Randwick Development Assessment Panel Meeting
Thursday 31 May 2018
Administrative Centre 30 Frances Street Randwick 2031
Telephone: 1300 722 542
Fax: 02 9319 1510
ELECTRONIC CONSIDERATION OF DEFERRED MATTERS
The report contained in this busies paper was circulated to panel members to be dealt with electronically, pursuant to cl 26 of Schedule 2 of the Environmental Planning and Assessment Act 1979.
Expert Members: Julie Savet Ward; Oliver Klein
Community Representatives: Kerri Hamer (Central Ward)
Quorum: Three (3) members
Development Application Reports
D47/18 51 Chester Avenue, Maroubra (DA/329/2017) (DEFERRED ITEM)................. 1
Acting Director City Planning
Development Application Report No. D47/18
Subject: 51 Chester Avenue, Maroubra (DA/329/2017) (DEFERRED ITEM)
Folder No: DA/329/2017
Proposal: Demolition of existing dwelling, construction of a 3 storey residential flat building containing 10 dwellings, basement car parking for 11 cars, landscaping and associated works
Ward: Central Ward
Applicant: Sgammotta Architects
The subject application was considered at the Randwick Development Assessment Panel (RDAP) meeting on 12 April 2018. At the meeting, it was resolved that the application be deferred to enable the applicant to address the following reasons for deferral:
“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 considers that the emerging character in the immediate part of Chester Avenue is one with an 8m external wall height and a setback upper level (for example, 47 Chester Avenue).
Whilst the Panel does not in principle object to the breach in the building height control, the upper floor level should be redesigned to ensure that the development is in keeping with the character in the immediate area and to reduce the overshadowing impacts on units 2 and 3 of 53 Chester Avenue. Preferably units 9 and 10 should be combined to provide a 2 bedroom unit to improve the diversity of unit mix.
Furthermore, deep soil planting calculations should be checked and the potential to reduce the floor plate of the basement carpark to accommodate additional deep soil planting along the southern boundary considered.
Determination of the application is, therefore, deferred for the applicant to provide further information on the above matters within 3 weeks.”
The applicant submitted the amended plans and revised shadow diagrams on 2 May 2018 in response to Panel’s resolution. In summary, the following amendments have been made:
· Units 9 and 10 on Level 2 have been combined into a single 2 bedroom unit (now known as Unit 9). In addition, part of the western wall and southern wall of the new Unit 9 have been increased by 1,190mm and 1,085mm respectively.
· Provision of permeable paving to the front entry path.
Apart from the changes to the setbacks, the amended proposal will result in a reduction of the total number of dwellings from 11 to 10 and also reduces the total gross floor area by 2.85sqm.
In addition to the above, the applicant has provided additional justification in response to the solar access and deep soil area calculation, which is provided under separate cover.
In terms of solar access, the amended proposal with additional setbacks from the front and southern boundaries will result in minor improvement to solar access to the southern neighbours. The revised shadow diagrams appear to show that the extent of shadowing to the southern neighbours would be similar to a building having 8m wall height and 2.5m side setback.
The applicant has indicated that the proposal provides a total deep soil area of 173.77sqm, which equates to 27.1% of the site area. The proposed permeable paving to the front entry path is approximately 8.4sqm, which represents 4.8% of the total deep soil area and is within the 10% threshold allowable under Part 3E of the Apartment Design Guide. Notwithstanding, if the proposed permeable paving is excluded from the deep soil area calculation, the proposal would still provide 165.37sqm of deep soil area, which equates to 25.8% of the site area and complies with the DCP control.
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.
The applicant has provided the amended plans in response to the Panel’s resolution and the application is recommended for approval subject to conditions listed below.
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 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 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. 329/2017 for the demolition of existing structures and construction of a 3 storey residential flat building containing 10 dwellings with basement parking for 11 cars at No. 51 Chester Avenue, Maroubra, subject to the following development consent conditions:
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:
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) All habitable room windows on the northern and southern elevations of the building shall be replaced with alternative window types as per the recommendation by the Design Excellence Panel. The windows must incorporate appropriate privacy measures to minimise cross viewing and overlooking to adjoining properties. Details of compliance including amended BASIX Certificate (if applicable) are to be submitted to and approved by Council’s Development Assessment prior to the issue of Construction Certificate.
(b) Privacy screens having a height of 1.6m (measured above the balcony level) shall be provided to northern and southern sides of the rear balconies for Units 7 & 8 and northern side of the rear balcony for Unit 10.
Privacy screens must be constructed with either:
· Translucent or obscured glazing (The use of film applied to the clear glass pane is unacceptable);
· Fixed lattice/slats with individual openings not more than 30mm wide;
· Fixed vertical or horizontal louvres with the individual blades angled and spaced appropriately to prevent overlooking into the private open space or windows of the adjacent dwellings.
(c) Details of the design of the secured bicycle parking spaces at ground floor level and south east of the common building entry foyer are to be submitted with the Construction Certificate to demonstrate the provision for two (2) secured bicycle parking spaces.
