pruning of only those lower growing, lower order branches/fronds from the following:

 

i)        Those various perimeter screening shrubs and trees that are located beyond the northern site boundary, past the northern side of the existing Laneway, wholly in the rear yard of the private property at 147 Malabar Road, only where they overhang the Laneway, and need to be pruned in order to avoid damage from trucks, machinery and similar that are associated with the approved works;

 

ii)       Those growing beyond the eastern site boundary, wholly within the adjoining private properties at 8 & 10 Garie Place (refer to ‘Protection of Neighbours Trees’ condition earlier in this report), only where they overhang into the subject site and need to be pruned in order to avoid damage from trucks, machinery and similar.

 

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

 

69.     All pruning can only be undertaken by the Project Arborist, or, by a practising Arborist, under the direct supervision of the Project Arborist, to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

71.     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 requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Widening of Garie Place Lane

72.     At no cost to Council, a minimum 1.5m wide strip of land will be required to be dedicated to Council along the full Garie Place Lane frontage for widening of roadway and to facilitate construction of a 1.3m wide pedestrian footpath. An application for a subdivision certificate in respect to the road widening is required to be endorsed by Council and the plans registered at NSW LPI prior to the issuing of a final occupation certificate.

 

NOTE: Additional widening shall be required at the Malabar Road intersection to fully incorporate the passing bay within Garie Place Lane within Council property.

 

Fire Safety Certificates

73.     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

74.     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

75.     A compliance certificate must be obtained from Sydney Water, under Section 73 of the Sydney Water Act 1994. Sydney Water’s assessment will determine the availability of water and sewer services, which may require extension, adjustment or connection to their mains, and if required, will issue a Notice of Requirements letter detailing all requirements that must be met. Applications can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator (WSC).

 

Go to sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying through an authorised WSC or Sydney Water.

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

 

BASIX Requirements & Certification

76.     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.

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)     Extend/Reconstruct vehicle access & layback to Garie Place Lane at the Malabar Road intersection & replace/repair footpath and verge as required.

b)     Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the premises in Garie Place Lane.

c)     Construct kerb and gutter for the full site frontage in Garie Place Lane except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

d)     Carry out a full depth, minimum 1.5m metre wide, road construction in front of the kerb and gutter along the full site frontage in Garie Place Lane, to Council’s specifications and requirements.

e)     Construct a 1.3m wide concrete footpath along the full site frontage in Garie Place Lane. 

f)     Reconstruct 1.3m wide footpath along the full Malabar Road frontage, as required

NOTE: All work to Council’s specifications and requirements.

 

79.     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.

 

80.     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

81.     The existing overhead power feed between the nearest mains distribution pole in Malabar Road and the development site shall be relocated to an underground (UGOH) connection. All work shall be to the requirements and satisfaction of Ausgrid.

 

Stormwater Drainage

82.     Should a detention, infiltration, pump-out system be provided 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.

 

83.     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).

 

84.     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.

 

85.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the requirements in relation to management of any seepage/ground water including tanking of basement, have been met and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent. There must be no dry weather seepage/groundwater flows discharging to Council’s street gutter.

 

Landscaping

86.     Prior to issuing any type of Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Landscape Plans by Zenith Landscape Designs, dwg’s 17-3509, L01-02, rev A, dated 09.12.17.

 

87.     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.

 

88.     The nature-strip upon Council's footway shall be re-graded and re-turfed with Kikuyu Turf rolls, including turf underlay, wholly at the applicant’s cost, to Council’s satisfaction, prior to the issue of any Occupation Certificate.

 

Site Arborist Certification

89.     Prior to the issue of any Occupation Certificate, the site Arborist must submit to, and have approved by, the PCA, written certification which confirms compliance with the conditions of development consent and Arborists Report/TPP Recommendations; the dates of attendance and works performed/supervised relating to the retention of T1-5, 15, 21, 23-24 & 26-27.

 

        Tree Protection Certification

90.     Prior to the PCA issuing any Occupation Certificate, written certification must also be obtained from Council’s Landscape Development Officer (9093-6613) confirming that the requirement for joint site inspections was complied with in relation to both the Protection of neighbours trees & Pruning conditions.

 

91.      Waste Management

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.

 

92.     The waste storage areas shall be clearly signposted.

 

Street and/or Sub-Address Numbering

93.     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.

 

If this application results in an additional lot, dwelling or unit, 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/or unit numbers for the development. The street and/or unit numbers must be allocated prior to the issue of an occupation certificate.

 

Please note: any Street or Sub-Address Numbering provided by an applicant on plans, which have been stamped as approved by Council are not to be interpreted as endorsed, approved by, or to the satisfaction of Council.

 

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.

 

Residential Parking Permits

94.     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.

 

95.     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.

 

Stormwater Detention/Infiltration System

96.     Any detention/stormwater system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

Fire Safety Statements

97.     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

98.     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.

 

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

 

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

 

100.    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.

 

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 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.

 

A2      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.

 

A3      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 9093 6944.

 

A4      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.

 

A5      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

 

A6      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 9093 6944.

 

A7      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.

 

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      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.

 

A10     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.

 

A11     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.

 

A12     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.

 

A13     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.

 

A14     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A15     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

Attachment/s:

 

1.

149-155 Malabar Road, South Coogee (DA 502 2017) - Report 22 March, 2018

 

2.

Development Consent Conditions - DA/502/2017 149-155 Malabar Rd, South Coogee

 

 

 

 


149-155 Malabar Road, South Coogee (DA 502 2017) - Report 22 March, 2018

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

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Randwick Development Assessment Panel Meeting

 

  BUSINESS PAPER

 

 

 

Thursday 10 May 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Randwick Development Assessment Panel Meeting

 

Notice is hereby given that a Randwick Development Assessment Panel Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor 90 Avoca Street Randwick on Thursday, 10 May 2018 at 1:00pm

 

 

Chairperson:                                Lindsay Fletcher

 

Expert Members:                         Peter Romey, Jason Perica

 

Community Representatives:          Sarah Kelly (East Ward)

 

Quorum:                                     Three (3) members

Declarations of Pecuniary and Non-Pecuniary Interests

Address of RDAP by Councillors and members of the public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded.

Urgent Business

Development Application Reports

D11/18      374-376 Arden Street, South Coogee (DA/659/2017)................................. 1

D12/18      169-181 Dolphin Street, Coogee (DA/238/1998/D)................................... 23

D13/18      131 Mount Street, Coogee (DA/266/2015/C)........................................... 45

D14/18      137 Carrington Road, Coogee (DA/35/2018)........................................... 57

D15/18      343 Rainbow St, South Coogee (DA/891/2016)........................................ 83

Miscellaneous Reports

Nil.     

 

 

 

…………………………………………………….

Kerry Kyriacou

Acting Director City Planning


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Development Application Report No. D11/18

 

Subject:             374-376 Arden Street, South Coogee (DA/659/2017)

Folder No:                   DA/659/2017

Author:                   Jonathan Blackmore, Environmental Planning Officer      

 

Proposal:                    Alterations and additions to existing dwelling and shop, modification to existing strata plan.

Ward:                     East Ward

Applicant:                Solutions Zane

Owner:                        Mrs R M Micallef

Summary

Recommendation:     Approval

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

 

 


 

Executive Summary

 

The application is referred to the Randwick Development Assessment Panel (RDAP) as the development contravenes the subdivision lot size standard by more than 10%.

 

Proposal

 

The application involves alterations and additions to the existing dwelling and shop, including blocking rear ground floor level openings, and modification of the existing strata plan from 3 lots to 2 lots.

 

A 2014 approval (DA/40/2014) combined two ground floor level shops into one. The proposed modification to the strata plan seeks to reflect this change through the reduction from 3 lots to 2 lots.  

 

Site Description and Locality

 

The subject site is located on the western side of Arden Street, close to its intersection with Malabar Road. The site features an east-west orientation.  The site contains a two-storey plus attic building built to the front and side boundaries, within approximately the front three-quarters of the site. The ground floor contains a showroom/shop and access to the residential unit located on the levels above. The rear of the showroom/shop currently has access to a timber deck, while the first floor dwelling has stairs to a pool and rear yard. The adjoining site to the south contains a similar shop-top house development, while the adjoining site to the north contains a two and three storey brick unit block.  

 

Figure 1. Photograph of the subject site (central building).

 

Relevant Consenting History

 

§   BA/157/1997, approval for a first floor addition with a rear balcony extension to the existing dwelling

§   DA/338/1996, approval to erect a dwelling above the existing shop with a rear first floor balcony

§   DA/953/2006, approval for the strata subdivision of the existing building

§   DA/40/2014, approval for alterations to the existing building to combine two ground level shops into one and use of the premises as a showroom.

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. No submissions were received as a result of the notification process.

 

Key Issues

 

Existing Use Rights Discussion

Development for the purpose of a shop is permitted with consent in Zone R2 Low Density Residential under the provisions of LEP 2012. However, the dwelling above the shop is not development that is specified in item 2 or 3 of the Table relating to Zone R2 Low Density Residential in LEP 2012 and would therefore be development that is presently prohibited on the land under the provisions of LEP 2012. The proposal results in no change to the existing use or the form of the dwelling and therefore no assessment is required in relation to this matter.

 

Given that the provisions of LEP 2012 relating to subdivision do not in any way restrict or relate to the use of the land, the operation of those provisions (in particular clause 4.1A of LEP 2012 - Subdivision) is not affected or overridden by the EP&A Regulation provisions relating to existing uses. A Clause 4.6 Assessment in relation to the minimum subdivision low size follows.

 

Clause 4.6 – Minimum Subdivision Lot Size

Clause 4.6 – Exceptions to Development Standard

Pursuant to Clauses 4.1A of the RLEP, the minimum allotment size for strata subdivision of land zoned R2 zone is 400sqm per lot. The proposal contravenes the standard as contained in Clause 4.1A of the RLEP 2012. The proposed variation is summarised in the table below:

 

 

PT 1

PT 2

Proposal

255m2

100m2

Variation

145m2 below the development standard, which equates to a 36.3% shortfall.

300m2 below the development standard, which equates to a 75% shortfall.

 

The Applicant has submitted a Clause 4.6 exception request.  This exception has been discussed in the detailed assessment section of this report. In summary, the exception has been considered with respect to the provisions of Clause 4.6 and is accepted on the grounds that:

 

·      The objective of Clause 4.6(1)(b) will be satisfied

·      Compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

·      There are sufficient environmental planning grounds to justify contravening the development standard

·      The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for the development within the zone

·      Contravention of the development standard does not raise any matter of significance for State or regional environmental planning

·      There will be no public benefit of maintaining the development standard.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application for alterations and additions to the existing dwelling and shop including modification to existing strata plan be approved (subject to conditions) for the following reasons:

 

·      The proposed development satisfies the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended

 

·      The proposal is consistent with the objectives contained within  the RLEP 2012 and the relevant requirements of the RDCP 2013

 

Detailed Assessment

Section 4.15 Matters for Consideration

 

The site has been inspected and the application has been assessed having regard to Section 4.15 of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 4.15 ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument

See below.

 

Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument

Nil.

Section 4.15(1)(a)(iii) – Provisions of any development control plan

The proposal does not generally relate to any of the objectives and controls of the Randwick Comprehensive DCP 2013.

 

Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 4.15(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

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

 

The proposed development is minor in nature and is consistent with the dominant residential character in the locality.

 

The proposal will not result in detrimental social or economic impacts on the locality.

 

Section 4.15(1)(c) – The suitability of the site for the development

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

Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

No submissions have been received.

Section 4.15(1)(e) – The public interest

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

 

Relevant Environment Planning Instruments

 

State Environmental Planning Policies (SEPPS)

N/A

 

Randwick Local Environmental Plan 2012 (LEP)

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

 

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

 

The following Clauses of RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.5:1

No change

N/A

Height of Building (Maximum)

9.5m

No change

N/A

Lot Size (Minimum)

400m2

255m2 (Lot 1) and 100m2 (Lot 2)

No – key assessment below

 

Clause 4.6 – Exceptions to development standard (minimum subdivision lot size)

Pursuant to Clauses 4.1A of the RLEP, the minimum allotment size for strata subdivision of land zoned R2 zone is 400sqm per lot. The proposal contravenes the standard as contained in Clause 4.1A of the RLEP 2012. The proposed variation is summarised in the table below:

 

 

PT 1

PT 2

Proposal

255m2

100m2

Variation

145m2 below the development standard, which equates to a 36.3% shortfall.

