BUSINESS PAPER

 

 

 

 

 

 

 

 

 


Randwick Local Planning Panel

Meeting

 

 

 

Thursday 8 November 2018      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Randwick City Council		1300 722 542
30 Frances Street			council@randwick.nsw.gov.au
Randwick NSW 2031			www.randwick.nsw.gov.au
 



Randwick Local Planning Panel            8 November 2018

 

 

 

 

 

 

 

 

 


Randwick Local Planning Panel

 

Notice is hereby given that a Randwick Local Planning Panel meeting of the Council of the City of Randwick will be held in the Council Chamber, 1st Floor 90 Avoca Street Randwick on

Thursday, 8 November 2018 at 1pm

 

 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of RLPP by Councillors and members of the public

Privacy warning;

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

Urgent Business

Development Application Reports

D84/18         17 Mulwarree Avenue, Randwick (DA/784/2017)............................................................ 1

D85/18         105 Wentworth Street, Randwick (DA/286/2018).......................................................... 71

D86/18         24 Church Street, Randwick (DA/177/2018)............................................................... 135

D87/18         2 Ada Street, Randwick (DA/375/2018)..................................................................... 207

D88/18         11 Hooper Street, Randwick (DA/907/2015/A)........................................................... 297

D89/18         169-181 Dolphin Street, Coogee (DA/436/2018)......................................................... 313

D90/18         212 Arden Street, Coogee (DA/427/2016/B).............................................................. 349

Miscellaneous Reports

M4/18          Planning Proposal: 819-829 Anzac Parade, Maroubra................................................ 357     

 

 

 

 

…………………………………………………….

Kerry Kyriacou

Director City Planning


Randwick Local Planning Panel            8 November 2018

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D84/18

 

Subject:                      17 Mulwarree Avenue, Randwick (DA/784/2017)

Folder No:                      DA/784/2017

Author:                          Planning Ingenuity, Pty Ltd     

 

Proposal:                       Demolition of all structures on site and construction of four storey residential flat building comprising 7 dwellings, basement car park for 8 cars, strata subdivision, associated site and landscaped works.

Ward:                             North Ward

Applicant:                      CSA Architects Pty Ltd

Owner:                           Fratsia Holdings Pty Ltd

Summary

Recommendation:          Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Executive summary

 

The application is referred to the Randwick Local Planning Panel (RLPP) as the development is subject to SEPP 65.

 

Proposal

 

The development application seeks consent for the demolition of all structures on the site, tree removal and construction of a four (4) storey residential flat building over basement car parking.  The residential flat building is to contain 7 apartments with:

 

·         2 x one-bedroom apartments at ground floor level;

·         2 x one-bedroom apartments at Level 1;

·         2 x one-bedroom apartments at Level 2; and

·         1 x two bedroom apartment at Level 3.

 

The basement will have capacity for 8 cars using a car stacker parking system, a waste store room, store room and bicycle parking.  Vehicle access for the basement is a single lane width from Mulwaree Avenue.

 

Site Description and Locality

 

The site is located on the eastern side of Mulwarree Avenue and is legally identified as Lot 5 in DP11916. The lot is a rectangular shape with a frontage to Mulwarree Avenue of 10.975m and side boundaries of 38.125m.  The total site area is 418.42m2.

 

The site currently contains a single storey brick and tile dwelling with a single garage at the lower level. The site contains a number of small shrubs and trees.

 

Figure 1: Existing dwelling on the site

 

Development on the eastern side of Mulwarree Avenue is a mix of single storey brick dwellings, and two, three and four storey residential flat buildings. The property to the south at No. 19 Mulwarree Avenue contains a single storey dwelling with a detached carport in the front setback (Figure 2).

 

Figure 2: No. 19 Mulwarree Avenue (to the south of the site)

 

To the north of the site is a single storey dwelling house with single garage on the lower level, similar to the dwelling on the subject site (Figure 3).

 

Figure 3: No. 15 Mulwarree Avenue (to the north of the site)

 

On the western side of Mulwarree Avenue is a large student accommodation development containing a number of residential flat buildings, known as Mulwarree Apartments.

 

The land to the west of the site contains four storey residential flat buildings known as No. 16 Prince Street (Figure 4).

 

 

Figure 4: Looking west from the driveway of No. 16 Prince Street

 

Relevant history

 

The application was considered by the Design Review Panel (the Panel) in November 2017 prior to lodgement and in February 2018 after lodgement.  The Panel’s recommendations and comments are summarised as follows:

 

·         External wall height non-compliance and four storey appearance is not supported;

·         Communal open space should be provided at the required size in the form of a stepped garden in the rear yard;

·         Unit 2 has low amenity due to a lack of light and ventilation; and

·         The gateway structure at the front boundary should be deleted or significantly reduced.

 

The Panel requested that the amended plans be referred back to them for comment once received.

 

A request for additional information was provided to the applicant on 1 February 2018 and 16 May 2018 to address:

 

·         A groundwater assessment report is required as identified by the geotechnical investigation report submitted with the DA;

·         Confirmation that each bedroom window is 10% the floor area of the room;

·         Details on the performance solutions for fire rating of the windows, travel distances in the basement to an exit and the location of the fire hydrant booster;

·         Provide 25% of the site area as communal open space and demonstrate that suitable privacy is provided to Unit 2 from the communal open space;

·         Demonstrate solar access and amenity to Unit 2;

·         Amend the plans to comply with the external wall height control of 10.5m;

·         Provide Section A-A and B-B plans indicating floor to ceiling heights for all habitable rooms;

·         Amended plans to include dimensions, setbacks and ground levels;

·         Delete the gateway structure in the front setback;

·         Provide a waste management plan; and

·         The Bay Tree and Avocado Tree in the rear yard can be removed.

 

Amended plans and additional information were submitted on 22 June 2018 (RAI-01 to 29 Revision B dated 21 June 2018). The amendments to the plans included:

 

·         Modification to the units arrangement from 4 x 1 bedroom, 1 x 2 bedroom and 1 x 3 bedroom units (6 in total) to 6 x 1b units and 1 x 2b unit (7 in total);

·         An increase in communal open space from 15.8% to 21.3%;

·         Increased street setback at the top floor from 11.1m to 13.2m;

·         Reduced wall height; and

·         Modification to the schedule of materials.

 

The additional information has been submitted and has been addressed in this assessment report.

 

The Panel reviewed the amended plans at a meeting on 6 August 2018 and their comments are summarised as follows:

 

“SCALE AND BUILT FORM

The proposal is a four-storey building; its immediate neighbours on either side are single storey homes. The proposal complies with the overall height control and FSR.  The applicant has successfully modified and refined the form of the brick volume that makes up the lowest three levels of the building, simplifying the elements and improving its streetscape appearance.  The topmost floor has been pulled back from the Mulwarree Avenue considerably, so its impact when viewed from directly in front of the site has been reduced. Though the applicant again maintains that the wall height control is respected the roof form effectively continues the wall plane upwards, presenting an imposing form when viewed obliquely.  This is particularly critical given the narrowness of the block and the proximity of the neighbouring buildings, a condition which will remain even if these properties are redeveloped.  The Panel reiterates its comments offered in the pre-DA session, that the proposal should read more as a three-storey building with top floor accommodation within an expressed roof. 

 

Though the material changes, the building is still clearly expressed as a 4-storey building. A setback on the 4th level should be incorporated

 

The Panel feels that the top floor needs to be further refined to be read as spaces under a thin floating roof with the walls of the top floor recessed in from the external alignment of the side brick walls. The mass of the top floor should be also lower to the south, particularly over the internal stairs.  As previously stated, this amendment may require relocating the toilets further into the main mass of the building, reducing or eliminating the powder room. 

 

The front (west) alignment could be pushed out marginally to make up for any floor space lost in adjusting the southern wall alignment.  The top floor living spaces could still have more extensive glazing, which would reinforce the legibility of the top floor as a roof space.”

 

Amended plans were submitted on 13 August 2018 (RAI-03 Revision C) following the comments by the Panel. The amendments included:

 

·         Increasing the setback of the top floor from the southern boundary by 270mm and altered the pitch of the south side roof;

·         The vertical slats on the south side have been recessed so as not to protrude beyond the wall;

·         A glass roof added over the central core;

·         Amended roof profile, window and detailing in the top floor; and

·         Photovoltaic panels added to the roof.

 

Revision C of the DA plans form the basis of this assessment report.

 


 

Submissions

 

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

 

·         Cowper Street, Randwick

·         7/16 Prince Street, Randwick

·         18 Prince Street, Randwick

·         3/16 Prince Street, Randwick

 

Issue

Comment

View impacts from Cowper Street as a result of four storeys

The proposed development will not be visible from Cowper Street as it is located 85m south of the site to the nearest intersection.

Noise from building works

Conditions of consent have been recommended limiting work to the hours of 7am to 5pm (Mon-Fri), 8am to 5pm (Sat), Sunday & public holidays - No work permitted.

 

In addition, excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like are limited to

 

·         Monday to Friday - 8.00am to 1.00pm only

·         Saturday, Sunday & public holidays - No work permitted

The design of the building does not fit with surrounding homes

Council’s Design Excellence Panel has reviewed the proposal and raises no issues with the design or external appearance of the building. The character of the area will evolve to the height and density afforded under the Randwick planning controls.