(d) Details of the location of the air-conditioning system for each dwelling shall be submitted to and approved by Council’s Manager Development Assessment prior to the issue of Construction Certificate.
(e) Details of the fencing on all boundaries (other than the fencing allowable under Exempt Development Code) shall be submitted to and approved by Council’s Manager Development Assessment prior to the issue of Construction Certificate.
(f) The landscape plans shall be amended to include three (3) evergreen canopy trees along the rear boundary. The amended landscape plan must be submitted to and approved by Council’s Manager Development Assessment prior to the issue of Construction Certificate.
3. The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.
External Colours, Materials & Finishes
4. The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.
Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development. Please note that the building shall be finished in highly durable materials which have muted, natural tones, textures and colours.
Section 7.12 Development Contributions
5. In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $3,335,000 the following applicable monetary levy must be paid to Council: $33,350.
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 9093 6999 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
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 Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.
6. A development compliance and enforcement fee of $3,350 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.
Long Service Levy Payments
7. The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 6.8 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.
8. 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 4.17 of the Environmental Planning and Assessment Act 1979:
· $5,000.00 - Damage / Civil Works Security Deposit
The 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 works which confirms that there has been no damage to Council's assets and infrastructure.
The developer/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 and other assets 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 Development Engineer upon issuing of an occupation certificate or completion of the civil works.
Sydney Water Requirements
9. All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.
The approved plans must be submitted to the Sydney Water Tap in™ online service, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met.
The Sydney Water Tap in™ online service replaces the Quick Check Agents as of 30 November 2015
The Tap in™ service provides 24/7 access to a range of services, including:
· Building plan approvals
· Connection and disconnection approvals
· 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:
The Principal Certifying Authority must ensure that the developer/owner has submitted the approved plans to Sydney Water Tap in online service.
10. 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.
Street Tree Management
11. The applicant must submit a payment of $855.25 (including GST) to cover the following costs:
a. For Council to remove, stump-grind and dispose of the existing street tree from Council’s Chester Avenue verge, Metrosideros excelsa (Pohutakawa), hard up against the western edge of the existing vehicle crossing, so as to accommodate the works, which will also include a new public footpath to be constructed just to its east;
b. For Council to supply, plant and maintain 1 x 25 litre street tree, Cupaniopsis anacardioides (Tuckeroo) back on the Chester Avenue verge, an equal distance between the southern edge of the new vehicle crossing/basement entry ramp and southern site boundary, so as to be consistent with the rest of this streetscape.
This fee must be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre prior to a Construction Certificate being issued for the development.
The applicant must contact Council’s Landscape Development Officer on 9093-6613 (quoting the receipt number), and giving at least four working weeks notice (allow longer for public holidays or extended periods of rain) to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement.
After this, any further enquiries regarding scheduling/timing or completion of works are to be directed to Council’s South Area Tree Preservation & Maintenance Coordinator on 9093-6843.
Compliance with the Building Code of Australia & Relevant Standards
12. In accordance with section 4.17 (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).
13. 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.
14. In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.
The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.
The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.
Site stability, Excavation and Construction work
15. 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.
16. A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required
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.
17. The garbage room shall be sized to contain a total of 12 x 240 litre bins (comprising 5 garbage bins & 5 recycle bins & 2 green waste bins) and with adequate provisions for access to all bins. Details showing compliance are to be included in the construction certificate.
18. 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.
19. 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.
20. 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 AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.
Design Alignment levels
21. 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:
Southern Pedestrian Entrance – RL 26.35 AHD.
Southern Edge Driveway Entrance – Match the top of the Council kerb level opposite the southern edge of the driveway.
Northern Edge Driveway Entrance - Match the top of the Council kerb level opposite the northern edge of the driveway.
The design alignment levels at the property boundary as issued by Council must be indicated on the building plans for the construction certificate (a construction note on the plans is considered satisfactory). The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.
22. The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $853.00 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.
23. The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.
The height of the building must not be increased to satisfy the required driveway gradients.
24. Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:
a) A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.
b) A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.
c) The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:
i. Roof areas
ii. Paved areas
iii. Grassed areas
iv. Garden areas
d) Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as: the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.
e) Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.
f) The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.
25. The site stormwater drainage system is to be provided in accordance with the following requirements;
a) The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.
b) The stormwater must be discharged (by gravity) either:
i. Directly to the kerb and gutter in front of the subject site in Chester Avenue; or
ii. To a suitably designed infiltration system (subject to confirmation in a full geotechnical investigation that the ground conditions are suitable for the infiltration system),
· Infiltration will not be appropriate if the site is subject to rock and/or a water table within 2 metres of the base of the proposed infiltration area, or the ground conditions comprise low permeability soils such as clay.
· If the owner/applicant is able to demonstrate to Council that he/she has been unable to procure a private drainage easement through adjoining premises and the ground conditions preclude the use of an infiltration system, a pump-out system may be permitted to drain the portion of the site that cannot be discharged by gravity to Council’s street drainage system in front of the property.
Pump-out systems must be designed by a suitably qualified and experienced hydraulic consultant/engineer in accordance with the conditions of this consent and Council's Private Stormwater Code.