300m2 below the development standard, which equates to a 75% shortfall.

 

The applicant has submitted a written request seeking to justify the contravention of the standard pursuant to Clause 4.6 of the RLEP 2012.

 

Clause 4.6 of the RLEP provides a mechanism for variation to development standards in certain circumstances.

 

Assessment against the Applicant’s Written Justifications for the Contravention of the Development Standard

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

 

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

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

 

Further, the consent authority must be satisfied that:

 

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

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

 

The concurrence of the Secretary of the Department of Planning and Environment must also be obtained for development that contravenes a development standard. However, pursuant to the Notification of assumed concurrence of the Secretary under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 18-003 (dated 21 February 2018) the concurrence of the Secretary of the Department of Planning and Environment under clause 4.6(4) (b) of the RLEP 2012 may be assumed in certain cases.

 

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

 

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

In the Wehbe case Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The objectives of the minimum subdivision lot size for strata plan schemes in Zone R2 is set out in clause 4.1A of the RLEP as follows:

 

(1)     The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements

 

In addition, the objectives of Zone R2 are relevant to the proposed development and read as follows:

 

Objectives of Zone R2:

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

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

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

·       To protect the amenity of residents.

·       To encourage housing affordability.

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

 

The aims of the RLEP are also relevant and read as follows:

(2)    The particular aims of this Plan are as follows:

 

(a)     to foster a liveable city that is accessible, safe and healthy with quality public spaces and attractive neighbourhoods and centres,

(b)     to support a diverse local economy and business and employment opportunities for the community,

(c)      to support efficient use of land, vibrant centres, integration of land use and transport, and an appropriate mix of uses,

(d)     to achieve a high standard of design in the private and public domain that enhances the quality of life of the community,

(e)     to promote sustainable transport, public transport use, walking and cycling,

(f)       to facilitate sustainable population and housing growth,

(g)      to encourage the provision of housing mix and tenure choice, including affordable and adaptable housing, that meets the needs of people of different ages and abilities in Randwick,

(h)     to promote the importance of ecological sustainability in the planning and development process,

(i)      to protect, enhance and promote the environmental qualities of Randwick,

(j)      to ensure the conservation of the environmental heritage, aesthetic and coastal character of Randwick,

(k)     to acknowledge and recognise the connection of Aboriginal people to the area and to protect, promote and facilitate the Aboriginal culture and heritage of Randwick,

(l)      to promote an equitable and inclusive social environment,

(m)    to promote opportunities for social, cultural and community activities.

 

The applicant’s written justifications outline the following arguments for departure from the standard:

Council’s Assessment Officer’s Clause 4.6 Assessment:

 

In assessing the proposed variation against the objectives of Minimum Subdivision Lot size standard, the objectives of the zone R2 and aims of the RLEP, it is considered that the submitted justification substantiates that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

 

The objective of the clause for minimum subdivision lot size for strata schemes in Zone R2 is to ensure that land in the R2 zone is not fragmented by subdivisions that would create additional dwelling entitlements. The proposal does not further fragment the land or enable additional dwelling entitlements. The proposed enables the continued use of the ground floor space for business purposes, in line with the objectives of the zone. Further, the proposed strata subdivision, in conjunction with the rear building alterations will provide greater privacy to the private open space area to the dwelling, thereby improving onsite amenity for occupants of the dwelling.

 

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

 

The applicant’s written request has successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard. As discussed above, the proposal achieves the planning objectives for the locality; it fits in with the subdivision layout and character of similar developments and it is considered to be representative of the most orderly use of the site.

 

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

 

Based on the above assessment, it is considered that the proposed development is not inconsistent with the objectives of the minimum lot size standard and the R2 zone objectives. The relevant objectives for development within the zone in which the development is proposed to be carried out (Zone R2 - Low Density Residential) are:

 

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

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

·      To protect the amenity of residents.

·      To encourage housing affordability.

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

 

The proposal is not inconsistent with the relevant zone objectives in that:

 

·      The amenity of residents both in the vicinity and in the broader context of the R2 zone will not be adversely affected by the development associated with the subdivision.

 

·      The proposed subdivision will not cumulatively change the character and density of the R2 zone.

 

·      The proposed subdivision contributes to the effective functioning of the business and residential uses on the site and therefore enables a small-scale business use and the supply of housing to the community.

 

The proposed development is considered to meet the objectives of the zone because it does not create additional dwelling entitlements or change the low density character of the area

 

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

 

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

 

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

 

Comments:

Pursuant to the Notification of assumed concurrence of the Secretary under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 18-003 (dated 21 February 2018) the concurrence of the Secretary of the Department of Planning and Environment under clause 4.6(4)(b) of RLEP 2012 may be assumed to the approval of development consent for a  development that contravenes the development standard for minimum lot size  in clause 4.1A of RLEP 2012.

 

Variation from the adherence to the minimum lot size standard on this occasion is considered to be of benefit to the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning.

 


 

Randwick Comprehensive DCP 2013

 

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

 

In this case, there are no controls of the RDCP 2013 that are applicable to the proposal.

 

Referral COmments

 

Development Engineer

General Comments

The application is merging the two ground floor lots on Strata plan 86236 into one lot while also re-dedicating areas in the rear yard previously dedicated as common property and to ground floor lots, to the strata lot on the first floor.

 

There are no objections from Development Engineering subject to the conditions provided in this report.

 

Recommendation

 

A.     That the RDAP supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.1A of Randwick Local Environmental Plan 2012, relating to minimum subdivision lot size for strata plan scheme in the R2 zone, 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 the RDAP grants development consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/659/2017 for at No. 374-376 Arden Street, South Coogee, subject to the development consent conditions attached to this report, for the following reasons:

 

·      The proposed development satisfies the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended

 

·      The proposal is consistent with the objectives contained within the RLEP 2012 and the relevant requirements of the RDCP 2013

 

 

Attachment/s:

 

1.

DA Conditions - DA/659/2017 - 374-376 Arden Street, SOUTH COOGEE

 

 

 

 


DA Conditions - DA/659/2017 - 374-376 Arden Street, SOUTH COOGEE

Attachment 1

 

 


 


 


 


 


 


 


 


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Development Application Report No. D12/18

 

Subject:             169-181 Dolphin Street, Coogee (DA/238/1998/D)

Folder No:                   DA/238/1998/D

Author:                   William Jones, Senior Environmental Planning Officer     

 

Proposal:                    Section 4.55 modification of the approved development by increasing the seating capacity of the outdoor seating area adjacent to the Dolphin Street frontage of the Coogee Pavilion from 48 to 78 patrons. Original Consent: Outdoor seating & minor alterations to shop front of existing hotel.

Ward:                     North Ward

Applicant:                Hemmes Trading

Owner:                        Randwick City Council

Summary

Recommendation:     Approval

 

NOTE the following submissions were received from property owners that are located outside of the locality plan area:

·      17 Powell Street, Coogee

·      83 Beach Street, Coogee

·      5 Cairo Street, South Coogee

 

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

Executive Summary

 

This application is referred to the Randwick Development Assessment Panel (RDAP) as the outdoor seating area will be located on land owned by Council and more than 10 unique submissions by way of objection have been received.

 

Details of Current Approval

 

·      DA/238/1998: To provide outdoor seating for existing café and carry out alterations to building shopfront (Heritage Item). Approved by delegated authority on 13 August 1998.

 

The original outdoor seating area comprised Area 1 (59m2) and Area 2 (54m2), east of the Dolphin Street frontage.

 

 

·      DA/238/1998/A - Section 96 modification to alter approved dining area.

 

Area 2 was approved to be moved further east resulting in greater separation between Areas 1 and 2. However the development consent was not acted upon. Approved by delegated authority on 13 November 2003.

 

 

·      DA/238/1998/B - Section 96 modification of approved development by reduction in outdoor seating area on Dolphin Street frontage.

 

Approval was granted to delete the irregular shaped Area 1 and to reduce the size of Area 2 from 59m2 to 47.6m2. Approved by delegated authority on 22 June 2011.

 

 

·      DA/238/1998/C – Modify the approved development by increasing the number of patrons in the outdoor area from 35 to 48 and inclusion of fixed chairs, tables and umbrellas on the Council footpath.

 

It was also proposed to increase the hours of operation of the outdoor seating area from the approved hours (being Monday through to Thursday: 10:00am – 10:00pm, Friday to Sunday: 10:00am – 11:00pm) to the following:

 

-    Sunday to Thursday: 7.00am – 10.00pm; and

-    Friday to Saturday 7.00am – 11.00pm.

 

Approved at the Planning Committee meeting on 10 November 2015 subject to a reviewable condition relating to the proposed amended hours and number of patrons following a 12 month review period.

 

 

·      DA/238/1998/C - Review increase of patron numbers from 35 to 48 and hours of operation for outdoor terrace, Sunday to Thursday: 7.00am – 10.00pm and Friday to Saturday: 7.00am – 11.00pm.

 

The reviewable condition (17) was approved at the Planning Committee meeting on 14 February 2017.

 

The reviewable condition was approved on the basis that Council’s Environmental Health Officer advised the proposal would comply with relevant noise criteria, and Council’s Health, Building and Regulatory Department and Eastern Beaches Local Area Command advised that no complaints were received relating to outdoor patron use.

 

Proposal

 

Section 4.55 modification of the approved development by increasing the seating capacity of the outdoor seating area adjacent to the Dolphin Street frontage of the Coogee Pavilion from 48 to 78 patrons.

 

Specific modifications include:

 

·      Addition of a new 31.36m2 outdoor dining area to the east of the existing 47.6m2 outdoor dining area to accommodate an additional 30 people; and

 

·      The inclusion of 5 x fixed tables with integrated benches that will be bolted to the footpath, 5 x umbrellas (fixed to the tables only) and 4 x portable gas heaters.

 

No changes to the approved hours of operation is proposed. The proposed outdoor dining area will remain associated with the approved uses of the premises as part of the Coogee Pavilion.

 


 

Site Description and Locality

 

The outdoor dining area is located on Council owned land identified as the Coogee Beach Footpath at 134R Beach Street, Coogee, which is directly adjacent to the Coogee Pavilion located at 169-181 Dolphin Street, Coogee and legally described as Lot 1 DP 792311.

 

The Coogee Pavilion is currently occupied by a three storey food and drink premises. Coogee Beach is located to the south-east and a Council owned car park is located to the south-west. On the opposite side of the proposed outdoor dining area to the south is an existing public picnic area comprising fixed tables and chairs. Further north is a series of three and four storey shop top housing developments and beyond a mixture of mostly three and four storey residential flat buildings along Beach Street. To the west is a shop top housing development of varying storey heights, which is the closest residential land use to the proposed outdoor dining area. The immediate locality can be described mostly of commercial and medium density residential forming part of the Coogee Local Centre.

 

Report photo

View West to Dolphin Street

 

Section 4.55 Assessment

 

Under the provisions of Section 4.55 of the Environmental Planning and Assessment Act, 1979 (the Act), as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:-

 

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

 

ii)       it has consulted with any relevant public authorities or approval bodies, and

 

iii)       it has notified the application & considered any submissions made concerning the proposed modification

i)         Substantially the Same Development

The proposed modifications are not considered to result in a development that will fundamentally alter the originally approved development.

 

The additional outdoor seating will remain associated with the Coogee Pavilion premises, which is directly in front of the southern façade of the building and is located within proximity to the original Area 2 outdoor area approved via DA/238/1998.

 

ii)        Consultation with Other Approval Bodies or Public Authorities

The proposed modification was referred to NSW Police (Eastern Suburbs Local Area Command) for comment, who recommended the following conditions:

 

1.  A trial period of 12 months.

 

Planner Comment: A 12 month trial period is recommended as part of a new reviewable condition as follows:

 

          The increase to the patron numbers (78) is subject to a review period in accordance with Section 4.17 (10B) of the Environmental Planning & Assessment Act 1979 and Division 14 of the Environmental & Assessment Regulation 2000.

 

The number of patrons, fixed furniture (including tables, chairs and umbrellas) will be reviewed by Council within 12 months of the date of commencement of the extended operation. The operator of the premises must advise Council in writing of the date of commencement of the extended operation. Appropriate supporting evidence (including but not limited to, an acoustic report) will be required at the end of the review period to demonstrate compliance with all conditions of this consent as part to the review.