Overshadowing to the eastern neighbour

The shadow cast by the proposal to the east is limited to a small communal area (containing paving and clothes lines) along the shared rear boundaries of the properties between 3pm and 4pm during midwinter. The eastern neighbour will continue to receive solar access the rest of the day during midwinter.

Privacy impacts to units to the east

The proposed building complies with the rear setback control of 6m and the privacy of adjoining neighbours is not considered to be significantly affected. Refer to discussion in the Key Issues section of this report.

The existing retaining wall on the rear boundary is unsafe

Conditions of consent have been recommended in relation to site excavation and retaining walls.

Tree removal

The trees proposed for removal are supported by Council’s Landscape Officer and will be replaced with suitable species as indicated on the Landscape Plan approved as part of the application.

Impact of excavation on neighbouring properties

Conditions of consent have been recommended in relation to site excavation.

Variation to controls:

Communal open space

Setbacks

Basement walls

Wall height

Amended plans were re-notified to neighbours on 17 August 2018 which amended the design as follows:

 

·         Increasing the setback of the top floor from the southern boundary by 270mm and altered the pitch of the south side roof;

·         The vertical slats on the south side have been set in so as not to protrude beyond the wall;

·         A glass roof added over the central core;

·         Amended roof profile, window and detailing in the top floor; and

·         Photovoltaic panels added to the roof.

 

The amount of communal open space is considered sufficient for the small number of units in the building. Refer to discussion in the Key Issues section of this report.

 

In accordance with the DCP controls, the setbacks are assessed on merit due to the width of the site and are considered appropriate in this case. Refer to discussion in the Key Issues section of this report.

 

The basement walls are constructed to the side boundaries and Council’s engineer has raised no issue with the proposal subject to conditions of consent.

 

The wall height has been amended to comply with a wall height envelope and has been discussed in the Key Issues section of this report.

 

Estimated development value should require referral to the Panel

The application is required to be determined by the Randwick Development Assessment Panel as it is a residential flat building.

Views to trees on Mulwarree Avenue

Views to the trees on Mulwaree Avenue will be retained form properties to the west over the top of the proposed building and in the setbacks between buildings on Mulwaree Avenue.

 

The amended plans were re-notified and the following submissions were received as a result of the second notification period, which took place between 17 August and 31 August 2018:

 

·         3/16 Prince Street, Randwick (resubmitted original objection)

·         5/16 Primce Street, Randwick (same submission as 3/16 Prince Street)

·         7/16 Prince Street (resubmitted original objections)

 

These submissions reiterated the issues raised in the original submissions and have been addressed in the table above.

 

Key Issues

 

The proposal generally complies with the relevant ADG, LEP and DCP controls, with the exception of the area of communal open space (ADG) and external wall height (DCP) controls. Each are addressed below and in Section 3 of this report.

 

Apartment Design Guide – area of communal open space

The proposal complies with all the ADG controls, with the exception of the area of communal open space. The ADG requires 25% of the site area to be provided as communal open space and the proposal provides 21% (a 16m2 shortfall). Despite the minor shortfall, the area provided as communal open space is supported as it is primarily located at the rear of the site with a northern orientation and meets the requirement for at least 2 hours of solar access to more than 50% of the area during midwinter.

 

The proposed development has been designed with each unit contains a private open space area that meets the ADG controls. The Design Guidelines of the ADG acknowledge development in dense urban areas may not be able to provide the full 25% and supports development on sites close to public open space and facilities. The site is located less than 1km from Centennial Park to the north.

 

The numerical variation to the communal open space control is supported. The proposal satisfies the objective 3D-1 of the ADG which seeks to ensure “An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping”.

 

Randwick DCP:

 

External Wall Height

The proposal has external wall heights up to 11.1m which exceeds the 10.5m maximum external wall height control by 600mm in the RDCP for Medium Density Residential development for buildings that are subject to the 12m maximum overall height of building standard in the RLEP. The following figures indicate the proposed building relative to a compliant wall height envelope and the extent of the wall height breach:

 

Figure 5: Wall height envelope in Section

 

Figure 6: Wall height breach (elevation)

 

An assessment is required against the following objectives (in italics) of the control:

 

·         To ensure that the building form provides for interesting roof forms and is compatible with the streetscape.

 

The wall height controls supplement the RLEP (notably the maximum overall height of buildings standard) to ensure that development provides for a suitable number of storeys and encourages interesting roof forms suitable to the streetscape. The proposal is a contemporary design and provides an interesting form whilst being compatible with the streetscape.

 

The encroachments above the maximum wall height control are a response to the natural topography of the site sloping from the rear boundary to the street. Given the topography of the site and the bulk and scale of other development in the surrounding area, it is considered that the degree to which the control is exceeded is minor and the building form has been minimised as far as practical by reducing the floor plate of the top level, using different materials and finishes on the top floor to ensure it is visually recessive and increasing the setback of the top floor from the front of the levels below.

 

Overall, having regard to bulk and scale, the proposal sits comfortably within the site and the streetscape.

 

·         To ensure ceiling heights for all habitable rooms promote light and quality interior spaces.

 

The proposal has 2.7m floor to ceiling heights compliant with the minimum required under the Apartment Design Guide (ADG). The proposal also meets the solar and cross ventilation guidelines contained in the ADG.

 

·         To control the bulk and scale of development and minimise the impacts on the neighbouring properties in terms of overshadowing, privacy and visual amenity.

 

The proposed bulk and scale is considered to be appropriately controlled as demonstrated by the compliance with the following standards and controls/provisions:

 

- Overall height standard in the RLEP;

- Floor space ratio standard in the RLEP;

- Front, side and rear setbacks in the RDCP; and

- Site coverage, Landscaping and deep soil areas.

 

The proposal will not have an adverse impact on neighbouring properties as:

 

-     The greatest non-compliance is located on the northern elevation of the building and does not contribute to any greater overshadowing than a compliant building;

-     In terms of the neighbour’s visual amenity, the proposal contains a building form that is largely compliant with the envelope and spatial controls applying to medium density development.

-     The proposals also contains suitable articulation achieved by stepping in elevations, side setbacks that are larger than minimum required under the RDCP and uses a mix of materials; and

-     With regard to the privacy of neighboring properties, the non-compliant sections of the wall contain highlight bedroom windows which will not contribute to overlooking.

 

The non-compliance can be supported as the proposal meets the objectives of the control despite the numerical non-compliance.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:            Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application for demolition of existing house and construction of a new residential flat building (7 units) with basement car park be approved (subject to conditions) for the following reasons:

 

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

 

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

 

 

 

 

 

 


 

Detailed Assessment

1.         Section 4.15 matters for consideration

 

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

 

Section 4.15 ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

 

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

 

The proposed residential flat building with basement carparking is consistent with the scale and density of development permissible in the area.

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

Nil.

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

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

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

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

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

The proposal promotes the relevant objectives of the zone for medium density housing and will not result in any significant adverse environmental, social or economic impacts on the locality or to neighbours subject to recommended conditions. Accordingly, the proposal is considered to be in the public interest.

 


 

2.         Relevant Environment Planning Instruments

 

2.1        State Environmental Planning Policies (SEPPS)

 

State Environmental Planning Policy (Building Sustainability Index: BASIX)

A BASIX Certificate has been submitted with the development application and demonstrates that the proposal will achieve the required water efficiencies and thermal comfort requirements.

 

State Environmental Planning Policy No.55 (Remediation of Land)

The site has a long history of use for residential purposes and the proposal will continue the residential use of the site.  There are no historic uses which would indicate the site is likely to be contaminated.  The proposed works will not increase the likely risk of exposure of humans or the environment to contamination risks. 

 

The geotechnical investigation submitted with the application indicated that excavation for the development will be in sand and rock and no ground water was encountered during the site investigation.

 

Notwithstanding some seepage waters are likely to be encountered at the soil/rock interface especially during periods of wet weather. Conditions have therefore been included to waterproof/tank the basement structures.

 

The requirements of SEPP 55 have been satisfied.

 

State Environmental Planning Policy No.65 (Design Quality of Residential Apartment Development) and the Apartment Design Guide

SEPP No. 65 seeks to improve the design quality of residential flat buildings.  There are nine design principles which must be incorporated into new, or substantially altered, residential flat buildings. The applicant has submitted a SEPP 65 design verification report prepared by a registered architect which seeks to demonstrate compliance with the nine design principles. It is considered that the proposal satisfactorily addresses the relevant design principles.

 

SEPP No. 65 sets out minimum design requirements for floor to ceiling heights, apartment sizes and the provision of on-site car parking.  The proposal is compliant with these requirements.

 

In conjunction with SEPP No. 65, the requirements of the Apartment Design Guide should be met to demonstrate that the development will provide a high quality design, a high standard of accommodation for future occupants as well as protecting the amenity of adjoining properties.  The following table is a summary of the assessment of the proposal in terms of compliance with the ADG.

 


TABLE 2: SEPP No. 65 Apartment Design Guide – Compliance Table

ADG - Design Criteria

Proposal

Complies

Communal and Public Open Space

Communal open space has a minimum area equal to 25% of the site (120.25m2).

 

Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter).

 21.3%

 

 

 

 

More than 50% of the COS will receive sunlight between 10am and 3pm midwinter.

