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MINUTES OF Randwick Development Assessment Panel Meeting of the Council of the City of Randwick HELD ON Thursday, 10 May 2018 AT 1:00pm

 

Present:

Chairperson:                                       Lindsay Fletcher

Expert Members:                                Jason Perica; Peter Romey

Community Representatives:            Sarah Kelly (East Ward)

Council Officers present:

Acting Director City Planning                              Mr K Kyriacou

Acting Manager Development Assessment            Mr F Ko

Coordinator Development Assessment                 Mr R Quinton

Executive Planner                                            Ms E FitzRoy

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Nil.

Address of RDAP by Councillors and members of the public

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

Address of RDAP by Councillors

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

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

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

 

Councillor        Kathy Neilson

 

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

 

Councillor        Murray Matson

 

Address of RDAP by members of the public

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

 

Applicant           Mr Mark Swain (representing the applicant)

 

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

 

Objector            Mr Mark Onslow                       

 

Applicant           Mr Andrew Jones (representing the applicant)

 

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

 

Objector            Ms Simone Wright                            

 

Applicant           Mr George Karavanas (representing the applicant)

 

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

 

Objector            Ms Jenny Askin (representing the objector)          

 

Applicant           Mr Eoin Daniels

 

The meeting was adjourned at 2.03pm and was resumed at 4.03pm.

 

Development Application Reports

 

D11/18     Development Application Report - 374-376 Arden Street, South Coogee (DA/659/2017)

 

REASONS:

The Panel has visited the site and reviewed the assessment report prepared by Council officers that addresses the relevant matters detailed in Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

For the reasons outlined in the assessment report, and noting that the development reduces the non-compliances with the development standard, the Panel supports the exception to the development standard under Clause 4.6 of Randwick Local Environmental Plan 2012 and adopts the recommendation for approval in the report.

 

This matter is considered fundamental to the determination.

 

RESOLUTION:

A.     That the RDAP supports the exception to the minimum lot size development standard pursuant to 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, noting in particular it does not create any additional dwellings and will not adversely affect the amenity of the locality and there are sufficient environmental planning grounds to justify the variation.

 

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 alterations and additions to existing dwelling and shop and modification to existing strata plan at No. 374-376 Arden Street, South Coogee, subject to the development consent conditions attached to the assessment report.

 

CARRIED Unanimously.

 

 

D12/18     Development Application Report - 169-181 Dolphin Street, Coogee (DA/238/1998/D)

 

REASONS:

The Panel has visited the site, considered the submissions and reviewed the assessment report prepared by Council officers that addresses the relevant matters detailed in Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

For the reasons outlined in the assessment report, the Panel adopts the recommendation in the report subject to the amendments outlined below.

 

Notwithstanding the comments from the NSW Police, the panel also considered submissions from the public and the applicant and formed the opinion that the provision of fences/barriers around the footway dining area may compromise public accessibility and add unnecessary visual impact. Consequently, condition 4  has been amended to delete the requirement for a fence/planter boxes.

 

It is also noted that all references to a formal license agreement with Council should be amended to require simply a formal agreement in accordance with recent changes to Council policy.

 

The panel noted that its support of the application is subject to a trial period and the submission of acoustic reports during the trial period to verify the impacts.

 

The panel also noted that there were some structures located adjacent to the existing seating area that were not in accordance with the existing consent and recommends that Council investigate this matter further.

 

RESOLUTION:

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 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) and operating hours 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 completed during the summer months) 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 during peak operations (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 registered proprietor shall enter into a new formal 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 agreement.

 

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

 

Failure to comply may result in a breach of the 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 formal Agreement.

 

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.

 

·           Replace exiting condition 4 with the following:

 

4.    The footway dining area shall be delineated through the provision of appropriate paving markers.

 

CARRIED Unanimously.