Site seepage & Dewatering
26. The development must comply with the following requirements to ensure the adequate management of site seepage and sub-soil drainage:
a) Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to Council’s street gutter or underground drainage system
b) Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).
c) The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.
d) Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.
e) Details of the proposed stormwater drainage system including methods of tanking the basement levels and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.
27. 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 Taylor Brammer Landscape Architects, dwg’s LA00 – D01, issue A, dated 18/05/17 received by council on 2 November 2017.
Certification and Building Inspection Requirements
28. 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
29. In accordance with section 4.17 (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.
30. 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
31. A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:
· location and construction of protective 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
32. A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/work health and safety requirements.
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
33. 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.
34. 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.
35. A public utility impact assessment must be carried out on all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works. The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.
36. 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.
Inspections during Construction
37. Building works are required to be inspected by the Principal Certifying Authority, in accordance with section 6.5 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
38. 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
39. 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
40. 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
41. In accordance with section 4.17 (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
42. Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom.
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.
43. 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
44. 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.
· 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
45. 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.
46. 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
47. Building, demolition and associated site works must be carried out in accordance with the following requirements:
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.
48. 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.
49. There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.
Site Seepage & Stormwater
50. Details of the proposed connection and or disposal of any site seepage, groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineering Coordinator, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.
Details must include the following information:
· Site plan
· Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system
· Volume of water to be discharged
· Location and size of drainage pipes
· Duration, dates and time/s for the proposed works and disposal
· Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997
· Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines
· Copy of any required approvals and licences from other Authorities (e.g. A water licence from the Department of Planning/Department of Water & Energy).
· Details of compliance with any relevant approvals and licences
Road/Asset Opening Permit
51. 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 1300 722 542 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.
52. Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.
53. All work, including the provision of any barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.
54. All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.
55. Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.
56. Due to their small size and insignificance, no objections are raised to removing any vegetation throughout the subject site where necessary so as to accommodate the works as shown, including the Mango located centrally in the front setback, as well as the small Frangipani adjacent the northwest corner of the existing dwelling, subject to full implementation of the approved landscaping.
Occupation Certificate Requirements
57. 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.
Fire Safety Certificates
58. 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.
59. 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.
BASIX Requirements & Certification
60. In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that any relevant BASIX commitments and requirements have been satisfied.
Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Principal Certifying Authority and Council upon issuing an Occupation Certificate.
Noise Control Requirements & Certification
61. The operation of plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.
In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Environment Protection Authority (EPA) Noise Control Guidelines.
62. A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environment Protection Authority (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.
A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.
Street and/or Sub-Address Numbering
63. 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.
Council’s Infrastructure, Vehicular Crossings & Road Openings
64. The owner/developer must meet the full cost for a Council approved contractor to:
a) Construct a full width heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the premises to Council’s specifications and requirements.
b) Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.
c) Construct a new concrete footpath along the full site frontage. Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specifications and requirements.
65. 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.
66. 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.
Sydney Water Requirements
67. A Section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator. For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.
Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate whichever the sooner.
Undergrounding of Power
68. At no cost to Council, the existing overhead power feed between the nearest mains distribution pole in Chester Avenue and the development site shall be relocated to an underground (UGOH) connection. All work shall be to the requirements and satisfaction of Ausgrid.
69. 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 system is maintained and that no works which could affect the design function of the detention/infiltration 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.
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.
70. 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).
71. 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.
72. The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully waterproofed/tanked to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent. There must be no dry weather seepage/groundwater flows discharging to Council’s street gutter.
73. Prior to issuing any type of Final 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 Taylor Brammer Landscape Architects, dwg’s LA00 – D01, issue A, dated 18/05/17 received by council on 2 November 2017.
74. 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.
75. 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.
76. 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.
77. The waste storage areas shall be clearly signposted.
Use of parking spaces
78. 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.
79. 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.
Stormwater Detention/Infiltration System
80. The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.
Residential Parking Allocation
81. The Development is to have the basement car spaces allocated meeting the following requirements:
1 Bedroom Units - Each 1 bedroom unit is to have at least 1 car space
Studio Apartments - 3 of the Studio Apartments are to be allocated a car space each.
Visitor Car Spaces - 2 car spaces are to be allocated as visitor or car spaces.
Note: Any future strata subdivision application is to reflect the above parking allocation requirements.
82. The Development site is to have By Laws created with any future Strata Subdivision which requires the Body Corporate of the Development to ensure that the Landscape Courtyards and Common Property Areas are maintained in a healthy state and in general accordance with the approved Landscape Plan for the Development (DA/329/2017 – Taylor Brammer Landscape Architects) and relevant conditions of the consent.
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 can issue your Construction Certificate and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent and relevant building regulations. 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 4.55 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 6971.
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 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.
A12 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.
A13 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.
A14 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.
51 Chester Avenue, Maroubra (DA /329/ 2017) - RDAP Meeting 12/04/2018
51 Chester Ave Maroubra Development Consent Conditions (medium density residential) (DA/329/2017)