On merit – refer to discussion following this table

Yes

Deep Soil Zones

Deep soil zones are to meet the following minimum requirements:

Site Area

Minimum Dimension

Deep Soil Zone (% of site area)

Less than 650m2

-

7% (33.67m2)

The provision of deep soil is approximately 102m2 (24.5%). Noting no minimum dimension applies.

 

 

Yes

 

Visual Privacy

Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

 

Building Height

Habitable Rooms and Balconies

Non-habitable rooms

Up to 12m (4 storeys)

6m

3m

Randwick Comprehensive Development Control Plan 2013 (RDCP 2013) applies reduced setbacks for residential flat buildings.

 

See the DCP compliance table below for further details.

 

No – See DCP Compliance table where compliance is achieved.

Solar Access and Daylight

Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter

 

All apartments have living room windows and private open space areas which received at least 2 hours of direct sunlight in midwinter.

 

 

 

 

No apartments are without sunlight.

 

Yes

 

 

 

 

 

 

 

 

Yes

Natural Ventilation

At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed

 

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line

 

All apartments (100%) can be naturally cross ventilated.

 

 

 

 

 

 

No cross over or cross through apartments.

 

Yes

 

 

 

 

 

 

 

N/A

Ceiling Height

Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

·         Habitable Rooms – 2.7m

·         Non-habitable rooms – 2.4m

 

 

Floor to ceiling heights = 2.7m minimum

 

 

Yes

 

Apartment Layout

Apartments are required to have the following minimum internal areas:

·         Studio - 35m2

·         1 Bedroom - 50m2

·         2 Bedroom - 70m2

·         3 Bedroom - 90m2

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m2 each.

 

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

 

Master bedrooms have a minimum area of 10m² and other bedrooms 9m² (excluding wardrobe space).

 

Bedrooms have a minimum dimension of 3m (excluding wardrobe space).

 

Living rooms or combined living/dining rooms have a minimum width of:

       3.6m for studio and 1 bedroom apartments

 

 

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts

 

All apartments meet the minimum floor area requirements except for Unit 7 which is 69.4m2 (2B unit) and the equivalent of 0.6m2. A condition of consent has been included to comply.

Unit 7 provides an additional WC but itself does not equate to 5sqm and so can be supported.

 

 

 

All rooms have windows that comply with the requirements of the ADG.

 

 

 

All rooms comply with minimum area and dimension requirements of the ADG.

 

All bedrooms have a minimum dimension of 3m.

 

Each apartment has a minimum width of living rooms which exceeds 3.6m.

Each apartment has a width exceeding 4m.

 

N/A

 

On merit

 

 

 

 

 

 

On merit

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

Yes

 

 

N/A

Environmental Performance

Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window.

 

Proposed apartments have open plan layouts combining living, dining and kitchen. The maximum living room depth is less than 8m from a window.

 

Yes

Open Space

All apartments are required to have primary balconies as follows:

 

·         1 Bedroom - 8m2 (Minimum depth of 2m)

·         2 bedroom – 10m2 (Minimum depth of 2m)

·         3 bedroom – 12m2 (Minimum depth of 2m)

 

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m2 and a minimum depth of 3m.

 

 

 

 

1B apartments have a balcony of at least 8m2.

2B apartment has a balcony of at least 11m2.

NA

 

Both ground floor apartments have courtyard spaces which exceed minimum requirements. Unit 1 has two separate courtyards that combined exceed 15sqm, with the larger courtyard located to the north of the dwelling for solar access.

 

 

 

 

Yes

 

Yes

 

NA

 

Yes

Common Circulation Space

The maximum number of apartments off a circulation core on a single level is eight.

 

 

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40

 

There is a maximum of 2 apartments sharing a circulation core.

 

The building is less than 10 storeys.

 

Yes

 

 

 

N/A

Storage

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

·         Studio - 4m³

·         1 Bedroom - 6m³

·         2 Bedroom - 8m³

·         3 Bedroom - 10m³

At least 50% of the required storage is to be located within the apartment.

 

Each apartment is provided with storage and a detailed schedule is to be provided with the Construction Certificate.

 

Yes

 

Communal Open Space

The proposal complies with all the ADG controls, with the exception of the area of communal open space. The ADG requires 25% of the site area to be provided as communal open space and the proposal provides 21% (a 16m2 shortfall). Despite the minor shortfall, the area provided as communal open space is supported as it is primarily located at the rear of the site with a northern orientation and meets the requirement for at least 2 hours of solar access to more than 50% of the area during midwinter. The proposed communal open space provides necessary facilities with solar access ensuring good opportunity for social interaction

 

The proposed development has been designed so that each unit contains a private open space area that meets the ADG controls. The Design Guidance of the ADG acknowledges that communal open space may be difficult to be provided for developments on smaller allotments and supports development on sites close to public open space and facilities. In this respect, the site is located less than 1km from Centennial Park to the north.

 

In considering the above, the variation from the communal open space requirements is acceptable and the area will comply with the design guidance of Part 3D-1: Communal open space.   

 

The numerical variation to the communal open space control is supported. The proposal satisfies the objective 3D-1 of the ADG which seeks to ensure “An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping”.

 

2.2        Randwick Local Environmental Plan 2012 (LEP)

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

 

The proposal is consistent with the specific objectives of the zone which are:

 

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

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

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

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

·         To protect the amenity of residents.

·         To encourage housing affordability.

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

 

The proposed activity and built form will provide 1 and 2 bedroom apartments within a building which protects the amenity of adjoining neighbours, the streetscape and the character of the area.

 

The following Clauses of RLEP 2012 apply to the proposal:

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.9:1

0.897:1

Yes

Height of Building (Maximum)

12m

12m

Yes

 

3.        Randwick Comprehensive DCP 2013

 

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

 

The non-compliances with the DCP are discussed below.

 

External Wall Height Non-Compliance

The proposal has external wall heights up to 11.1m exceeding (by 1.1m) the 10.5m maximum external wall height control in the RDCP for Medium Density Residential development that is subject to 12m maximum overall height of building standard in the RLEP.

 

An assessment is required against the following objectives (in italics) of the control:

 

·         To ensure that the building form provides for interesting roof forms and is compatible with the streetscape.

 

The wall height controls supplement the RLEP (notably the maximum overall height of buildings standard) to ensure that development provides for a suitable number of storeys and encourages interesting roof forms suitable to the streetscape. The proposal is a contemporary design and the flat roof is consistent with more recent developments in the locality.

 

The encroachments above the maximum wall height control are a response to the natural topography of the site sloping from the rear boundary to the street. Given the topography of the site and the bulk and scale of other development in the surrounding area, it is considered that the degree to which the control is exceeded is minor and the building form has been minimised as far as practical by reducing the floor plate of the top level, using different materials and finishes on the top floor to ensure it is visually recessive, increasing the setback of the top floor from the front of the levels below.

 

Overall, having regard to bulk and scale, the proposal sits comfortably within the site and the streetscape.

 

·         To ensure ceiling heights for all habitable rooms promote light and quality interior spaces.

 

The proposal has 2.7m floor to ceiling heights compliant with the minimum required under the Apartment Design Guide (ADG). The proposal also meets the solar and cross ventilation guidelines contained in the ADG.

 

·         To control the bulk and scale of development and minimise the impacts on the neighbouring properties in terms of overshadowing, privacy and visual amenity.

 

The proposed bulk and scale is considered to be appropriately controlled as demonstrated by the compliance with the following standards and controls/provisions:

 

- Overall height standard in the RLEP

- Floor space ratio standard in the RLEP

- Front, side and rear setbacks in the RDCP

- Site coverage, Landscaping and deep soil areas.

 

The proposal will not have an adverse impact on neighbouring properties as:

 

-     The greatest non-compliance is located on the northern elevation of the building and does not contribute to any greater overshadowing than a compliant building;

-     In terms of the neighbour’s visual amenity, the proposal contains a building form that is largely compliant with the envelope and spatial controls applying to medium density development. The proposals also contains suitable articulation achieved by stepping in elevations, side setbacks that are larger than minimum required under the RDCP and uses a mix of materials; and

-     With regard to the privacy of neighboring properties, the non-compliant sections of the wall contain highlight bedroom windows which will not contribute to overlooking.

 

The non-compliance can be supported as the proposal meets the objectives of the control despite the numerical non-compliance.

 

Solar Access to adjoining property

The site has an east-west orientation and as such is north of No. 19 Mulwarree Ave. The applicant has submitted existing and proposed shadow diagrams at hourly intervals between 8am and 4pm during midwinter.

 

This analysis of the shadow impacts of the proposed development indicates compliance with the DCP control that states:

 

“Solar access for surrounding development

 

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

 

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

 

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

 

The diagrams (Sheets RAI-2-, 21 and 22 Revision B) indicate the following for the north-facing windows of No. 19:

 

 

Existing solar access

Proposed solar access

8am

Nil

Nil

9am

Nil

Nil

10am

Small section of first north-facing window

Nil

11am

¾ of first north-facing window

Nil

12pm

Most of first north-facing window and part of street-facing window

Most of street facing window

1pm

Most of first north-facing and street facing window

Most of first north-facing and street facing window

2pm

Most of first north-facing and street facing windows and ¾ of second window

Most of first two north-facing and street facing windows

3pm

Most of first two north-facing and street facing windows

Most of first two north-facing and street facing windows

4pm

Most of first two north-facing and street facing windows

Most of first two north-facing and street facing windows

 

The shadow diagrams in plan view also indicate the existing and proposed overshadowing to the private open space area of No. 19 Mulwarree Ave , and it is demonstrated that the southern adjoining site will continue to receive sunlight to more than 50% of the rear yard between 11am and 3pm (refer to Sheets RAI-17, 18 and 19 Revision B).