 

2.  A barrier/ fence to be constructed around the outdoor dining area, clearly outlying the license premises. This area will have one entry and one exit point.

 

Planner Comment: Existing condition 4 (approved via DA/238/1998) requires the outdoor dining area to be defined by a fence or planter boxes, which will serve to clearly outline the existing and extended licence premises.

 

To ensure patrons remain within the outdoor dining area, condition no. 26 is recommended to be modified as follows:

 

The dimensions of the outdoor trading/dining area must be consistent with the development consent and all items of furniture and patrons must be located within the designated approved area at all times. The total number of patrons must not exceed 78 persons at any time.

 

3.  Further lighting to be installed, which complies with Australian Standards in and around the area to increase surveillance opportunities during the hours of darkness.

 

Planner Comment: Additional lighting is not considered necessary for use of the proposed outdoor dining area given the proximity of an existing adjacent light pole. Further lighting opportunities as part of the public area should be explored by Council separately to this S4.55 modification. Notwithstanding, a new condition is recommended as follows:

 

Any table lighting shall be portable, unobtrusive in form and not result in light spill outside of the approved outdoor dining area and be free of chords / cables.

 

4.  Patrons within the outdoor dining area must not be standing and must not use the area solely to consume non-alcoholic/alcoholic beverages.

 

Planner Comment: Existing condition no. 8 is recommended to be modified as follows:

 

The premises must not be used for the sale, supply or consumption of alcohol unless a Liquor Licence (issued under the Liquor Act 2007) has been obtained beforehand.

 

The footway dining/trading area must not be used solely for the consumption of alcohol. Alcohol may only be served or consumed in this area if it is in conjunction with and ancillary to the service of a meal (as defined in the Liquor Act 2007), to the satisfaction of Council, and patrons must be seated within the outdoor dining area.

 

5.  Members of crime organisations are not permitted to enter the premises (an expansive list of known organisations was provided by Eastern Suburbs Local Area Command).

 

Planner Comment: It is recommended that this requirement be included in the Plan of Management to ensure that members of any crime organisations are not permitted to enter the premises.

 

6.  Any incident where a person is refused entry or removed from the premises must be recorded in the incident register and the local police / licensing police notified.

 

Planner Comment: This is a requirement of the Plan of Management (POM), which must be complied with as per existing condition no. 28. This condition is proposed to be modified to ensure the POM is updated to reflect modifications made as per DA/238/1998/D subject to the approval of Council and NSW Police.

 

7.  The licensee must maintain a closed-circuit television system on the premises that fully integrates with the existing Randwick City Council cameras.

 

Planner Comment: This is a requirement of the POM, which must be complied with as per existing condition no. 28 therefore a new condition is not required.

 

iii)       Notification and Consideration of Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive Development Control Plan 2013 (RDCP). The following submissions were received as a result of the notification process:

 

·      4/37 Arcadia Street, Coogee;

·      9/120 Beach Street, Coogee;

·      11/120 Beach Street, Coogee;

·      4/128 Beach Street, Coogee;

·      83 Beach Street, Coogee;

·      17 Powell Street, Coogee;

·      Bream Street, Coogee;

·      61a - 65 Frenchmans Road, Randwick (on behalf of the residents at 155 Dolphin Street, Coogee, located to the west of the Coogee Pavilion);

·      5 Cairo Street, South Coogee; and

·      X 3 submissions without a specified address including 1 submission from the Coogee Precinct.

 

Issue

Comment

The public area is already very busy and should be maintained as a public thoroughfare. Because of increased pedestrian activity, the area should be entirely returned to the public as a thoroughfare.

The proposed outdoor dining area complies with the clear zones specified by the RDCP and is aligned with the existing outdoor dining area, which will ensure there is adequate room for pedestrian movement (refer to Key Issues section further below).

 

Patrons’ legs and bags, and dogs on leashes will result in a hazard for pedestrians. The public access to the beach is already difficult to navigate. Existing obstacles include pot plants, seats, a reindeer, and water containers for dogs and a servery for staff.

Existing conditions will ensure protrusions outside of the outdoor dining area will not occur, with a barrier / fence required to be installed as part of an existing condition. Concerns related to potentially unauthorised uses should be directed to Council’s Building Regulation and Compliance team for investigation.

 

Existing noise issues on the weekends from the Coogee Pavilion. The increased number of patrons will add to the existing problem.

Council’s Environmental Health Officer has assessed the proposal and advised that no acoustic complaints had been received that relate to the outdoor dining area. Existing conditions restrict hours of operation outside of sensitive residential hours and ensure the outdoor dining area will not give rise to offensive noise.

 

A new condition is recommended so that an acoustic report is provided 3 months after operation commences to effectively measure any acoustic impacts. A reviewable condition is also recommended so that patron numbers are reviewed following a 12 month trial period (refer to Key Issues and Referrals sections further below).

 

Concerns related to existing approved uses of the Coogee Pavilion should be directed to Council’s Building Regulation and Compliance team for investigation.

 

There is no need for additional outdoor seating given there is sufficient room inside.

The demonstrated need for a proposed development is not a requirement for assessment pursuant to S4.55 of the Environmental Planning and Assessment Act 1979 No 203.

The proposed seating area will negatively impact upon the Foreshore Scenic Protection Area.

The outdoor dining area complies with sub-clause 6.7 Foreshore scenic protection area pursuant to the Randwick Local Environmental Plan 2012 (RLEP) and will not impact the scenic qualities of the area (refer to Key Issues section further below).

Two increases to the number of patrons permitted to use public land is unacceptable privatisation.

The suitability of the land for the proposed use has been considered in accordance with S4.55 of the Environmental Planning and Assessment Act 1979 No 203. The proposed modification complies with relevant legislation and development controls and is therefore recommended for approval subject to conditions.

The additional outdoor area will hinder access for emergency services.

Sufficient area is maintained as part of the pedestrian corridor to the south that will permit access for emergency services, which can also access the premises and surrounds via Beach Street to the north-east and Dolphin Street to the south-west.

Patrons will queue outside, resulting in additional congestion.

The approved Plan of Management provides provisions for ingress and egress to the ground floor level, which must be complied with as per existing conditions.

Further increased seating in the future may encroach the public picnic area, which might be perceived as only being associated with the Coogee Pavilion’s patrons.

Any future applications must be lodged in accordance with S4.55 of the Environmental Planning and Assessment Act 1979 No 203 and will be assessed on merit.

 

Key Issues

 

The key issues with the application relate to ensuring the use of the outdoor dining areas remain associated with the approved uses of the premises and that conditions are suitably amended and added to ensure the outdoor dining areas are managed appropriately having regard to potential acoustic and social amenity impacts.

 

It is noted that the proposed outdoor dining area will be associated with the Coogee Pavilion, which is subject to a number of approved development applications.

 

1.         Fixed furniture

In accordance with sub-clause 2.4 Furniture and fitting of Section D12 of the Randwick Comprehensive Development Control Plan 2013 (RDCP), outdoor furniture must be safe and sturdy, (but not bulky), waterproof and weather resistant, can easily be removed at the close of business each day, will not damage the footpath or other public infrastructure or pose a trip/fall hazard or inconvenience to the public. In addition to this, a prescriptive note is provided that fully enclosed café structures are not encouraged. This can privatise the public place which results in reduced accessibility, visibility, amenity and safety to the public.

 

Other than the proposed outdoor heaters, the proposed fixed tables with integrated seats and umbrellas cannot be easily removed. The proposed umbrellas also have a clearance of 2.07m to the footpath when opened, which does not comply with the minimum 2.6m minimum height clearance requirement of sub-clause 2.4 of the RDCP. The non-compliance is supported given the fixed furniture and the umbrella height is assessed as being in accordance with the objectives for footpath dining and trading.

 

The objectives are as follows:

 

·      To maintain the primary function of footpaths as public pedestrian corridors and domains, whilst encouraging opportunities for outdoor dining and other footpath trading activities.

 

Planner Comment: The proposed outdoor dining area has the same width and alignment as the approved outdoor dining area to the west and does not protrude into the main pedestrian corridor past the eastern building line of the Coogee Pavilion. The proposed outdoor dining area will permit constant pedestrian flow within the high pedestrian traffic area. The seating area maintains compliant clear zones between the approved outdoor dining area to the west and to the building and will be aligned with the existing outdoor dining area, therefore the primary function of the pedestrian corridor will be maintained (refer to Engineer’s comments further below).

 

·      To allow for the use of airspace over public roads and public land for dining, only where appropriate.

 

Planner Comment: The use of airspace is not proposed.

 

·      To ensure access for people with disabilities is provided within dining areas and associated facilities.

 

Planner Comment: Access for people with disabilities will be maintained given complaint clear zones are provided. The clearance from the ground to the underside of the umbrellas will not impede access throughout the outdoor dining area given the umbrellas will only marginally be wider than the tables.

 

·      To maintain public safety including unobstructed access to footpaths and adjacent buildings.

 

Planner Comment: Public safety will be maintained given complaint clear zones are provided. Existing conditions requires temporary barriers / fences to be provided around the outdoor dining area, and requiring patrons and furniture to be contained within the outdoor dining area, which will ensure protrusions into the clear zones and the pedestrian corridor will not occur. The pedestrian corridor is not immediately adjacent to a roadway and is suitably designed to cater for outdoor dining without compromising the safety or amenity of the public.  

 

·      To require high quality furniture and fittings that enhances the streetscape.

 

Planner Comment: The proposed furniture is of high quality and minimalist design, incorporating integrated seats and umbrellas as part of the fixed tables that reflect the existing approved seating and umbrellas. The proposed outdoor furniture will not compromise the appearance of the pedestrian corridor and will contribute positively to the vitality and character of the locality as a popular tourist destination. The external finishes and materials are acceptable and will remain consistent with the appearance of the existing streetscape. The outdoor furniture adopts a similar colour scheme of blue/white, which matches the outdoor furnishings within the immediate locality including the traffic bollards, lamp posts, benches and tables.

 

·      To have regard to the heritage significance of an item or area, where applicable.

 

Planner Comment: The proposed outdoor dining area and associated furniture will not impact the heritage qualities of the Coogee Pavilion, which is a local heritage item (refer to Heritage Officer referral comments further below).

 

2.         Foreshore Scenic Protection Area

Although the proposed outdoor dining area is not within the foreshore scenic protection area, it is directly adjacent to the scenic protection area (associated with the Coogee Pavilion). As the proposed outdoor dining area is associated with the approved uses of the Coogee Pavilion, it is therefore assessed against Sub-clause 6.7 of the RLEP below.

 

(1)  The objectives of this clause are as follows:

 

(a)    to recognise, protect and enhance the natural, visual and environmental qualities of the scenic areas of the coastline,

(b)    to protect and improve visually prominent areas adjoining the coastal foreshore,

(c)    to protect significant public views to and from the coast,

(d)    to ensure development in these areas is appropriate for the location and does not detract from the scenic qualities of the coast.

 

Planner Comment: The proposed outdoor dining area and associated furniture is not prominent when viewed from public places, with sightlines to Coogee Beach to the east and south-east being maintained given the outdoor dining area is in-line with the existing outdoor dining area to the west. Therefore the proposed modifications will not detract from the scenic qualities of the coast.

 

(2)  This clause applies to land identified as “Foreshore scenic protection area” on the Foreshore Scenic Protection Area Map.

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

 

(a)    is located and designed to minimise its visual impact on public areas of the coastline, including views to and from the coast, foreshore reserves, open space and public areas, and

(b)    contributes to the scenic quality of the coastal foreshore.

 

Planner Comment: Sightlines to Coogee Beach to the east and to the south-east will be maintained given the outdoor dining area is in-line with the existing outdoor dining area to the west. Existing and new conditions will ensure that patrons and furniture do not protrude outside of the approved area.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 


 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the approved development have been assessed against the requirements of the relevant planning guidelines and Council policies and plans as well as in regard to Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

The application is recommended for approval for the following reasons:

 

a)  The proposed modifications are considered to result in a development that is substantially the same as the previously approved development.

 

b)  The modified development will not result in significant adverse environmental impacts upon the amenity and character of the locality.