 

Jason Perica supported the overall resolution, although was of the view that only one acoustic report was necessary given the relatively short trial period

 

 

 

D13/18     Development Application Report - 131 Mount Street, Coogee (DA/266/2015/C)

 

The Panel has visited the site, considered the submissions and reviewed the assessment report prepared by Council officers that addresses the relevant matters detailed in Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

The panel noted that the applicant tabled amended plans at the meeting and requested that those amended plans be approved or the matter be deferred.

However, the panel is unable to consider amended plans without a proper assessment including appropriate consultation with objectors. The panel considers that the appropriate process is for the applicant to submit a new section 4.55 application.

 

The panel’s reasons for refusal are outlined in the resolution below:

 

RESOLUTION:

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, for the following reasons:

 

1.     The proposed modifications may be considered to result in a development that is not substantially the same as the development for which the consent was originally granted given that fundamental aspects of the proposal have been modified that were central to the original determination for approval.

 

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.

 

5.     Approval of the modification in its current form would not be in the public interest as it would undermine public confidence in the integrity of the planning process and controls.

 

CARRIED Unanimously.

 

 

 

D14/18     Development Application Report - 137 Carrington Road, Coogee (DA/35/2018)

 

REASONS:

The Panel has visited the site, considered the submissions and reviewed the assessment report prepared by Council officers that addresses the relevant matters detailed in Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

For the reasons outlined in the assessment report, the Panel supports the exception to the height of buildings development standard under Clause 4.6 of Randwick Local Environmental Plan 2012 and adopts the recommendation for approval in the report.

 

RESOLUTION:

A.     That the RDAP supports the exception to the development standard pursuant to Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.3 of Randwick Local Environmental Plan 2012, relating to the height of buildings, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality and there are sufficient environmental planning grounds to justify the variation.

 

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 the assessment report.

 

CARRIED Unanimously.

 

 

 

D15/18     Development Application Report - 343 Rainbow St, South Coogee (DA/891/2016)

 

REASONS:

The Panel has visited the site, considered the submissions and reviewed the assessment report prepared by Council officers that addresses the relevant matters detailed in Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

 

For the reasons outlined in the assessment report, the Panel adopts the recommendation in the report with an additional condition that requires the pool coping and adjoining deck to be lowered from RL 68.22 (AHD) to RL 67.82 (AHD)

 

The panel notes that the applicant did not support the lowering of the pool due to the resulting requirement for additional stairs between the dwelling and the pool area.

 

The panel also considered the possibly of requiring a reduction in height of the whole front pavilion, but decided not to require this amendment given the that the front pavilion complies with the height requirement and was not raised as a critical issue for neighbours through the mediation process. Notwithstanding, the applicant may wish to consider such an amendment in order to improve solar access to the guest bedroom and kitchen area.

 

The panel has deleted recommended conditions 2b and 2c given that they were imposed for benefit of the neighbouring property to the west at 341 Rainbow Street, who have requested that they be deleted. The applicant also previously sought deletion of these conditions as outlined in the assessment report.

 

RESOLUTION:

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 conditions in the assessment report and the following amendment to condition 2:

 

Amendment of Plans & Documentation

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

 

a.     The rooftop deck and associated perimeter planter over the northern pavilion together with the bridge must be deleted and these areas made non-trafficable.

                                                                        

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.

 

b.     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

 

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

 

d.     The pool coping and adjoining deck shall be lowered from RL 68.22 (AHD) to RL 67.82 (AHD).

 

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 and associated perimeter planter over the northern pavilion together with the bridge must be deleted and these areas made non-trafficable.

                                                                        

b.     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

 

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

 

d.     The pool coping and adjoining deck shall be lowered from RL 68.22 (AHD) to RL 67.82 (AHD).

 

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 mea+sures 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.

 

CARRIED Unanimously.

 

Miscellaneous Reports

Nil.  

 

The meeting closed at 4.20pm.

 

 

 

 

 

 

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CHAIRPERSON