 

The proposal demonstrates compliance with the solar access controls of the DCP.

 

3.1        Section C2 Medium Density Residential

The relevant provisions of the DCP are addressed below.

 

B7

Transport, Traffic, Parking and Access

3.

Parking & Service Delivery Requirements

 

Car parking requirements:

1 space per 2 studios

1 space per 1-bedroom unit (over 40m2)

1.2 spaces per 2-bedroom unit

1.5 spaces per 3- or more bedroom unit

1 visitor space per 4 dwellings

 

 

N/A

1 x 6 = 6 spaces

 

1.2 x 1 = 1.2 spaces

N/A

 

¼ x 7 = 1.75 spaces

 

Total 8.95 spaces required.

 

8 spaces provided.

Council’s Development Engineer supports the minor shortfall, which would be for the visitor space. Refer to Engineer’s comments in Section 4 of this report.

 

Motor cycle requirements:

5% of car parking requirement

 

No motorbike parking is required.

Complies.

4.

Bicycles

 

Residents:

1 bike space per 2 units

Visitors:

1    per 10 units

 

3.5        spaces

 

1 space

 

5 spaces required

5 spaces provided

Complies

 

C2

Medium Density Residential

2

Site Planning

2.1

Site Layout Options

Site layout and location of buildings must be based on a detailed site analysis and have regard to the site planning guidelines for:

·         Two block / courtyard example

·         T-shape example

·         U-shape example

·              Conventional example

Conventional layout is proposed.

Satisfactory for the site and its context.

2.2

Landscaped open space and deep soil area

2.2.1

Landscaped open space

 

A minimum of 50% of the site area (208m2) is to be landscaped open space.

 

238.85sqm or 57%

Complies

2.2.2

Deep soil area

 

(i)     A minimum of 25% of the site area (104m2) should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting.

24.5% of the site is deep soil zone.  Deep soil areas in the front and rear setbacks have sufficient dimensions to support canopy trees.

Satisfies ADG requirement of 7%.

 

(ii)    Deep soil areas must be located at ground level, be permeable, capable for the growth of vegetation and large trees and must not be built upon, occupied by spa or swimming pools or covered by impervious surfaces such as concrete, decks, terraces, outbuildings or other structures.

Deep soil areas are at ground level and capable of supporting canopy trees.

Complies

 

(iii)   Deep soil areas are to have soft landscaping comprising a variety of trees, shrubs and understorey planting.

A variety of landscaping is provided on the site.

Complies

 

(iv)   Deep soil areas cannot be located on structures or facilities such as basements, retaining walls, floor slabs, rainwater tanks or in planter boxes.

Not proposed.

Complies.

 

(v)    Deep soil zones shall be contiguous with the deep soil zones of adjacent properties.

Deep soils zones are provided in the front and rear setbacks.

Complies

2.3

Private and communal open space

2.3.1

Private open space

 

Private open space is to be:

(i)     Directly accessible from the living area of the dwelling.

(ii)    Open to a northerly aspect where possible so as to maximise solar access.

 

 

 

(iii)   Be designed to provide adequate privacy for residents and where possible can also contribute to passive surveillance of common areas.

All private open space areas are directly adjacent to and accessible from open plan living rooms and will receive direct solar access either in the morning or afternoon.

Each private open space area is well separated from the site boundaries and perimeter landscaping enhances the separation.

Privacy screens are also to be provided on balconies to assist with privacy at the discretion of future residents.

Complies.

 

For residential flat buildings:

(vi)   Each dwelling has access to an area of private open space in the form of a courtyard, balcony, deck or roof garden, accessible from with the dwelling.

(vii)  Private open space for apartments has a minimum area of 8m2 and a minimum dimension of 2m.

Every apartment has an area of private open space.

 

 

 

 

Complies with ADG requirements.

Complies

2.3.2

Communal open space

 

 

 

Communal open space for residential flat building is to be:

(a)    Of a sufficient contiguous area, and not divided up for allocation to individual units.

 

 

 

 

(b)   Designed for passive surveillance.

(c)    Well oriented with a preferred northerly aspect to maximise solar access.

(d)   adequately landscaped for privacy screening and visual amenity.

(e)    Designed for a variety of recreation uses and incorporate recreation facilities such as playground equipment, seating and shade structures.

 

 

Communal open space is provided at the front and rear of the building to provide opportunity for morning or afternoon solar access.

Units 2, 4, 6 and 7 overlook the COS.

The COS has a northern orientation.

 

Adequate landscaping is proposed.

 

Can accommodate seating and other facilities.

 

 

Complies

 

 

 

 

 

 

Complies

 

Complies

 

 

Complies

 

 

Complies.

3

Building Envelope

3.1

Floor space ratio

 

0.9:1 required by the LEP

0.897:1 proposed

Complies

3.2

Building height

 

12m required by the LEP

12m

Complies.

3.3

Building depth

 

For residential flat buildings, the preferred maximum building depth (from window to window line) is between 10m and 14m.

Any greater depth must demonstrate that the design solution provides good internal amenity such as via cross-over, double-height or corner dwellings / units.

 

Building depth to each module does not exceed 10m.

Complies

3.4

Setbacks

3.4.1

Front setback

(i)        The front setback on the primary and secondary property frontages must be consistent with the prevailing setback line along the street.

Notwithstanding the above, the front setback generally must be no less than 3m in all circumstances to allow for suitable landscaped areas to building entries.

(ii)       Where a development is proposed in an area identified as being under transition in the site analysis, the front setback will be determined on a merit basis.

(iii)      The front setback areas must be free of structures, such as swimming pools, above-ground rainwater tanks and outbuildings.

(iv)      The entire front setback must incorporate landscape planting, with the exception of driveways and pathways.

 

Front setback to balconies is aligned with the setback established between the two neighbouring dwellings and the front façade of the building is recessed behind the edge of the balconies.

 

Appropriate setback proposed.

 

 

 

 

Complies.

 

 

Complies.

 

Complies

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

Complies.

 

 

Complies.

 

 

 

3.4.2

Side setback

 

Residential flat building

 

(i)        Comply with the minimum side setback requirements stated below:

-     <12m site frontage width: merit assessment

(ii)       Incorporate additional side setbacks to the building over and above the above minimum standards, in order to:

-     Create articulations to the building facades.

-     Reserve open space areas and provide opportunities for landscaping.

-     Provide building separation.

-     Improve visual amenity and outlook from the development and adjoining residences.

-     Provide visual and acoustic privacy for the development and the adjoining residences.

-     Ensure solar access and natural ventilation for the development and the adjoining residences.

(iii)      A fire protection statement must be submitted where windows are proposed on the external walls of a residential flat building within 3m of the common boundaries. The statement must outline design and construction measures that will enable operation of the windows (where required) whilst still being capable of complying with the relevant provisions of the BCA.

 

 

Min. 2m to external wall (excludes privacy screens on northern elevation as per DCP measurement rules)

Appropriate articulation to side facades is provided with variable setbacks, window treatments and changes in materials, colours and finishes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conditions are recommended for a fire protection statement to be submitted with the Construction Certificate.

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Condition

 

 

 

3.4.3

Rear setback

 

For residential flat buildings, provide a minimum rear setback of 15% (5.7m) of allotment depth or 5m, whichever is the greater.

Minimum 6m

Complies

4

Building Design

4.1

Building façade

 

 

(i)        Buildings must be designed to address all street and laneway frontages.

(ii)       Buildings must be oriented so that the front wall alignments are parallel with the street property boundary or the street layout.

(iii)      Articulate facades to reflect the function of the building, present a human scale, and contribute to the proportions and visual character of the street.

(iv)      Avoid massive or continuous unrelieved blank walls. This may be achieved by dividing building elevations into sections, bays or modules of not more than 10m in length, and stagger the wall planes.

(vi)      Conceal building services and pipes within the balcony slabs.

 

Street front units address Mulwarree Ave.

Front façade is parallel to the Mulwarree Ave boundary.

 

 

Front façade is well articulated with balconies, balustrades and screens.

 

 

No large areas of blank walls.

 

 

 

 

 

All services concealed.

Complies

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

4.2

Roof design

 

 (i)       Design the roof form, in terms of massing, pitch, profile and silhouette to relate to the three dimensional form (size and scale) and façade composition of the building.

(ii)       Design the roof form to respond to the orientation of the site, such as eaves and skillion roofs to respond to sun access.

(iii)      Use a similar roof pitch to adjacent buildings, particularly if there is consistency of roof forms across the streetscape.

(iv)      Articulate or divide the mass of the roof structures on larger buildings into distinctive sections to minimise the visual bulk and relate to any context of similar building forms.

(v)       Use clerestory windows and skylights to improve natural lighting and ventilation of internalised space on the top floor of a building where feasible. The location, layout, size and configuration of clerestory windows and skylights must be sympathetic to the overall design of the building and the streetscape.

(vi)      Any services and equipment, such as plant, machinery, ventilation stacks, exhaust ducts, lift overrun and the like, must be contained within the roof form or screened behind parapet walls so that they are not readily visible from the public domain.