 

Detailed Assessment

 

1.         Section 4.15 Matters for Consideration

 

Section 4.15 ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument

Randwick Local Environmental Plan 2012

 

The proposed modifications are ancillary to the approved development, which will remain substantially the same. The development remains consistent with the general aims and objectives of the RLEP 2012.

 

The proposed outdoor dining area is located on land zoned RE1 Public Recreation, whereby restaurants or cafes are permitted with consent.

 

Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument

Nil.

Section 4.15(1)(a)(iii) – Provisions of any development control plan

The development remains compliant with the objectives and controls of the Randwick Comprehensive DCP 2013.

 

Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 4.15(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The proposed modifications have responded appropriately to the relevant planning controls and will not result in any significant adverse environmental, social or economic impacts on the locality.

Section 4.15(1)(c) – The suitability of the site for the development

The site has been assessed as being suitable for the development in the original development consent.

 

The modified development will remain substantially the same as the originally approved development and is considered to meet the relevant objectives and performance requirements in the RDCP 2013 and RLEP 2012. Further, the proposed modifications will not adversely affect the character or amenity of the locality.

 

Therefore the site remains suitable for the modified development.

Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

 

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

Section 4.15(1)(e) – The public interest

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

 

 

2.         Randwick Local Environmental Plan 2012

 

The development will remain in accordance with the following relevant general aims and objectives of the RLEP 2012 as a result of the proposed modifications:

 

7.3.    Aims of Plan

 

(a)  to foster a liveable city that is accessible, safe and healthy with quality public spaces and attractive neighbourhoods and centres,

(b)  to support a diverse local economy and business and employment opportunities for the community,

(c)  to support efficient use of land, vibrant centres, integration of land use and transport, and an appropriate mix of uses,

(d)  to achieve a high standard of design in the private and public domain that enhances the quality of life of the community,

(e)  to promote sustainable transport, public transport use, walking and cycling,

(f)   to facilitate sustainable population and housing growth,

(h)  to promote the importance of ecological sustainability in the planning and development process,

(i)  to protect, enhance and promote the environmental qualities of Randwick,

(j)  to ensure the conservation of the environmental heritage, aesthetic and coastal character of Randwick,

(k)  to acknowledge and recognise the connection of Aboriginal people to the area and to protect, promote and facilitate the Aboriginal culture and heritage of Randwick,

(l)  to promote an equitable and inclusive social environment,

(m) to promote opportunities for social, cultural and community activities.

 

Planning comment: The proposed modifications will help to foster a livable city that will support local business employment whilst providing an efficient and vibrant land use of high quality that will protect the qualities of the locality.

 

Zone RE1 Public Recreation

 

·      To enable land to be used for public open space or recreational purposes.

·      To provide a range of recreational settings and activities and compatible land uses.

·      To protect and enhance the natural environment for recreational purposes.

·      To protect, manage and restore areas with high biodiversity, ecological and aesthetic values, including buffer areas and habitat corridors.

 

Planning comment: The proposed modifications will not impact the natural environment and will be compatible with the existing public use of the land, maintaining a functional pedestrian corridor (refer to Key Issues section above).

3.         Randwick Comprehensive DCP 2013

 

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

 

As a result of the proposed modifications, the development remains compliant with the planning controls contained in D12 of the Randwick Comprehensive Development Control Plan 2013. Refer to the Key Issues section above.

 

It is noted that pursuant to sub-clause 3.2 of Part B7 of the RDCP, outdoor dining is exempt from additional parking requirements.

 

4.         Referral Comments

 

Development Engineers

 

General Comments

No objections are raised to the S96 proposal subject to the comments and conditions provided in this report.

 

Comments on location of Footpath Dining Area

The proposed outdoor seating area is sized 5.6m x 5.6m and separated from the existing approved seating area by a clear zone approximately 2.6m wide (determined by scale from submitted plan). Due to the high pedestrian activity in this area and its location opposite a pedestrian entrance to the Coogee Pavilion, a clear zone is considered appropriate at this location and an additional condition has been recommended by Development Engineering. This is to ensure that the separation of the seating areas is maintained since no dimension of the clear zone has been shown on the submitted plans. Consistent with other clear zones on busy footpaths the minimum width has been set to 2.5m as required in Section 2.1 of Part D12 in the RDCP.

A clear zone also separates the proposed outdoor area from the main building and is approximately 4.2m wide (as indicated on the plans). This is satisfactory to Development Engineering.

 

Comments on Semi-Permanent Structures

Additional conditions relating to specific requirements for the installation of the semi-permanent structures on Council property were included in the development consent for DA/238/1998/C and will be equally applicable to the additional tables and chairs proposed with the current application.

 

Should the section 4.55 application be approved, the following additional condition is recommended:

 

A minimum 2.5m clear zone must remain unimpeded between the two approved outdoor seating areas for pedestrian use.

 

Planning Comment

The recommended condition has been added.

 

 

 

Environmental Health

 

Acoustic Amenity

The new outdoor seating is proposed to be located on the beach side of the existing outdoor dining area which is the farthest point from the nearest affected residents on both Beach and Dolphin Street. The hours of operation for the outdoor dining area are not being changed and will remain as follows:

 

•   Friday to Saturday:     7:00am 11:00pm

•   Sunday to Thursday:   7:00am 10:00pm

 

Council has received complaints relating to noise and anti-social behaviour from patrons in February 2016 and most recently in November 2017, however they do not relate specifically to the use of the existing outdoor dining area.

 

It is noted that an acoustic report or amended plan of management has not been submitted with this application. Given the proposed location and elevated background noise of the existing area and based on the proposed times of operation, consideration should be given to a trial period and an acoustic assessment to be undertaken within 3 months of operation to assess the impacts of the increased seating.

 

Based on the existing operation and the proposed additional seating, the potential for noise disturbance has been considered and conditions have been recommended.

 

Environmental Amenity

Standard conditions in relation to waste, pollution controls and cleaning have been recommended to ensure compliance with the relevant legislation and guidelines.

 

Recommendation

Various amended and new conditions are recommended that provide requirements relating to general public safety / food safety and restrictions relating to offensive noise / amplified entertainment etc.

 

Planning Comment

Recommended conditions has been amended and added where relevant and not already covered by an existing condition.

 

Noise impacts will be required to be assessed after the increased seating is installed, which will be reviewed as per the recommended reviewable condition after a 12 month trial period. This approach was adopted by DA/238/1998/C, with the reviewable condition endorsed by Council following submission of an acoustic assessment after the use commenced and following the trial period. The reviewable condition was subsequently approved given Council’s Environmental Health Officer advised the proposal would comply with relevant noise criteria, and Council’s Health, Building and Regulatory Department and Eastern Beaches Local Area Command advised that no complaints were received relating to outdoor patron use or public noise disturbances.

 

Similarly, as part of the subject modification an assessment of the acoustic impacts can occur once the 12 month trial period has concluded and following submission of an acoustic assessment (to be submitted 3 months after the modification is approved). Should the acoustic impacts be deemed unacceptable following the 12 month trial period, a reduction to the number of patrons permitted to use the outdoor dining area might need to occur.

 

Heritage Officer

 

The Site

The site is listed as a heritage item under the Randwick Local Environmental Plan 2102 (RLEP), although the original building on the site has been largely rebuilt. The original building was opened in 1887, but its condition deteriorated in the twentieth century and the old dome had collapsed prior to demolition in the mid-1980s. The Randwick Heritage Study Inventory Sheet for the building identifies its significance as “a modern building which continues the form and historical associations of the old. The original building was a significant example of imported entertainment concepts, fashionable during the late Victorian period.” 

 

Submission

The application has been accompanied by a report prepared by BBC Consulting Planners which includes a section on Heritage. The report notes the paved seating area is not identified as a heritage item and is not within a heritage conservation area. The report considers that the proposal will have no adverse effect on the heritage significance of the hotel. 

 

Controls

Clause 5.10(4) of RLEP requires Council to consider the effect of a proposed development on the heritage significance of the heritage conservation area. 

 

In relation to Commercial Properties, Clause 2.13 of the RDCP includes a Control that original forms, details, materials and finishes must be retained, including original shopfronts, original suspended awnings and open balconies at first floor level. 

 

Heritage Comments

In conjunction with the closure of Beach Street for the length of Coogee Beach, Dolphin Street has been closed in front of the former Coogee Palace aquarium. The area has been paved and includes street furniture. An existing outdoor seating area is located between the street furniture and the building facade. The existing installation comprises 8 circular tables, each with perimeter seating benches and a fabric umbrella.

 

The proposed outdoor seating area comprising a further 5 tables and is to be located to the east of the existing outdoor seating area. The proposed seating area is separated from the hotel building and will not result in any modification to existing building fabric. The proposed umbrellas will not significantly impact on the visibility of the building façade, and the proposed outdoor seating area will not impact on the fabric of the heritage item and will not impact on the setting of the building or impact on significant views. The details of tables, benches and umbrellas are satisfactory and no further consent conditions are required. 

 

Planning Comment

The Heritage Officer comments are noted and it is agreed that the proposed development is in accordance with the heritage controls pursuant to the RLEP and the RDCP.

 

Property Management       

 

License Agreement

The following condition applies:

 

Prior to operation of the revised footpath dining area, the applicant / proposed licensee shall enter into a new formal License Agreement with Council, covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Officer regarding Council’s requirements for the formal license agreement.

 

Planning Comment

The recommended condition has been added.

 

Recommendation

 

That the RDAP grants development consent under Section 4.55 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/238/1998 for increasing the seating capacity of the outdoor seating area adjacent to the Dolphin Street frontage of the Coogee Pavilion from 48 to 78 patrons, at No. 169-181 Dolphin Street, Coogee, in the following manner:

 

·       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:

 

Drawing

Issue

By

Dated

Received by Council

Proposed table TA.01 & Umbrella Fixing detail

DA X01

A

Akin Creative

1 September 2015

7 September 2015

Proposed Furniture Plan – Outdoor Seating

DA D01

B

1 September 2015

7 September 2015

Drawing register & Location plan DA A00

B

1 September 2015

7 September 2015

 

Except, as amended by the Section 4.55 ‘D’ plans and documentation listed below, only in so far as they relate to the modifications highlighted on the Section 4.55 plans and detailed in the Section 4.55 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

DA D01 Issue B

Akin Creative

1 September 2015

DA X01 Issue A

Akin Creative

1 September 2015

 

·       Amend Conditions 8, 26,28, 41 and 42 to read:

 

8.     The premises must not be used for the sale, supply or consumption of alcohol unless a Liquor Licence (issued under the Liquor Act 2007) has been obtained beforehand.

 

        The footway dining/trading area must not be used solely for the consumption of alcohol. Alcohol may only be served or consumed in this area if it is in conjunction with and ancillary to the service of a meal (as defined in the Liquor Act 2007), to the satisfaction of Council, and patrons must be seated within the outdoor dining area.

 

26.   The dimensions of the outdoor trading/dining area must be consistent with the development consent and all items of furniture and patrons must be located within the designated approved area at all times. The total number of patrons must not exceed 78 persons at any time.

 

28.   (a) The operator of the Hotel premises shall comply with the Plan of Management titled “Merivale Coogee Pavilion Plan of Management – Version No: 0.26, Issued: 24 August 2015 (“Pavilion POM”) at all times.

 

(b) The Pavilion POM referred to at 28 (a) shall be updated to reflect the modifications made as part of DA/238/1998/D including the relevant conditions and requirements of the Police (i.e. measures to exclude members of any crime organisations to enter the premises) with the written approval of Council’s Manager Development Assessment and the Eastern Beaches Local Area Command Police.

 

41.   The business proprietor and all personnel must ensure that the footpath dining area (and the immediate vicinity adjacent to the footpath dining area) is maintained in a clean and tidy condition at all times, free of grease, food and litter.

 

        Effective methods are to be used to clean the area on a regular basis and which must not cause a pollution incident as defined in the Protection of the Environment Operations Act 1997.

 

42.   The applicant must submit to Council for approval, and have approved, a detailed specification for the connection of the proposed outdoor dining furniture for the existing and extended outdoor dining area to the existing pavement in Dolphin Street. The detail shall include all structural elements (such as pad footings below the pavers, bolts etc.) for ensuring the furniture maintains its location and structural integrity during and outside of the approved licence hours. Design certification for all structural elements, from a suitably qualified engineer/s, must accompany the specification. The existing paving pattern and paving materials must not be substantially altered as a result of the installation of the proposed outdoor dining furniture for the existing and extended outdoor dining area.

 

·       Add Conditions 48 to 57 to read:

 

48.  The increase to the patron numbers (78) is subject to a review period in accordance with Section 4.17 (10B) of the Environmental Planning & Assessment Act 1979 and Division 14 of the Environmental & Assessment Regulation 2000.

 

        The number of patrons, fixed furniture (including tables, chairs and umbrellas) will be reviewed by Council within 12 months of the date of commencement of the extended operation. The operator of the premises must advise Council in writing of the date of commencement of the extended operation. Appropriate supporting evidence (including but not limited to, an acoustic report) will be required at the end of the review period to demonstrate compliance with all conditions of this consent as part to the review.

 

49.   An acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council within 3 months of the commencement of the current consent, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997 and the noise criteria and requirements contained in this consent has been satisfied (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

50.   A minimum 2.5m clear zone must remain unimpeded between the two approved outdoor seating areas for pedestrian use. 

 

51.   Prior to operation of the extended footpath dining area, the applicant / proposed licensee shall enter into a new formal License Agreement with Council, covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Officer regarding Council’s requirements for the formal license agreement.

 

52.   The Licence Agreement, including conditions and requirements of the Licence Agreement must be complied with at all times.

 

Failure to comply may result in a breach of the Licence Agreement and a breach of this consent, which may result in the issuing of appropriate notices, orders, on-the-spot penalty infringements, legal proceedings and/or cancelling of the Licence.

 

53.   All outdoor heaters must be adequately tied down and/or weighted, to ensure that the items are stable and secure at all times.

 

The outdoor heaters must not represent a safety hazard to pedestrians at any time. If necessary, the outdoor heaters must be removed from the outdoor area and be placed indoors in windy conditions.

 

54.   The relevant requirements of the Food Act 2003, Food Regulation 2010 and Australian & New Zealand Food Standards Code must be complied with at all times.  All food businesses must be registered with Council and the NSW Food Authority prior to commencing the business operations.

 

55.   Preparation, display and/or storage of food is not permitted within the outdoor dining area.

 

56.   The relevant requirements of the Environmental Planning & Assessment Act 1979 and Local Government Act 1993, Food Act 2003, Public Health Act 2010 and Roads Act 1993 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, the service of a Notice or Order by Council.

 

57.   Any table lighting shall be portable, unobtrusive in form and not result in light spill outside of the approved outdoor dining area and be free of chords / cables.

 

 

Attachment/s:

 

Nil

 

 


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Development Application Report No. D13/18

 

Subject:             131 Mount Street, Coogee (DA/266/2015/C)

Folder No:                   DA/266/2015/C

Author:                   William Jones, Senior Environmental Planning Officer     

 

Proposal:                    Section 4.55 modification of the approved development by internal reconfiguration of dwellings and addition of planter on southern side. Original consent: Demolition of the existing dwelling house and construction of a four storey residential flat building comprising of six dwellings and basement car park for 7 vehicles, associated site and landscape works.

Ward:                     East Ward

Applicant:                Progress East Pty Ltd

Owner:                        Mr G D V Waddell and Mrs S J Waddell

Summary

Recommendation:     Refusal

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Executive Summary

 

This application is referred to the Randwick Development Assessment Panel (RDAP) as it is made under Section 4.55(2) of the Environmental Planning and Assessment Act 1979 No 203 and 10 or more unique submissions by way of objection were received.

 

Details of Current Approval

 

·       DA/266/2015: Demolition of the existing dwelling house and construction of a four storey residential flat building comprising six dwellings (3 x 1 bedroom apartments and 3 x 2 bedrooms apartments) and basement car park for 7 vehicles, associated site and landscape works.

 

Approved at the ordinary Council meeting on 8 December 2015.

 

·       DA/266/2015/A: Section 96 modification of the approved development showing relocation of the car stacker to the south eastern side of the basement car park, to increase size of bedroom and bathroom at third floor level, increase size of balconies at second and third floor levels and amendments to south facing window openings.

 

Approved at the Planning Committee meeting on 6 December 2016.

 

·       DA/266/2015/B: Section 96 (1A) modification of the approved development consent to delete condition 10 for the protection of the street tree.

 

Approved under delegated authority on 7 July 2016.

 

Proposal

 

DA 266/2015/C: Section 4.55 modification of the approved development by internal reconfiguration of dwellings and addition of a landscape planter on the southern side.                        

 

Specific modifications include:

 

·       Addition of a landscape planter at the basement level;

 

·       Reconfiguration of the bathroom, laundry and bedroom and additional enclosed storage rooms for units 1 and 3;

 

·       Reconfiguration of bedroom and study and enclosing of the study and an additional robe for units 2 and 4;

 

·       Addition of a door to bedroom 2 for unit 5; and

 

·       Reconfiguration of the bathroom and master bedroom and additional enclosed storage room for unit 6.

The proposed works have already been carried out therefore retrospective approval is sought. 

 

Site Description and Locality

 

The site is located at 131 Mount Street, Coogee and is legally described as Lots 1 and 2 in DP 1096453. The site is a regular shape with a site area of 539.2m2, a frontage to Mount Street of 13.48m and side boundary lengths of 40m. Adjoining properties comprise a two storey dwelling and detached garage to the north at 48 Dudley Street, three and four storey residential flat buildings to the north along Dudley Street, semi-detached dwellings to the south and predominantly two storey dwellings to the west on the opposite side of Mount Street.

 

The approved residential flat building is completed and an interim occupaiton certificate issued. The proposed modifications have already been carried out.

 

20180404_090956

 

Section 4.55 Assessment

 

Under the provisions of Section 4.55 of the Environmental Planning and Assessment Act, 1979 (the Act), as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:-

 

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

 

ii)       it has consulted with any relevant public authorities or approval bodies, and

 

iii)       it has notified the application & considered any submissions made concerning the proposed modification

 

i)         Substantially the Same Development

The proposed modifications are not considered to result in a development that will be substantially the same as originally approved given 5 additional rooms are proposed that can be used as bedrooms, resulting in a development that comprises 3 x 2 bedroom apartments and 2 x 3 bedroom apartments, which was not originally approved.

 

ii)        Consultation with Other Approval Bodies or Public Authorities

The development is not integrated development or development where the concurrence of another public authority is required.

 

iii)       Notification and Consideration of Submissions

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. The application was also advertised in the local newspaper from 25 October 2017 to 8 November 2017. As a result of this notification, 11 unique submissions by way of objection were received from the following properties:

 

·      137 Mount Street, Coogee

·      124 Mount Street, Coogee

·      133 Mount Street, Coogee

·      126 Mount Street, Coogee

·      1 Berwick Street, Coogee

·      52 Dudley Street, Coogee

·      41 Dudley Street, Coogee

·      10/58-60 Dudley Street, Coogee

·      3/62-64 Dudley Street, Coogee

·      X 2 submissions from unspecified addresses.

 

Issue

Comment

The unauthorised building works that created the 5 additional rooms will be used as bedrooms, which will result in non-compliant parking. There is no capacity for additional parking both on and off-street. Despite the proposed use as studies and storage rooms, these can still be used as bedrooms.

 

The unauthorised works and subsequent retrospective approval is a deceitful approach to the approval process. If approved, the deceitfulness will be encouraged.

Noted. Refer to Key Issues section below.

Concerns with the existing building’s non-compliance with the original DA approval.

Issues related to compliance have been forwarded to Council’s Building Regulation and Compliance team for investigation.

The bathroom windows result in privacy impacts.

Noted. Refer to Key Issues section below.

Concerns with the original DA in terms of compliance with the Randwick Local Environmental Plan 2012 and the Randwick Comprehensive Development Control Plan 2013.

An assessment against the RLEP and the RDCP was carried out as part of the original DA, which was considered to comply.

The existing development is already maximised and any intensification will negatively impact the community.

Noted. Refer to Key Issues section below.

 


 

Key Issues

 

1.        Use of Storage Rooms and Studies as Bedrooms

 

Units 2 and 4 (approved as 2 bedrooms apartments)

The proposed studies for units 2 and 4 are approximately 12m2 with dimensions of 3m x 3.4m, which are sufficiently sized to be used as bedrooms in accordance with the Apartment Design Guide (ADG) (minimum area of 9m2 excluding the wardrobe and a minimum dimension of 3m). Units 2 and 4 have an internal area of approximately 104m2 and are also sufficiently sized to be used as 3 bedroom apartments in accordance with the ADG (minimum internal area of 90m2). Bedrooms 1 and 2 for units 2 and 4 remain compliant with minimum size requirements as a result of the proposed modifications.

 

Given the rooms are considered to be sufficiently sized to be used as bedrooms and given a window, doors and a built-in wardrobe has also been constructed it is clear the intended use of the proposed studies is for bedrooms. Should these rooms be used as bedrooms, concerns are raised with the need for additional parking, which cannot be accommodated on site (refer to car parking comments further below).

 

The approved studies were appropriately sized and were open and not provided with a wall / door nor a wardrobe. The unauthorised works should therefore be rectified to be in accordance with the approved drawings.

 

Insert from proposed floor plan

 

Insert from approved floor plan

 

Units 1, 3 and 6 (approved as 1 bedrooms apartments)

The proposed storage rooms have the following dimensions:

 

·      Units 1 and 3 - approximately 6.6m2 and main dimensions of 2.9m x 2.1m.

 

·      Unit 6 – approximately 7.3m2 and main dimensions of 2.2m x 3.4m.

 

Although the above room sizes do not meet minimum ADG requirements for bedrooms, they are still sufficiently sized to accommodate a single bed and are provided with doors and a window and therefore could reasonably be used as bedrooms. Should these rooms be used as bedrooms, the internal amenity for occupants would be compromised given the rooms do not meet minimum bedroom sizes nor are the units large enough to meet the minimum internal area requirement (70m2) for a 2 bedroom apartment.

 

It is also noted that Bedroom 1 for units 1 and 3 did not originally comply with the minimum 3m width requirement. This was supported given the overall size and length of the bedroom exceeded the minimum requirement. The proposed storage rooms result in a reduction in the size and length of Bedroom 1 for units 1 and 3, which would reduce the internal amenity of these bedrooms. Bedroom 1 for unit 6 was originally compliant with minimum dimensions but will no longer comply with the minimum width requirement, also reducing internal amenity.

 

Insert from proposed floor plan

 

Insert from approved floor plan

2.         Car Parking

 

8 off street parking spaces are provided (including 2 within a car stacker), which is the minimum number of parking spaces required for the approved 3 x 1 bedroom apartments and 3 x 2 bedrooms apartments as specified by the Randwick Comprehensive Development Control Plan 2013 (RDCP). Council’s Development Engineer advises that should the storage rooms and studies be used as bedrooms, the total increased parking demand would be 1 parking space overall, which does not comply with the RDCP.

 

Despite the Applicant’s intention to use the rooms as studies or storage, it is difficult for Council to enforce these uses for individual occupants, which would result in a deficit of car parking. Given non-compliant off-street parking and lack of on-street car parking in the area, additional bedrooms would result in a negative impact to surrounding properties and are therefore not supported.

 

3.        Privacy Impacts

 

The 2 windows to the proposed reconfigured kitchens and bathrooms on the northern elevation for units 1 and 2 were approved with standard glazing via DA/266/2015. Privacy impacts were assessed as acceptable from these windows as per the original DA, however with the proposed reconfigured bathrooms the lower half of the windows will be above the fence line, which will result in privacy impacts for the occupants. No window treatments / privacy screening is proposed, therefore the reconfigured bathrooms are not supported.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

The proposed modifications are not considered to be in accordance with the above.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application for Section 4.55 modification of the approved development by internal reconfiguration of dwellings and addition of planter on southern side at No. 131 Mount Street, COOGEE  NSW  2034 be refused for the following reasons:

 

a)     The proposed modifications are not considered to result in a development that is substantially the same as the development for which the consent was originally granted.

b)     The modified development does not comply with minimum apartment and bedroom size requirements specified by the Apartment Design Guide.

c)     The modified development does not comply with the parking control specified by the Randwick Comprehensive Development Control Plan 2013 should the 5 additional rooms be used as bedrooms.

d)     The modified development does not comply with privacy requirements specified by the Randwick Comprehensive Development Control Plan 2013.