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

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

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

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

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

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

Roof form is generally flat and has minimal visual contribution to the overall building appearance.

 

Roof form is appropriate to minimise overall building height and bulk.

The roof ensures compliance with the height control.

 

The roof form is broken into modules.

 

 

 

 

Not required.

 

 

 

 

 

 

 

 

 

 

Complies.  Details to be submitted with the Construction Certificate.

 

 

 

 

 

No use of roof space is proposed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

Complies

 

 

 

 

 

Complies

 

 

 

 

On merit

 

 

 

Complies

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

4.3

Habitable roof space

 

Habitable roof space may be considered, provided it meets the following:

-     Optimises dwelling mix and layout, and assists to achieve dual aspect or cross over units with good natural ventilation.

-     Has a maximum floor space of 65% of the storey immediately below.

-     Wholly contain habitable areas within the roof space.

-     When viewed from the surrounding public and private domain, the roof form has the appearance of a roof. A continuous flat roof with habitable space within it will not satisfy this requirement.

-     Design windows to habitable roof space as an integrated element of the roof.

-     Submit computer generated perspectives or photomontages showing the front and rear elevations of the development.

N/A

N/A

4.4

External wall height and ceiling height

 

(ii)    Where the site is subject to a 12m building height limit under the LEP, a maximum external wall height of 10.5m applies.

The proposal exceeds the 10.5m limit by up to 1.1m on the northern elevation.

On merit (refer to discussion in Section 3)

 

(iii)   The minimum ceiling height is to be 2.7m for all habitable rooms.

Complies

Complies

 

4.5

Pedestrian Entry

 

 (i)       Separate and clearly distinguish between pedestrian pathways and vehicular access. 

 The common pedestrian pathway is located in the south west corner of the site and clearly links the common ground floor entry lobby with a secured access from Mulwarree Avenue.

Complies

 

 

(ii)       Present new development to the street in the following manner:

-     Locate building entries so that they relate to the pedestrian access network and desired lines.

-     Design the entry as a clearly identifiable element in the façade composition.

 

 

 

 

-     Integrate pedestrian access ramps into the overall building and landscape design.

-     For residential flat buildings, provide direct entries to the individual dwellings within a development from the street where possible.

-     Design mailboxes so that they are convenient to residents, do not clutter the appearance of the development at street frontage and are preferably integrated into a wall adjacent to the primary entry (and at 90 degrees to the street rather than along the front boundary).

-     Provide weather protection for building entries.

Postal services and mailboxes

(i)        Mailboxes are provided in accordance with the delivery requirements of Australia Post.

(ii)       A mailbox must clearly mark the street number of the dwelling that it serves.

(iii)      Design mail boxes to be convenient for residents and not to clutter the appearance of the development from the street.

 

 

 

Building entry linked by a clear, straight pathway from the street.

Building entry clearly identifiable as the recessed central circulation core that separates the east and west building modules.

Complies.

 

 

 

One street facing unit does not require separate entry on  a narrow lot.

 

 

Mailboxes are located on the northern side of the pedestrian entry, close to the street.

 

 

 

 

 

 

 

The common ground floor lobby and central access core is roofed and protected by side louvres.

 

Standard conditions will require the provision of appropriate mail boxes.

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Condition

4.6

Internal circulation

 

 (i)    Enhance the amenity and safety of circulation spaces by:

-      Providing natural lighting and ventilation where possible.

-      Providing generous corridor widths at lobbies, foyers, lift doors and apartment entry doors.

-      Allowing adequate space for the movement of furniture.

-      Minimising corridor lengths to give short, clear sightlines.

-      Avoiding tight corners.

-      Articulating long corridors with a series of foyer areas, and/or providing windows along or at the end of the corridor.

Common circulation spaces will have appropriate natural light and ventilation with louvred external treatments.  Corridor spaces are generous and have clear lines of sight.

Complies

 

(ii)       Use multiple access cores to:

-     Maximise the number of pedestrian entries along a street for sites with wide frontages or corner sites.

-     Articulate the building façade.

-     Limit the number of dwelling units accessible off a single circulation core on a single level to 6 units.

Not required.

Complies

 

(iii)   Where apartments are arranged off a double-loaded corridor, limit the number of units accessible from a single core or to 8 units.

N/A

N/A

4.7

Apartment layout

 

 (i)    Maximise opportunities for natural lighting and ventilation through the following measures:

-      Providing corner, cross-over, cross-through and double-height maisonette / loft apartments.

-      Limiting the depth of single aspect apartments to a maximum of 6m.

-      Providing windows or skylights to kitchen, bathroom and laundry areas where possible.

Providing at least 1 openable window (excluding skylight) opening to outdoor areas for all habitable rooms and limiting the use of borrowed light and ventilation.

All apartments achieve natural cross ventilation as all apartments have at least dual aspects with openable windows in both facades.

Complies

 

(ii)    Design apartment layouts to accommodate flexible use of rooms and a variety of furniture arrangements.

All apartments have simple room layouts which can accommodate a range of set outs.

Complies

 

(iii)   Provide private open space in the form of a balcony, terrace or courtyard for each and every apartment unit in a development.

All apartments have private open space.

Complies

 

(iv)   Avoid locating the kitchen within the main circulation space of an apartment, such as hallway or entry.

Kitchens appropriately located within the open plan living room areas.

Complies

4.8

Balconies

 

(i)         Provide a primary balcony and/or private courtyard for all apartments with a minimum area of 8m2 and a minimum dimension of 2m and consider secondary balconies or terraces in larger apartments.

 

All apartments have balconies that are compliant with the requirements of the ADG (which override the DCP provisions in this regard).

See ADG compliance table.

 

(i)         Provide a primary terrace for all ground floor apartments with a minimum depth of 4m and minimum area of 12m2. All ground floor apartments are to have direct access to a terrace.

 

Unit 1 has a courtyard that is compliant with the requirements of the ADG (which override the DCP provisions in this regard).

See ADG compliance table.

4.9

Colours, materials and finishes

 

 (i)       Provide a schedule detailing the materials and finishes in the development application documentation and plans.

(ii)       The selection of colour and material palette must complement the character and style of the building.

(iv)      Use the following measures to complement façade articulation:

-     Changes of colours and surface texture

-     Inclusion of lightweight materials to contrast with solid masonry surfaces

-     The use of natural stones is encouraged.

(v)       Avoid the following materials or treatment:

-     Reflective wall cladding, panels and tiles and roof sheeting

-     High reflective or mirror glass

-     Large expanses of glass or curtain wall that is not protected by sun shade devices

-     Large expanses of rendered masonry

-     Light colours or finishes where they may cause adverse glare or reflectivity impacts

(vi)      Use materials and details that are suitable for the local climatic conditions to properly withstand natural weathering, ageing and deterioration.

(vii)     Sandstone blocks in existing buildings or fences on the site must be recycled and re-used.

Colours, materials and finishes have been submitted with the DA. Materials and finishes on the top floor differentiate it from the lower levels.

Complies.

4.12

Earthworks Excavation and backfilling

 

 (i)     Any excavation and backfilling within the building footprints must be limited to 1m at any point on the allotment, unless it is demonstrated that the site gradient is too steep to reasonably construct a building within this extent of site modification.

(ii)      Any cut and fill outside the building footprints must take the form of terracing following the natural landform, in order to minimise the height or depth of earthworks at any point on the site.

(iii)     For sites with a significant slope, adopt a split-level design for buildings to minimise excavation and backfilling.

 

Excavation exceeding 1m is required for the basement car parking area.  Council’s Development Engineer has recommended appropriate conditions of consent for excavation.

Satisfactory

 

Retaining walls

(iv)      Setback the outer edge of any excavation, piling or sub-surface walls a minimum of 900mm from the side and rear boundaries.

(v)       Step retaining walls in response to the natural landform to avoid creating monolithic structures visible from the neighbouring properties and the public domain.

(vi)      Where it is necessary to construct retaining walls at less than 900mm from the side or rear boundary due to site conditions, retaining walls must be stepped with each section not exceeding a maximum height of 2200mm, as measured from the ground level (existing).

Council’s Development Engineer has recommended appropriate conditions of consent for retaining walls.

 

Satisfactory

5

Amenity

5.1

Solar access and overshadowing

 

Solar access for proposed development

 

(i)        Dwellings must receive a minimum of 3 hours sunlight in living areas and to at least 50% of the private open space between 8am and 4pm on 21 June.

All apartments will receive direct solar access compliant with the requirements of the ADG (which override the DCP provisions in this regard).

See ADG compliance table.

 

(ii)       Living areas and private open spaces for at least 70% of dwellings within a residential flat building must provide direct sunlight for at least 3 hours between 8am and 4pm on 21 June.

See above.

See above.

 

(iii)      Limit the number of single-aspect apartments with a southerly aspect to a maximum of 10 percent of the total units within a residential flat building.

No single aspect apartments.

Complies

 

(iv)      Any variations from the minimum standard due to site constraints and orientation must demonstrate how solar access and energy efficiency is maximised.

N/A

N/A

 

Solar access for surrounding development

 

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

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

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

Refer to discussion in Section 3.

Complies

5.2

Natural ventilation and energy efficiency

 

(i)     Provide daylight to internalised areas within each dwelling and any poorly lit habitable rooms via measures such as ventilated skylights, clerestory windows, fanlights above doorways and highlight windows in internal partition walls.

 All rooms have a window to an external wall.

Complies

 

(ii)    Sun shading devices appropriate to the orientation should be provided for the windows and glazed doors of the building.

All screens are to be louvered to allow for solar access.

Complies

 

(iii)   All habitable rooms must incorporate windows opening to outdoor areas. The sole reliance on skylight or clerestory windows for natural lighting and ventilation is not acceptable.

Complies

Complies

 

(iv)   All new residential units must be designed to provide natural ventilation to all habitable rooms. Mechanical ventilation must not be the sole means of ventilation to habitable rooms.

All apartments have at least dual aspects and can achieve natural cross ventilation.

Complies

 

(v)    A minimum of 90% of residential units should be naturally cross ventilated. In cases where residential units are not naturally cross ventilated, such as single aspect apartments, the installation of ceiling fans may be required.

Complies

Complies

 

(vi)   A minimum of 25% of kitchens within a development should have access to natural ventilation and be adjacent to openable windows.

 

All kitchens have an external window.

Complies

 

(vii)  Developments, which seek to vary from the minimum standards, must demonstrate how natural ventilation can be satisfactorily achieved, particularly in relation to habitable rooms.

N/A

N/A

5.3

Visual privacy

 

 (i)    Locate windows and balconies of habitable rooms to minimise overlooking of windows or glassed doors in adjoining dwellings.

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

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

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

(v)    Incorporate materials and design of privacy screens including:

-     Translucent glazing

-     Fixed timber or metal slats

-     Fixed vertical louvres with the individual blades oriented away from the private open space or windows of the adjacent dwellings

-     Screen planting and planter boxes as a supplementary device for reinforcing privacy protection

Windows are oriented to the front and rear and blade walls are proposed to side-facing windows.

Balconies are oriented to the front and rear.

 

 

 

 

 

Complies.

 

 

 

Privacy screens and blade walls provide privacy to balconies and courtyards.

 

 

 

 

Louvres and blade walls are proposed.

The lower parts of side-facing windows have been conditioned to be obscure glass on each elevation.

Complies

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

Complies

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

5.4

Acoustic privacy

 

 (i)    Design the building and layout to minimise transmission of noise between buildings and dwellings.

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

(iii)   Utilise appropriate measures to maximise acoustic privacy such as:

-     Double glazing

-     Operable screened balconies

-     Walls to courtyards

-     Sealing of entry doors

 

Acoustic privacy will be achieved through orienting living room windows and private open space areas to the street setback and the rear setback areas.

Complies

5.5

View sharing

 

 (i)       The location and design of buildings must reasonably maintain existing view corridors and vistas to significant elements from the streets, public open spaces and neighbouring dwellings.

(ii)       In assessing potential view loss impacts on the neighbouring dwellings, retaining existing views from the living areas should be given a priority over those obtained from the bedrooms and non-habitable rooms.

(iii)      Where a design causes conflicts between retaining views for the public domain and private properties, priority must be given to view retention for the public domain.

(iv)      The design of fences and selection of plant species must minimise obstruction of views from the neighbouring residences and the public domain.  

(v)       Adopt a balanced approach to privacy protection and view sharing, and avoid the creation of long and massive blade walls or screens that obstruct views from the neighbouring dwellings and the public domain.

(vi)      Clearly demonstrate any steps or measures adopted to mitigate potential view loss impacts in the development application.

There are no significant views afforded to surrounding properties.

Some submission received indicated potential view loss to the trees on Mulwarree Ave. The trees will be able to be seen form the properties to the west over the top of the building and between the buildings on Mulwarree Ave.

Complies

5.6

Safety and security

 

(i)        Design buildings and spaces for safe and secure access to and within the development.

 Entry points to the building can be appropriately secured and will have clear lines of site from exterior and interior locations within the development site.

Complies

 

(iii)      For residential flat buildings, provide direct, secure access between the parking levels and the main lobby on the ground floor.

Provided.

Complies

 

(iv)      Design window and door placement and operation to enable ventilation throughout the day and night without compromising security. The provision of natural ventilation to the interior space via balcony doors only, is deemed insufficient.

Can be achieved with secured private open space areas and openable windows that cannot be accessed from common areas.

Complies

 

(v)       Avoid high walls and parking structures around buildings and open space areas which obstruct views into the development.

No obstruction to lines of sight.

Complies

 

(vi)      Resident car parking areas must be equipped with security grilles or doors.

Security door to basement access.

Complies

 

(vii)     Control visitor entry to all units and internal common areas by intercom and remote locking systems.

Can be installed.

Complies

 

(viii)    Provide adequate lighting for personal safety in common and access areas of the development.

Can be installed to appropriate standards.

Complies

 

(ix)      Improve opportunities for casual surveillance without compromising dwelling privacy by designing living areas with views over public spaces and communal areas, using bay windows which provide oblique views and casual views of common areas, lobbies / foyers, hallways, open space and car parks.

Casual surveillance can be achieved from living rooms and private open spaces oriented to the street.

Complies

 

(x)       External lighting must be neither intrusive nor create a nuisance for nearby residents.

 

Can comply.  Details to be submitted with the Construction Certificate.

Satisfactory

 

(xi)      Provide illumination for all building entries, pedestrian paths and communal open space within the development.

 

See above

Satisfactory

6.1

Location

 

(i)     Car parking facilities must be accessed off rear lanes or secondary street frontages where available.

N/A

N/A

 

(ii)    The location of car parking and access facilities must minimise the length of driveways and extent of impermeable surfaces within the site.

Complies

Complies

 

(iii)   Setback driveways a minimum of 1m from the side boundary. Provide landscape planting within the setback areas.

Not required due to narrow site width.

N/A

 

(iv)   Entry to parking facilities off the rear lane must be setback a minimum of 1m from the lane boundary.

N/A

N/A

 

(v)    For residential flat buildings, comply with the following:

(a)     Car parking must be provided underground in a basement or semi-basement for new development.

(b)     On grade car park may be considered for sites potentially affected by flooding. In this scenario, the car park must be located on the side or rear of the allotment away from the primary street frontage.

(c)     Where rear lane or secondary street access is not available, the car park entry must be recessed behind the front façade alignment. In addition, the entry and driveway must be located towards the side and not centrally positioned across the street frontage.

 

 

Basement parking proposed.

 

 

 

N/A

 

 

 

 

 

 

 

 

The basement entry is recessed behind the front façade.

 

 

Complies

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Complies

6.2

Configuration

 

(i)     With the exception of hardstand car spaces and garages, all car parks must be designed to allow vehicles to enter and exit in a forward direction.

Complies.

Complies

 

(ii)    For residential flat buildings, the maximum width of driveway is 6m. In addition, the width of driveway must be tapered towards the street boundary as much as possible.

3.8m

Complies

 

(iv)   Provide basement or semi-basement car parking consistent with the following requirements:

(a)     Provide natural ventilation.

 

(b)     Integrate ventilation grills into the façade composition and landscape design.

(c)     The external enclosing walls of car park must not protrude above ground level (existing) by more than 1.2m. This control does not apply to sites affected by potential flooding.

(d)     Use landscaping to soften or screen any car park enclosing walls.

(e)     Provide safe and secure access for building users, including direct access to dwellings where possible.

(f)      Improve the appearance of car park entries and avoid a ‘back-of-house’ appearance by measures such as:

-     Installing security doors to avoid ‘black holes’ in the facades.

-     Returning the façade finishing materials into the car park entry recess to the extent visible from the street as a minimum.

-     Concealing service pipes and ducts within those areas of the car park that are visible from the public domain. 

 

 

 

 

The basement is naturally ventilated.

Complies.

 

 

 

Complies.

 

 

 

 

 

 

 

Landscaping is provided to screen the basement walls.

Security doors and access controls will be provided.

 

The basement entry is integrated into the building design and will have an acceptable streetscape appearance.

 

 

 

Complies

 

Complies

 

 

 

Complies

 

 

 

 

 

 

 

Complies

 

 

Complies

 

 

 

Complies

 

 

 

 

 

 

7

Fencing and Ancillary Development

7.1

Fencing

 

 (i)    Fences are constructed with durable materials that are suitable for their purpose and can properly withstand wear and tear and natural weathering.

(ii)    Sandstone fencing must not be rendered and painted.

(iii)   The following materials must not be used in fences:

-     Steel post and chain wire

-     Barbed wire or other dangerous materials

(ii)   Expansive surfaces of blank rendered masonry to street frontages must be avoided.

 

Rendered masonry and metal infill is proposed.

 

 

N/A

 

Not proposed.

 

 

 

 

Not proposed.

Complies

 

 

 

 

N/A

 

Complies

 

 

 

 

Complies

7.2

Front Fencing

 

(i)     The fence must align with the front property boundary or the predominant fence setback line along the street.

Complies

Complies

 

(ii)    The maximum height of front fencing is limited to 1200mm, as measured from the footpath level, with the solid portion not exceeding 600mm, except for piers. The maximum height of front fencing may be increased to 1800mm, provided the upper two-thirds are partially open, except for piers.

Max. 1.8m with open form proposed at the top of the fence.

Complies

 

(iii)   Construct the non-solid portion of the fence with light weight materials that are at least 30% open and evenly distributed along the full length of the fence.