 

 

Detailed Assessment

 

1.         Section 4.15 Matters for Consideration

 

The site has been inspected and the application has been assessed having regard to Section 4.15 of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 4.15 ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument

State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development

 

As a result of the proposed modifications, the development will not comply with the SEPP and associated Apartment Design Guide (refer to Relevant Environmental Planning Instruments section below).

 

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

 

Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 4.55 modification makes a material change to the BASIX commitments as originally approved.

 

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

 

Randwick Local Environmental Plan 2012

 

As a result of the proposed modifications, the development will not be in accordance with the relevant general aims and objectives of the RLEP 2012 (refer to Relevant Environmental Planning Instruments section below).

 

Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument

Nil.

Section 4.15(1)(a)(iii) – Provisions of any development control plan

As a result of the proposed modifications, the development does not comply with relevant planning controls specified in the RDCP (refer to the Randwick Comprehensive DCP 2013 section below).

 

Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 4.15(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The proposed modifications will result in unacceptable impacts relating to non-compliant provision of car parking, compromised privacy and poor internal amenity for occupants.

Section 4.15(1)(c) – The suitability of the site for the development

The site has been assessed as being suitable for the development in the original development consent. However, the modified development will no longer remain substantially the same as the originally approved development and is not considered to meet the relevant objectives and performance requirements in the RDCP 2013, RLEP 2012, and SEPP 65. Therefore the site is not considered suitable for the modified development.

Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

 

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

Section 4.15(1)(e) – The public interest

The proposal does not promote the objectives of the zone and will result in adverse environmental impacts on the locality. Accordingly, the proposal is not considered to be in the public interest.

 

2.         Relevant Environmental Planning Instruments

 

State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development

As a result of the proposed modifications, the development will not comply with the SEPP and associated Apartment Design Guide given the proposed storage rooms (which can be used as bedrooms) and bedroom 1 in units 1, 3 and 6 do not comply with minimum bedroom dimensions. Units 1, 3 and 6 will also not comply with the minimum apartment size for a 2 bedroom apartment specified by the ADG, which will result in poor internal amenity for occupants. Refer to the Key Issues section above.

 

Randwick Local Environmental Plan 2012

The development will not be in accordance with the following general aims and objectives of the RLEP 2012 as a result of the proposed modifications:

 

7.3.    Aims of Plan

 

(d) to achieve a high standard of design in the private and public domain that enhances the quality of life of the community

Planning comment: The proposed modifications will reduce the quality of life for the community given additional parking will be generated that cannot be accommodated on site due to the 5 additional rooms that can be used as bedrooms.

 

Zone R3 Medium Density Residential

 

·      To protect the amenity of residents.

 

Planning comment: The amenity of residents will be compromised given units 1, 3 and 6 will not comply with minimum dimensions specified by the ADG.

 

Randwick Comprehensive DCP 2013

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

 

As a result of the proposed modifications, the development does not comply with the parking rates specified by part B7 of the RDCP given 9 parking spaces will be required should the additional storage rooms and studies be used as bedrooms, and only 8 spaces are provided. The variation is not supported given there is insufficient off-street parking availability. Refer to the Key Issues section above.

 

The development also does not comply with sub-clause 5.3 of Part C3 of the RDCP in that privacy will be compromised for occupants of the reconfigured bathrooms for units 1 and 3. The variation is not supported given these windows are not provided with any privacy treatments / screening. Refer to the Key Issues section above.

 

3.         Referral Comments

 

Development Engineers

 

Parking Comments

Approved Development

Parking Requirements for the approved development were assessed as per the parking rates specified in Part B7 of Randwick Council’s Development Control Plan 2013.

 

The originally approved 6 unit development comprised of 3 x 1 bedroom + 1 x 2 bedroom + 2 x 2 bedroom + study. The studies were not assessed as bedrooms as they were small and not enclosed. 8 parking spaces were required and 8 parking spaces were provided (2 within a stacker).

       

Proposed S4.55 Amendments

Should the 1 bedroom units comprising the proposed storeroom be considered as 2 bedroom units, and the 2 bedroom units comprising the proposed studies be considered as 3 bedroom units, the overall parking demand would increase by 1.2 spaces (1 space rounded down), which does not comply with the parking control.

 

Planning Comments

The variation to car parking is not supported on planning grounds given there is a lack of on-street parking in this area, which is exemplified by the submissions received.

 

Design Excellence Panel

This is a Development Application review meeting. The proposal seeks to make interior design changes to a previously constructed residential flat building. These involve revising layouts to provide for large storage areas and studies within the footprint of the current building, the addition of a planter and the addition of a window to the ground floor level. No increase in GFA is sought. It is not clear what previous plans were approved for construction as no additional drawings have been provided.

 

Summary and Recommendations

The Panel has concerns over the nature of the proposed changes. Although the drawings indicate that the changes are to provide storage and studies, these spaces appear to be configured to provide extra bedrooms. The storage areas, in particular, are excessively large for apartment units of this size. An increase in the number of bedrooms would likely trigger additional parking requirements for the site. Some of the proposed spaces are not dimensioned and it is not clear if minimum bedroom sizes would be met.

 

Noting the above, however, the Panel can only respond to the information provided that states that the intended changes are for the provision of additional storage and study areas. The additional window, in a storage area, will face a bedroom window and building entry on the adjacent property. This does not constitute a major privacy issue, assuming this room will be used for a storage area.

 

There are no major SEPP 65 or ADG concerns with the proposal. Council will need to make an assessment of the proposed changes on its own merit.

 

Planning Comments

The DEP concerns are noted. Refer to Key Issues section above for a planning discussion surrounding the potential use of the additional rooms as bedrooms and the result on car parking demand.

 

Recommendation

 

That the RDAP refuse development consent under Section 4.16 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/266/2015/C for Section 4.55 modification of the approved development by internal reconfiguration of dwellings and addition of planter on southern side at No. 131 Mount Street, COOGEE  NSW  2034, for the following reasons:

 

1.     The proposed modifications are not considered to result in a development that is substantially the same as the development for which the consent was originally granted.

 

2.     The modified development does not comply with minimum apartment and bedroom size requirements specified by the Apartment Design Guide.

 

3.     The modified development does not comply with the parking control under the Randwick Comprehensive Development Control Plan 2013 should the 5 additional rooms be used as bedrooms.

 

4.     The modified development does not comply with privacy requirements under the Randwick Comprehensive Development Control Plan 2013.

 

 

 


Randwick Development Assessment Panel                                                                  10 May 2018

 

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Development Application Report No. D14/18

 

Subject:             137 Carrington Road, Coogee (DA/35/2018)

Folder No:                   DA/35/2018

Author:                   Brenton Pearce, Development Assessment Officer      

 

Proposal:                    Construction of a vergola over part of the roof terrace on level 5 of an existing residential flat building.

Ward:                     East

Applicant:                Mr E H K Karlsson

Owner:                        Ideal Coogee Pty Ltd

Recommendation:     Approval

 

 

Subject Site

 

 

 

 

 

 

 

 

 

 

 

Submissions received

 

 

Ù

 

North

 

 

 

 


 

Executive summary

 

The application is referred to the Randwick Development Assessment Panel (RDAP) as the development contravenes the building height development standard by more than 10%.

 

Proposal

 

The proposal details the construction of a vergola on level 5 roof top terrace at No.137 Carrington Road, Coogee. The dimensions of the proposed vergola are 4m x 5.92m and a maximum height of 2.8m (when measured from the FFL of the level 5 terrace). The vergola is depicted in figures 1 and 2 below.

 

Figure.1 North and South Elevations (not to scale).

 

 

Figure.2 Eastern Elevation (not to scale).

 

Site Description and Locality

 

The site is located on the eastern side of Carrington Road, to the north of Alison Road. The site is identified as No.137 Carrington Road, Coogee and has a legal description of Lot 35, in DP 9121. The site is quadrilateral in shape and has a principle frontage to Carrington Road measuring 13.41m, a northern side boundary of 59.18m, a rear boundary of 14.225m and a southern side boundary of 63.36m; the total site area is 822m2. The site is located within an R3 medium density residential area characterised by one and two storey dwelling houses on the western side of Carrington Road, and three and four storey residential flat buildings to the north and south.

 

Relevant history

 

Consent for the development was granted on 13 May 2015 by Morris C in Ideal Coogee Pty Limited v Randwick City Council [2015] NSWLEC 1142 to:

 

Demolish existing structures and construct a part four (4), part two (2) storey multi-unit development in two (2) building forms. The development comprises eight (8) units, parking for 13 vehicles at semi-basement and ground levels, associated landscaping and site works.

 

The approved development was also subject to a number of amendments and the approved development is currently under construction on the subject site, as seen in Figure.3 below.

 

Figure.3 subject site currently under development.

 

Submissions

 

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

 

25 Pauling Avenue, COOGEE

 

Issue

Comment

The proposed development will result in adverse privacy and acoustic impacts to surrounding properties.

The vergola does not change the nature or proposed use of the approved roof-top terrace and therefore it is not envisaged that there will be any additional adverse environmental impacts to neighbouring properties by its construction.   

28 Raleigh Street, COOGEE

 

Issue

Comment

The supporting shadow diagrams do not show what impact the development will have on No.28 Raleigh Street.

Additional shadow diagrams submitted demonstrate that the development will have a negligible impact upon No.28 Raleigh Street, the additional shadow diagrams were forwarded to the owner of 28 Raleigh Street and no additional submissions were received. 

 

Key Issues

 

Clause 4.6 Exception to Development Standards – Height of Buildings

The overall height of the proposed vergola is approxiamtely 15m, which exceeds the maximum 12m height of buildings specified in Clause 4.3 of RLEP. It is relevant to note that the existing approved building also exceeds the 12m height standard, however the height of the proposed vergola is below the height of the building. 

 

The proposed vergola does not exceed the height of the existing building and is located at the rear of the building which will not be visible from the street, likewise the vergola is unlikely to result in any significant additional overshadowing to neighbouring properties. Overall the proposed vergola demonstrates the ability to be incorporated into the existing development without contributing to unreasonable bulk/massing and is therefore considered to satisfy the objectives of the building height standard as well as the objectives of the R3 zone.

 

Solar Access and Overshadowing

The supporting documentation includes shadow diagrams by Steve King which show the extent of overshadowing upon neighbouring properties to the south, in particular No.139-141 Carrington Road. The original report dated 3/12/2017 was amended on 15/2/2018 by Steve King to provide further, detailed evidence of the overshadowing impact of the development. The perspective presented in the figures below is that of a ‘view from the sun’, whereby the extent of overshadowing is taken to be the area inside the vergola roof beams (i.e. where the louvres would be). 

 

Key outcomes provided by Seve King are as follows:

 

·      Additional small areas of shadow identified on the north facing glazing which encloses a private open space on the roof of No.139 Carrington Road, starting before 9AM on the glazed passage from the private stairway and ending by 11AM.

 

·      At no time is the additional shadow more than approx. 30% of the north facing glazing, while the east facing glazing continues to receive full sun at the same time.

 

·      The north facing glazing itself then continues to be in the sun for the rest of the day, with no possible additional impact from the proposed vergolar structure.

 

An inspection of the neighbouring property at No.139-141 Carrington Road confirms that the only glazing on the rooftop is that located on an enclosed staircase which is used to access the rooftop terrace. The shadow diagrams indicate that the majority of this staircase will receive sunlight throughout the day (see Figure. 5), however this is largely irrelevant given the low-use nature of this space. It should be noted that any other reference to glazing beyond that of the staircase is refering to the balustrade as there are no additional windows located on the rooftop area. 

 

Figure. 4 Rooftop terrace of No.139-141 Carrington Road.

  Figure. 5 Impact to staircase and pergola.

 

Additional overshadowing to the POS of No.139-141 Carrington Road occurs to the rooftop terrace, specifically underneath the pergola structure. This overshadowing is best demonstrated from 10am onwards in Figure. 6, where the extent of overshadowing can be seen to be negligable. It is clear that the affected area is small in size and that the time spent in shadow is short, as a result it is not envisaged that the amenity of the rooftop terrace will be adversely impacted.

 

 Figure.6 Impact to rooftop terrace.

 

It is acknowledged that the first floor east facing balconies of Units 3 and 4 at No.139-141 Carrington Road will experience additional overshadowing from 12pm nowards, however, these balconies will still receive direct sunlight from 9am to 12pm and accordingly any additional overshadowing caused by the vergola is inconsequential to the existing amenity of the occupants. 