Complies

Complies

 

(iv)   Solid front fence of up to 1800mm in height may be permitted in the following scenarios:

-  Front fence for sites facing arterial roads.

-  Fence on the secondary street frontage of corner allotments, which is behind the alignment of the primary street façade.

       Such solid fences must be articulated through a combination of materials, finishes and details, and/or incorporate landscaping, so as to avoid continuous blank walls.

Not proposed

N/A

 

(v)    The fence must incorporate stepping to follow any change in level along the street boundary. The height of the fence may exceed the aforementioned numerical requirement by a maximum of 150mm adjacent to any stepping.

The fence follows the slope of the land.

Complies

 

(vi)   The preferred materials for front fences are natural stone, face bricks and timber.

Rendered masonry and metal infill.

Satisfactory

 

(vii)  Gates must not open over public land.

Complies

Complies

 

(viii) The fence adjacent to the driveway may be required to be splayed to ensure adequate sightlines for drivers and pedestrians.

Not required.

N/A

7.3

Side and Rear Fencing

 

 (i)       The maximum height of side, rear or common boundary fences is limited to 1800mm, as measured from the ground level (existing). For sloping sites, the fence must be stepped to follow the topography of the land, with each step not exceeding 2200mm above ground level (existing).

(ii)       In the scenario where there is significant level difference between the subject and adjoining allotments, the fencing height will be considered on merits.

(iii)      The side fence must be tapered down to match the height of the front fence once pasts the front façade alignment.

(iv)      Side or common boundary fences must be finished or treated on both sides.

1.8m

Complies

7.6

Storage

 

 (i)       The design of development must provide for readily accessible and separately contained storage areas for each dwelling.

(ii)       Storage facilities may be provided in basement or sub floor areas, or attached to garages. Where basement storage is provided, it should not compromise any natural ventilation in the car park, reduce sight lines or obstruct pedestrian access to the parked vehicles.

(iii)      In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates:

(a)       Studio apartments – 6m3

(a)       1-bedroom apartments – 6m3

(b)      2-bedroom apartments – 8m3

(c)       3 plus bedroom apartments – 10m3

Refer to ADG controls.

N/A

7.7

Laundry facilities

 

 (i)       Provide a retractable or demountable clothes line in the courtyard of each dwelling unit.

Conditions are recommended.

Can comply

 

(ii)       Provide internal laundry for each dwelling unit.

Provided

Complies

 

(iii)      Provide a separate service balcony for clothes drying for dwelling units where possible. Where this is not feasible, reserve a space for clothes drying within the sole balcony and use suitable balustrades to screen it to avoid visual clutter.

N/A

N/A

7.8

Air conditioning units:

 

·         Avoid installing within window frames. If installed in balconies, screen by suitable balustrades.

·         Air conditioning units must not be installed within window frames.

AC units are located on each balcony.

Complies

 

4.         Referral Comments

 

4.1 Design Excellence Panel

 

SEPP 65 DESIGN REVIEW PANEL COMMENTS AND RECOMMENDATIONS:

The proposal is for the demolition of the existing house, and the construction of a new 4 storey apartment building, containing 7 units, with basement parking for 8 cars.  The proposal was the subject of a pre-DA meeting with Council, after which the applicant responded (in part) to comments offered at that meeting in the subsequent DA submission.  This proposal was reviewed by the Panel in February 2018.

 

Panel members are familiar with the site and the surrounding areaThe architect for this project is CSA Architects.

 

1.         CONTEXT AND NEIGHBOURHOOD CONTEXT

This site is in a dense residential neighbourhood with a mix of large single-family houses and 3 to 4 story mid-century apartment buildings, along with several new (and planned) apartment developments along nearby King Street.  Typical building heights in the area range from one to four storeys, with a relatively consistent historic built fabric of brick, inset expressed verandahs and pitched roofs across both houses and apartment blocks.  The most prominent feature of the site, and of the immediate surrounding area, is the stand of impressive mature fig trees along Mulwarree Avenue.  These trees are one of the major identifiable natural features of the neighbourhood and surrounding council area and should be understood as an asset for the development as well as the adjacent streetscape.

 

2.         SCALE AND BUILT FORM

The proposal is a four-storey building; its immediate neighbour’s on either side are single storey homes. The proposal complies with the overall height control and FSR.  The applicant has successfully modified and refined the form of the brick volume that makes up the lowest three levels of the building, simplifying the elements and improving its streetscape appearance.  The topmost floor has been pulled back from the Mulwarree Avenue considerably, so it’s impact when viewed from directly in front of the site has been reduced. Though the applicant again maintains that the wall height control is respected the roof form effectively continues the wall plane upwards, presenting an imposing form when viewed obliquely.  This is particularly critical given the narrowness of the block and the proximity of the neighbouring buildings, a condition which will remain even if these properties are redeveloped.  The Panel reiterates its comments offered in the pre-DA session, that the proposal should read more as a three-storey building with top floor accommodation within an expressed roof.  Though the material changes, the building is still clearly expressed as a 4-storey building. A setback on the 4th level should be incorporated

 

The Panel feels that the top floor needs to be further refined to be read as spaces under a thin floating roof with the walls of the top floor recessed in from the external alignment of the side brick walls. The mass of the top floor should be also lower to the south, particularly over the internal stairs.  As previously stated, this amendment may require relocating the toilets further into the main mass of the building, reducing or eliminating the powder room. 

 

The front (west) alignment could be pushed out marginally to make up for any floor space lost in adjusting the southern wall alignment.  The top floor living spaces could still have more extensive glazing, which would reinforce the legibility of the top floor as a roof space.

 

3.         DENSITY

The open stair has been successfully amended to function as a genuine breezeway.  The roof over the stair could be lowered considerably, which would reinforce the legibility of the building as two pavilions separated by a circulation gap.

 

The panel continue to support this density of development on the site, subject to the comments noted in this report being adequately addressed.

 

4.         SUSTAINABILITY

Given the amount of construction proposed on the site, water should not only be detained, but rainwater should be harvested, treated and re-used, for toilets, laundries and gardens.  Solar panels should be included on the roof for hot water and power generation.  The extensive flat roof should be utilised for solar panels for electricity generation as well as solar hot water.

 

Further considerations:

·         Ceiling fans for bedrooms and living areas should be indicated on the plans.

·         An outdoor clothes drying area should be included.

 

Planning comment: In response to the above, a BASIX certificate identifies compliance with the water use sustainability requirements. Ceiling fans are shown in each room and a condition is included requiring a clothes line in the rear communal open space area.

 

5.         LANDSCAPE

The amount of communal open space has been increased by 23m2.  While still not compliant, the Panel feels this is acceptable given the constraints imposed by the narrow site.

 

6.         AMENITY

The applicant has clearly illustrated that with the amendments, Unit 2 will receive sufficient sunlight penetration to its main living areas throughout the year.

 

7.         SAFETY

-            No safety issues.

 

8.         HOUSING DIVERSITY AND SOCIAL INTERACTION

The mix of smaller one and two-bedroom units is a positive addition to the area.

 

9.         AESTHETICS

Some further refinement of the overall building mass to be more legible as a 3-storey brick form with a lightweight roof is required.  The Panel appreciates the efforts made to improve the building form and its relationship to streetscape and context, but feel that the roof forms still do not contribute to the legibility of the building.

 

SUMMARY AND RECOMMENDATIONS

The panel is supportive of the proposal and the continued development in its architectural expression.  We would appreciate the opportunity to review the subsequent revised scheme, considering the above few comments.

 

Comments:

Amended plans were submitted on 13 August 2018 (RAI-03 Revision C) following the comments by the Panel. The amendments included:

 

·         Increasing the setback of the top floor from the southern boundary by 270mm and altered the pitch of the south side roof;

·         The vertical slats on the south side have been recessed so as not to protrude beyond the wall;

·         A glass roof added over the central core;

·         Amended roof profile, window and detailing in the top floor;

·         Ceiling fans provided in bedrooms and living areas; and

·         Photovoltaic panels added to the roof.

 

 

4.2     Engineering and Landscape

Amended plans have been received that include additional setting in of top wall from south, change to wall height and roof, alteration to vertical slats on south side, alteration to facade including changes to windows, & addition of photovoltaic roof panels.

 

Original proposal: Demolition of all structures on site and construction of four storey residential flat building comprising 6 dwellings, basement car park for 8 cars, strata subdivision, associated site and landscaped works.

 

This report is based on the following plans and documentation:

·         Amended Architectural Plans by CSA Architects dated 21st June 2018;

·         Statement of Environmental Effects by Navon Solutions dated December 2017;

·         Detail & Level Survey by Project Surveyors dated 29th June 2016;

·         Draft Strata Plans Issue A by surveyor Christopher Hill dated 31st October 2017;

·         Traffic & Parking Assessment by Terrafic Pty Ltd dated 9th December 2017;

·         Geotechnical report by Michael Adler and Associates dated 20th October 2017;

·         Arboricultural Impact Assessment by Complete Arborcare dated 20/10/17;

·         Landscape Planting Plan by Osmosis Designs, dwg LPP_01, rev D, dated 25/11/17.

 

General Comments

There are no objections to the proposal subject to the comments and conditions provided in this report

 

Parking Comments

Parking Requirements for the development have been assessed as per the rates specified in Randwick Council’s Development Control Plan 2013 Part B7.