 

 

 Figure.7 Impact to east first floor balcony. 

 

Overall the additional overshadowing addressed above can be considered as minor and does not result from poor design or as a direct result of the contravention of the building height standard. In this regard the overshadowing impacts can be considered acceptable in this instance.  

 

 

 

 

 

 

 

 

 

 

 

 

Relationship to City Plan

 

There is no direct relationship to the city plan.

 

Financial Impact Statement

 

There is no direct financial impact as a result of this development.

 

Conclusion

 

That the application for the construction of a vergola over part of the roof terrace on level 5 of an existing residential flat building, be approved (subject to conditions) for the following reasons:

 

·       The proposed development satisfies the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

·       The proposal is consistent with the objectives contained within the RLEP 2012 and the relevant requirements of the RDCP 2013.

 

·       The proposal is consistent with the specific objectives of the R3 zone in that the proposed activity and built form will provide for the housing needs of the community whilst enhancing the aesthetic character and protecting the amenity of the local residents.

 

Detailed Assessment

1.         Section 4.15 matters for consideration

The site has been inspected and the application has been assessed having regard to Section 4.15 of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 4.15 ‘Matters for Consideration’

Comments

Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument

Randwick Local Environmental Plan 2012

The site is zoned Residential R3, Medium Density under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent. See table below for compliance with development standards.

 

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

Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument

Nil.

Section 4.15(1)(a)(iii) – Provisions of any development control plan

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

 

Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 4.15(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

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

 

The proposal will not result in detrimental social or economic impacts on the locality.

Section 4.15(1)(c) – The suitability of the site for the development

The site has been developed for the purposes of a multi-unit building, the proposed pergola is ancillary to this use but is associated with the continued residential use of the multi-unit housing. 

Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

 

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

Section 4.15(1)(e) – The public interest

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

2.       Relevant Environment Planning Instruments

 

2.1      Randwick Local Environmental Plan 2012 (LEP)

The site is zoned R3 under the Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent.

 

The following development standard contained in the RLEP 2012 applies to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Height of Building (Maximum)

12m

15m

No, See Clause 4.6 assessment below.

 

Clause 4.6 Exceptions to Development Standards – Height of Buildings

The proposal contravenes the maximum 12m Height of Buildings Standard in Clause 4.3 of RLEP 2012. The height of the vergola is 15m however the vergola will remain below the approved height of the existing building.

 

The proposed variation is summarized in the table below:

 

Maximum Height Control

Proposal

15m

LEP development standard

12m

Excess above the LEP standard

25% excess

 

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

 

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

 

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

 

Further, the consent authority must be satisfied that:

 

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

 

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

 

The concurrence of the Secretary of the Department of Planning and Environment must also be obtained for development that contravenes a development standard. However, pursuant to the notification of assumed concurrence of the secretary under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 18–003 (dated 21 Feb 2018) the concurrence of the secretary of the Department of Planning and Environment under clause 4.6(4)(b) of RLEP 2012 may be assumed in certain cases.

 

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

 

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

 

In the Wehbe case Justice Preston said the most commonly invoked way to establish that compliance with a development standard is unreasonable or unnecessary is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The objectives of the height of buildings standard are set out in clause 4.3(1) of RLEP 2012 as follows:

 

(1)  The objectives of this clause are as follows:

 

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

 

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

 

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

 

The applicant has provided the following assessment of the objectives of Clause 4.3 (1) of RLEP:

 

 

Clause 4.6 also requires consideration of the relevant zone objectives; the objectives of the R3 Medium Density zone are as follows:

 

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

 

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

 

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

 

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

 

•    To protect the amenity of residents.

 

•    To encourage housing affordability.

 

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

 

The Applicant has provided the following assessment of their proposal against the objectives of the R3 Medium Density Zone:

 

 

The Applicant has provided the following justification that compliance with the development standard is unreasonable or unnecessary:

 

The Application has provided the following reasoning as to why there are sufficient environmental planning grounds to justify contravening the development standard:

 

 

Council’s Assessment Officer’s Clause 4.6 Assessment:

 

The proposed vergola exceeds the building height standard by 25% (3m) and in order to determine whether the contravention is justified, it is relevant to consider the key objectives of the R3 Zone and building height standard respectively. These objectives are assessed accordingly below:

 

Objectives of the R3 Zone:

 

The key objectives of the R3 zone are listed as follows:

 

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

 

The proposed vergola is consistent with the use of the rooftop terrace for residential purposes and is will contribute to the amenity of the private open space.

 

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

 

The proposed vergola is not inconsistent with the medium density character of the building.

 

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

 

The proposed vergola will not be visible from the street and will be substantially integrated into the fabric of the existing building. Furthermore, the vergola will contribute to the existing use of the rooftop terrace by providing additional amenity to the occupants.

 

•      To protect the amenity of residents.

 

The proposal will provide for high amenity for future residents without impacting upon the amenity of neighbouring sites. The assessment of this proposal indicates that amenity impacts on neighbouring properties will not be unreasonable, particularly with respect to undue overshadowing or visual privacy.

 

•      To encourage housing affordability.

 

The proposal is not inconsistent with this objective.

 

Objectives of the Building Height Standard

 

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

 

The proposed development is considered to be similar to other structures located on other rooftops within the vicinity of the subject site and therefore the proposal can be considered to be in-keeping with the prevailing pattern of development nearby and desired future character of the locality.

 

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

 

The proposal is not located within the vicinity of any Heritage Items or Heritage Conservation areas, likewise the structure will not obstruct any views to Heritage items.

 

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

 

The proposed vergola is a lightweight, un-enclosed structure that will not be visible from the street. Likewise, the neighbouring properties are considered to be reasonably protected from any adverse visual bulk given that the vergola will not exceed the foot print of the approved terrace and does not obstruct any views through or across the site.

 

The supporting shadow diagrams indicate that the overshadowing impact to No.139-141 Carrington Road will be negligible and not likely to significantly reduce the amenity of living areas or private open spaces. Overall the extent of the non-compliance is minor and the additional height will not directly contribute to any visual bulk, overshadowing or other adverse environmental impacts to the subject or neighbouring properties. In this regard is considered that the Applicant has justified that strict compliance with the building height is unnecessary in this instance and therefore the Clause 4.6 exception to development standard can be supported as a good planning outcome.

 

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

 

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

 

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

 

Based on the above assessment, it is considered that the proposed development is consistent with the objectives of the maximum height control and the R3 medium density residential Zone. In so far as the proposed vergola has a maximum height of 2.8m when measured above the FFL of the roof top terrace and is below the overall height of the approved building.

 

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

 

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

 

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

 

Pursuant to the notification of assumed concurrence of the Secretary under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 18–003 (dated 21 Feb 2018) the concurrence of the Secretary of the Department of Planning and Environment under clause 4.6(4)(b) of RLEP 2012 may be assumed to the granting of development consent to the development that contravenes the development standard of floor space ratio in clause 4.3 of RLEP 2012.

 

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

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning. Strict adherence to the numerical standard is unnecessary, in this case, for maintaining the amenity of medium density housing forms in the locality, including dwelling houses and residential flat buildings, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

The proposed development satisfies the provisions of Clauses 4.6(3) and (4) of the RLEP 2012. Therefore, the applicant’s written justifications for contravening the building height standard are well founded and are supported.

 

3.     Randwick Comprehensive DCP 2013

 

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

 

The relevant provisions of the DCP are addressed below.

 

DCP Clause

Control

Proposal

Compliance

(Yes/No/NA/ Conditioned)

4.

Building Design 

 

 

4.2

Roof Design

vii) Terraces, decks or trafficable outdoor spaces on the roof may be considered only if:

·      There are no direct sightlines to the habitable room windows and private and communal open space of the adjoining residences.

·      The size and location of terrace or deck will not result in unreasonable noise impacts on the adjoining residences.

·      Any stairway and associated roof do not detract from the architectural character of the building, and are positioned to minimise direct and oblique views from the street.

·      Any shading devices, privacy screens and planters do not adversely increase the visual bulk of the building.

viii) The provision of landscape planting on the roof (that is, “green roof”) is encouraged. Any green roof must be designed by a qualified landscape architect or designer with details shown on a landscape plan.

The use of the roof-top terrace was approved under a previous Development Consent and the proposed vergola is ancillary to the roof terrace and will not result in any significant adverse impacts upon the amenity of the adjoining neighbours or contribute to any unreasonable bulk to the approved development.  

 

 

Complies

5.

Amenity

 

 

5.1

Solar Access and Overshadowing

 

Solar access for surrounding development

i) Living areas of neighbouring dwellings must receive a minimum of 3 hours access to direct sunlight to a part of a window between 8am and 4pm on 21 June (mid-winter).

ii) At least 50% of the landscaped areas of neighbouring dwellings must receive a minimum of 3 hours of direct sunlight to a part of a window between 8am and 4pm on 21 June (mid-winter).

iii) Where existing development currently receives less sunlight than this requirement, the new development is not to reduce this further.

 

 

The supporting shadow diagrams demonstrate that the additional overshadowing impact will be negligible, with a minimum 3 hours sunlight to the living areas of the adjoining properties retained.

 

 

 

 

Complies

5.3

 

Visual Privacy

i) Locate windows and balconies of habitable rooms to minimise overlooking of windows or glassed doors in adjoining dwellings (whether part of the development or on adjoining properties). Refer to the figure above on techniques to protect privacy.

ii) Orient balconies to the front and rear boundaries or courtyards as much as possible. Avoid orienting balconies to any habitable room windows on the side elevations of the adjoining residences.

iii) Orient buildings on narrow sites to the front and rear of the lot, utilising the street width and rear garden depth to increase the separation distance.

iv) Locate and design areas of private open to ensure a high level of user privacy. Landscaping, screen planting, fences, shading devices and screens are used to prevent overlooking and improve privacy.

v) Incorporate materials and design of privacy screens including (but not limited to): - Translucent or obscured glazing - Fixed timber or metal slats mounted horizontally or vertically - Fixed vertical louvers with the individual blades oriented away from the private open space or windows of the adjacent dwellings - Screen planting and planter boxes may be used as a supplementary device for reinforcing privacy protection. However, they must not be used as the sole privacy protection measure.

 

The proposed vergola will be constructed over an approved roof-top terrace. As such the ability of occupants to cross-view or overlook the living areas/private open spaces of adjoining dwellings will not be increased.

 

 

 

Complies

5.4

Acoustic Privacy

i) Design the building and layout to minimise transmission of noise between buildings and dwellings by: 4locating busy, noisy areas near each other and quiet areas such as bedrooms near each other 4 use storage and circulation areas to buffer noise where possible 4 minimise the extent of part walls

ii) Separate “quiet areas” such as bedrooms from common recreation areas, parking areas, vehicle access ways and other noise generating activities.

iii) Utilise appropriate measures to maximise acoustic privacy such as: 4 double glazing 4 operable screened balconies 4 walls to courtyards 4 sealing of entry doors.

 

The acoustic impacts of the development will be intangible in that the use of the approved roof-top terrace will not be modified.

 

Complies

 

2.         Referral Comments

Due to the minor nature of the application, the proposal was not required to be referred.

 

Recommendation

 

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

 

B.      That the RDAP grants development consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 35/2018 for Construction of a vergola over part of the roof terrace on level 5 of an existing residential flat building, at No.137 Carrington Road, Coogee, subject to the conditions attached to this report.

 

Attachment/s:

 

1.

Consent Conditions - DA/35/2018

 

 

 

 


Consent Conditions - DA/35/2018

Attachment 1

 

 


 


 


 


 


 


Randwick Development Assessment Panel                                                                  10 May 2018

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D15/18

 

Subject:             343 Rainbow St, South Coogee (DA/891/2016)

Folder No:                   DA/891/2016

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Proposal:                    Demolition of existing structures, construction of new 4 level dwelling with lift, swimming pool, garage, upper level terrace, landscaping and associated works

Ward:                     East Ward

Applicant:                Mr B Nacu

Owner:                        Mr E M Daniels

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Introduction

 

In accordance with the Minister’s direction under Section 9.1 of the Environmental Planning and Assessment Act 1979 (as amended), if Council had not delegated the determining of a Development Application (DA) to an officer of Council prior to March 2018, then the DA must be referred to the Local Planning Panel for determination. As the DA had been deferred at a Council meeting for mediation and there is no delegation in place and therefore must be referred to the Randwick Development Assessment Panel (RDAP) for determination.

 

The development application involving demolition of existing structures, construction of new 4 level dwelling with lift, swimming pool, garage, upper level terrace, landscaping and associated works was considered at the Ordinary Council meeting held on 10 October 2017. The Development Application Report and Compliance Report from this meeting are appended to this report. Council at the meeting resolved as follows:

 

(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.

 

The mediation session was held from 6.00-7.15pm on 30 January 2018 at the Council’s administration building. In attendance was residents form 1 Denning St, 341, 343, 345, Rainbow St, & 4 Garnet St.

 

Issues

 

Mediation

The outcome of the mediation was that;

 

“The applicant will prepare draft amended drawings to attempt to address the matters raised by the neighbours that are associated with privacy loss, overshadowing, view loss and bulk and scale impacts and consult further with the neighbours. The draft amended drawings will consider:

 

·    Lowering of the pool within the front setback

·    Lowering the boundary wall adjacent to No 345 Rainbow Street

·    Lowering the wall and overall height of the garage

·    Amending the design of the mansard roof to pitch from all sides to reduce impact of bulk and scale when viewed from the living room of No 1 Denning Street and the scale of the wall when viewed from No 345 Rainbow Street.

 

The applicant will attempt to produce draft drawings within 2 weeks of the mediation session and consult with neighbours, with an intention to lodge amended plans to the Council.”

 

The Applicant has submitted amended plans with Council subsequent to a further meeting held with residents on 20 February 2018.

 

Amended Plans

The following amendments to the plans are proposed:

 

Pool Area (North-Western Section of Property):

 

·      Providing a pool level that is on average 600mm lower than the existing ground level currently present on site.

·      Revised pool layout by reducing/removing decking to the North-Western corner amending the pool entry point.

·      The top edge of the planter section facing the street has been lowered by 100mm.

 

Front Yard (North-Eastern Section of Property):

 

·      The Front yard has been lowered by 360mm from the previous submitted plans.

·      The turf section and depth required (300mm) for adequate soil coverage has been set in 950mm from the boundary.

·      The top edge of the planter section facing the street has been lowered to reduce the highest point by 100mm.

 

Roof Form (Southern Section of Property):

 

·      Reduced rear pitch from 60 degrees to 45 degrees

·      Reduce Both side pitches from 60 degrees to 40 degrees

·      Raked / tapered edges to front of roof form.

 

Conditions

The Applicant is also seeking deletion of the following conditions that were included in the recommendation of the original assessment report.

 

Amendment of Plans & Documentation

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

 

a.     The rooftop deck over the northern built form and passage way must be deleted. The plans must be amended to align the outdoor terrace with the roof form above.

 

b.     A privacy screen shall be added to the western side of window W1.15 (on DA104) to prevent overlooking into the private open space or windows of the western adjoining neighbour.

 

c.     A privacy screen shall be added to the western side of the second floor terrace.

 

d.     The height of construction fencing at the front of the site is to be restricted so it will not obstruct views from the western adjoining neighbour throughout the period of construction

 

e.     Plant species along the eastern and western boundaries within the front setback shall be restricted to a height of 1.5m.

 

Condition (2a)

The original assessment required the deletion of the roof terrace on the northern side above the 1st floor level. This was considered to address the primary concerns in relation to potential visual and acoustic privacy impacts. Council’s DCP requires any trafficable roof space to be integrated with the built form and maintain satisfactory privacy relationship with the neighbouring dwellings. The objective of the control is to prevent roof top terraces that are stand alone and not directly linked horizontally to the dwelling as shown in Figure 1 below:

 

Figure 1: Example of roof terrace (Source: Randwick DCP 2013)

 

Condition (2b)

It’s considered that this window would have the potential to overlooking into the private open space or windows of the western adjoining neighbor and the condition should be retained.

 

Condition (2c)

Whilst the setback of the western boundary has increased with the amendments, a privacy screen is still required to mitigate potential privacy impacts.

 

Condition (2d)

Notwithstanding that the height of the front yard area has been lowered, the condition may be readily met whilst still ensuring that site is adequately protected during construction.

 

Condition (2e)

The lowest window sill of the neighbour to the west is RL70.69 which is 2.47m above the height of the ground level adjacent to the pool. In view of the lowering of this part of the site, the planting may be increased to a height of 1.5m which would address the potential view angles.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

 

Conclusion

 

The mediation session resulted in a number of amendments to the proposed development that have reduced the impacts on neighbouring residents. The application is recommended for approval (subject to conditions) for the reasons detailed in the attached Development Application Report.

 

Recommendation

 

That the RDAP grants development consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 891/2016 for demolition of the existing dwelling and construction of a new dwelling house with basement parking, at No. 343 Rainbow Street, South Coogee, 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

DA000 Rev 4

PA

10.04.2018

11/04/2018

DA50

PA

1/12/2016

6/12/2016

DA051 Rev 3

PA

10.04.2018

11/04/2018

DA070 Rev 3

PA

10.04.2018

11/04/2018

DA071 Rev 3

PA

10.04.2018

11/04/2018

DA080 Rev 3

PA

10.04.2018

11/04/2018

DA081

PA

1/12/2016

6/12/2016

DA100

PA

1/12/2016

6/12/2016

DA101

PA

1/12/2016

6/12/2016

DA102

PA

1/12/2016

6/12/2016

DA103 Rev 4

PA

10.04.2018

11/04/2018

DA104 Rev 4

PA

10.04.2018

11/04/2018

DA105 Rev 4

PA

10.04.2018

11/04/2018

DA300

PA

1/12/2016

6/12/2016

DA301 Rev 4

PA

10.04.2018

11/04/2018

DA302 Rev 3

PA

10.04.2018

11/04/2018

DA303 Rev 3

PA

10.04.2018

11/04/2018

DA304 Rev 3

PA

10.04.2018

11/04/2018

DA305 Rev 3

PA

10.04.2018

11/04/2018

DA400

PA

1/12/2016

6/12/2016

DA401 Rev 4

PA

10.04.2018

11/04/2018

DA402 Rev 4

PA

10.04.2018

11/04/2018

DA403 Rev 4

PA

10.04.2018

11/04/2018

DA404 Rev 4

PA

10.04.2018

11/04/2018

DA701

PA

1/12/2016

6/12/2016

DA702

PA

1/12/2016

6/12/2016

DA703

PA

1/12/2016

6/12/2016

DA704

PA

1/12/2016

6/12/2016

DA800

PA

1/12/2016

6/12/2016

DA801

PA

1/12/2016

6/12/2016

DA900 Rev 4

PA

10.04.2018

11/04/2018

DA901 Rev 3

PA

10.04.2018

11/04/2018

DA902

PA

1/12/2016

6/12/2016

DA910 Rev 3

PA

10.04.2018

11/04/2018

 

BASIX Certificate No.

Dated

Received by Council

769501S

5th December 2016

6th December 2017

 

Amendment of Plans & Documentation

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

 

a.     The rooftop deck over the northern built form and passage way must be deleted. The plans must be amended to align the outdoor terrace with the roof form above.

 

b.     A privacy screen shall be added to the western side of window W1.15 (on DA104) to prevent overlooking into the private open space or windows of the western adjoining neighbour.

 

c.     A privacy screen shall be added to the western side of the second floor terrace.

 

d.     The height of construction fencing at the front of the site is to be restricted so it will not obstruct views from the western adjoining neighbour throughout the period of construction

 

e.     Plant species along the eastern and western boundaries within the front setback shall be restricted to a height of 1.5m.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Section 94A Development Contributions and revised Quantity Survey

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.

 

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% from the cost of Quantity Survey Report 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.

 

Security Deposits

7.       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:

 

·           $5000.00 -  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.

 

Design Alignment Levels

8.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for the garage and pedestrian entrance shall be as follows:

 

·       Garage Entrance – RL 63.90 AHD

·       Pedestrian Entrance – RL 64.20 AHD

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $785.00 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.

 

Sydney Water

10.     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.

 

Sydney Water

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

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

12.     A site stormwater drainage system is to be provided in accordance with the following requirements (as applicable):

 

a)     The stormwater drainage system must be designed and constructed to satisfy the relevant requirements in the Building Code of Australia,

 

b)     Roof stormwater must be directed to a suitably designed and constructed rainwater tank, as required in the relevant BASIX Certificate for the dwelling,

 

c)     The overflow from the rainwater tank and other surface stormwater must be directed to a suitably designed sediment/silt arrestor pit which drains to Council’s kerb and gutter directly in front of the subject site,

 

d)     Details of the design and construction of the stormwater drainage system and sediment site arrestor pit/s must be submitted to and approved by the Certifying Authority with the Construction Certificate and all works are to be carried to the satisfaction of the Principal Certifying Authority.

 

13.     Sediment/silt arrestor pit/s are to be provided within the site at or near the street boundary prior to stormwater being discharged from the site. The sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements, to the satisfaction of the principal certifying authority:

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

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

·      A minimum of 4 x 90 mm diameter weep holes 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 located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

·      The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·      A sign adjacent to this pit stating that:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

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

14.     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.

 

Driveway Design

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

 

BASIX Requirements

16.     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.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Certification, PCA & other Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

18.     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

19.     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

20.     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

21.     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

22.     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.

 

Demolition & Construction Waste

23.     A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Public Utilities

24.     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.

 

Council Retaining Wall

25.     The submitted plans show removal of the Council retaining wall, located adjacent to the kerb line, up to in line with the sites western side boundary. Prior to removing any of the Council retaining wall the applicant/owner is to have approved by Council’s Engineering Services Coordinator the design and construction method of any new retaining wall and planter walls located on Council’s verge.

 

Note: The new retaining walls are to be designed by a suitably qualified Structural Engineer with full structural details including footing details and handrail details.

 

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

26.     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

27.     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

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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.

 

34.     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.

 

35.     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

36.     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

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

 

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

 

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

 

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

 

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

 

Tree Management

38.     Approval is granted for the removal of only those trees located within the area occupied by the approved works, as detailed in this development consent.  Requests for the removal (or pruning) of any of the remaining trees on the site are subject to separate application under Council’s Tree Preservation Order.

 

39.     The owner/applicant is required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

Undergrounding of Power

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

 

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

41.     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

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

 

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

 

Swimming Pool Safety

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

 

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

 

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

 

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

 

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

 

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

 

Spa Pool Safety

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

 

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

 

Swimming Pool & Spa Pool Requirements

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

 

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

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

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

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

 

Notification of Swimming Pools & Spa Pools

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

 

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

b)     Replace any damaged kerb/guttering along the site frontage due to demolition/construction works. The works are to be to Council’s specifications and requirements.

 

48.     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.

 

49.     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

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

 

Landscaping

51.     The PCA must ensure that landscaping within the site is installed substantially in accordance with the submitted Landscape Plan by Buck & Simple Drwg No DA080 Rev 1 Dated 01.12.16, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

52.     The landscaping provisions shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and landscaping is to be maintained in accordance with the approved plans and specifications.

 

53.     The applicant/owner is to liaise with Council’s Landscape Development Officer prior to undertaking any planting on Council’s verge to ensure the proposed planting will meet Council’s requirements. The landscaping of the Council verge is to be to the satisfaction of Council’s Landscape Development Officer. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

55.     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

56.     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

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

 

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

 

Swimming/Spa Pools

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

 

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

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

 

Air Conditioners

59.     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

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

A1      Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

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

 

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

 

A2      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.

 

A3      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.

 

A4      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.

 

A5      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.

 

A6      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.

 

A7      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.

 

A8      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.

 

A9      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).

 

A10     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.

 

A11     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.

 

A12     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.

 

A13     Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

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

 

 

Attachment/s:

 

1.

343 Rainbow Street, South Coogee (DA/891/2016) -OCM  10 October, 2017

 

2.

DA - Compliance Report - 343 Rainbow Street, SOUTH COOGEE

 

 

 

 


343 Rainbow Street, South Coogee (DA/891/2016) -OCM  10 October, 2017

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


DA - Compliance Report - 343 Rainbow Street, SOUTH COOGEE

Attachment 2

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

   



[1] sourced from the Centre For Affordable Housing, Local Government Housing Kit