 

Vehicle Parking

Vehicle Parking for multi-unit housing is to be provide at the following rates;

1 space per 1 bedroom unit

1.2 spaces per 2 bedroom unit

1 visitor space per 4 units (but none where development is less than 4 dwellings)

The amended development is for 7 units comprising of 6 x 1 bedroom + 1 x 2 bedroom.

Parking Required                 = (6 x 1) + (1 x 1.2) + 1(visitor)

                                           = 6.0 + 1.2 + 1(visitor)

                                           = 8.2 = say 8 spaces

Parking Provided                 = 8 spaces (complies)

 

Carstacker Comments

The head clearance above the proposed stacker pit is approximately 3.8m. This is sufficient to accommodate most vehicles within the stacker system. Development Engineering is satisfied that the proposed stacker system will operate to specifications provide within the design space available. A Wohr Parklift System 450 system is proposed.

Motorbike Parking

Motorbike Parking is to be provided at 5% of the vehicle parking requirement. Due to the low number of spaces motorbike parking requirements is less than 0.5 spaces and is therefore not required for this development.

 

Bicycle Parking

For Flats/multi dwelling bicycle parking to be provided at 1 space per 2 units plus 1 visitor space per 10 units

Bicycle parking required = 6/2 = 3 spaces (visitor bicycle parking not required for less than 10 units)

Bicycle parking provided = 3 spaces

 

Carpark Layout

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 Australian Standard 2890.1:2004.

There is a minor non-compliance on the internal driveway where the height clearance reduces to approximately 2.16m (2.20m is required under AS 2890.1). It is considered this can be addressed by decreasing the length of the 1 in 20 grade section of the internal driveway from 6m to 5m. Although not strictly compliant with AS 2890.1 it is considered this will have no impact on pedestrian safety or sightlines in this instance. A suitable condition has been included in this report.

 

Drainage Comments

The Planning Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

The stormwater must be discharged (by gravity) either:

 

i.      Directly to the kerb and gutter in front of the subject site in Mulwaree road; or

 

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

 

NOTE -On Site Detention is required for this development

 

Geotechnical Comments

The geotechnical investigation indicated that excavation for the development will be in sand and rock and no ground water was encountered during the site investigation.

 

Notwithstanding some seepage waters are likely to be encountered at the soil/rock interface especially during periods of wet weather. Conditions have therefore been included to waterproof/tank the basement structures.

 

Waste Management Comments

Comments on the number of Waste Bins

Council’s ‘Waste Management Guidelines for Proposed Developments’ specify a waste generation rate for multi-unit housing of 120L/unit/week for normal garbage and 60L/unit/week for recycling. Assuming a standard 240L bin this translates to 1 bin per two units for normal garbage (weekly collection) and 1 bin per two units for recycling (fortnightly collection)

 

For proposed development this will translate to 3 x 240L bins for garbage + 3 x 240L bins for recycling

 

As some landscape areas are also provided it is required that a minimum of 2 x 240L green waste bins also be provided.

 

Total Number of BINS           = 3 (normal) + 3 (recycling) + 2(green waste)

                                           = 8 x 240L BINS

 

Bins Provided = 8 bins (complies)

                            

The applicant is required to submit to Council and have approved by Council’s Director Planning, a Waste Management Plan (WMP) detailing waste and recycling storage and disposal for the development site.

 

 

Undergrounding of site feed power lines

At the ordinary Council meeting on the 27th May 2014 it was resolved that;

 

Should a mains power distribution pole be located on the same side of the street  and within 15m of the development site, the applicant must meet the full cost for Ausgrid to relocate the existing overhead power feed from the distribution pole in the street to the development site via an underground UGOH connection.

 

The subject is located within 15m of a power pole on the same side of the street hence the above clause is applicable. A suitable condition has been included in this report.

 

Tree Management

The inspection of 19 April 2018 confirmed that the only vegetation in the front setback is a semi-mature, 7-8m tall Jacaranda mimosifolia (Jacaranda, T1), in the area between the southern edge of the existing hardstand and the southern site boundary, which is a deciduous, exotic species, of fair health and condition due to its sparse canopy and existing bias to the east, but is still covered by the DCP.

 

The existing masonry walls to its north, west and south would mean that all of its root plate would be contained wholly within this raised front lawn area, with these walls to be demolished and reconstructed back in their same position as part of the works.

While listed for retention in the Arborist Report, it is not recognised as a significant example of the species, is not seen to make any meaningful contribution to site amenity or the local environment in anyway, and is a very common deciduous, exotic tree.

 

As the landscape plan shows an advanced native replacement tree being provided in its place in this same area as part of the new scheme, conditions actually require its removal, as this is seen as a more desirable outcome for the site long-term.

 

There is a stand of three mature Cocos Palms located wholly in the front setback of the adjoining private property to the north, no.15, close to the common boundary, adjacent the northwest corner of the subject dwelling.

 

While excavations associated with the new basement entry are shown along the northern site boundary, just to their south, the existing rendered masonry wall/fence on the common boundary in this same area, just to their south, would have acted as a physical barrier to prevent roots being able to enter the subject site, and on this basis, will not be affected at ground level, with the only conditions required being those which allow the minor pruning of overhanging fronds where needed.

 

Located wholly on another private property on the opposite, western side of the street, there is a row of large and mature Ficus macrocarpa var. ‘Hillii’, which overhang slightly above the subject site; however, their crowns have already been pruned back away from the overhead wires, to now be at such a height that they should not be affected, so conditions are not needed.

 

In the rear setback of the subject site, on the eastern boundary, near the southeast corner, there are two closely planted trees, comprising a Persea amercianna (Avocado Tree, T2), which is the more dominant tree, then a more upright and compact Laurus nobilis (Bay Tree, T3), both of fair health and condition, which are covered by the DCP.

 

Their co-joined canopies were observed to perform a screening and privacy function between the subject site and the adjoining unit block on higher ground to the east, with the existing masonry wall on the rear/eastern boundary meaning that all of their root plates would be contained wholly within the subject site. The crown of the Avocado (T2) was also observed to be broad and low branching, with a bias to the west, towards the dwelling and works.

 

The Carpark plan (dwg RA1-04) shows that the eastern basement wall will be offset a distance of 8284mm from the rear boundary, which is outside both of their SRZ’s & TPZ’s, and in an attempt to deal with the rise in ground levels up to the east, as well as to maximize usability of this common landscaped area for future occupants, another retaining wall has been shown closer to these trees, at the Ground Level, to the east of the basement, and at a setback of only 3300mm from the rear boundary.

 

This would be at the edge of both of their SRZ’s, and would also result in a 14% encroachment of the TPZ of T2, which is categorized as major, and due to its asymmetrical form (bias to the west), with the majority of its crown held in its western aspect, significant clearance pruning would be required, which would have a negative impact on its form and condition.

 

While the Arborist recommends that root mapping and other measures be implemented in an effort to retain both trees, none are significant examples of the species or significant to the local environment in anyway, with both being common exotic species.

 

As both trees would have developed with a dependence on each other for stability, it would not be feasible to remove one and keep the other, not only due to fears over affecting their stability or by leaving one of them exposed in a contained, elevated area, but also due to the compounding effects arising directly from the development works.

 

On this basis, conditions require their removal, and while this will impact amenity in the immediate term, the provision of advanced replacement (100-200L) native species, including Weeping Lilly Pillies, Tuckeroos and Woody Pears, is seen to be of more benefit to the long term amenity of the site, occupants, neighbours and local environment, with relevant conditions provided.

 

Landscape Plan

The submitted plan shows a high level of detail and treatment throughout the whole of the site that will result in a significant increase of plant material for the benefit of future occupants, and as such, conditions require its implementation as part of any approval.

 

 


 

Recommendation

 

That the RLPP grants development consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 784/2017 for demolition of existing house and construction of a new residential flat building with basement car park, at No. 17 Mulwarree Avenue, Randwick, subject to the development consent conditions attached to this report.

 

 

Attachment/s:

 

1.

Approved conditions  DA/784/2017 - 17 Mulwarree Avenue, RANDWICK 

 

 

 

 


Approved conditions  DA/784/2017 - 17 Mulwarree Avenue, RANDWICK

Attachment 1

 

 

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Randwick Local Planning Panel            8 November 2018

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D85/18

 

Subject:                      105 Wentworth Street, Randwick (DA/286/2018)

Folder No:                      DA/286/2018

Author:                          James Arnold, Environmental Planning Officer     

 

Proposal:                       Demolition of existing structures, construction of a three storey residential flat building comprising six apartments including two affordable rental housing apartments, and basement car parking.

Ward:                             North Ward

Applicant:                      Steven Wu

Owner:                           Kuan Ho

Recommendation:          Approval

Note. Four submissions were received.

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Executive Summary

 

The application is referred to the Randwick Local Planning Panel (RLPP) as the development is subject to SEPP 65.

 

The proposal development is for the demolition of existing structures, construction of a three storey residential flat building comprising six apartments including two affordable rental housing apartments, and basement car parking, at 105 Wentworth Street, Randwick.

 

The proposal is generally consistent with the relevant planning instruments including SEPP 65, the Apartment Design Guide, Randwick LEP 2012 and Randwick DCP 2013.  The development is permissible in the R3 zone and complies with the height and floor space ratio development standards. The proposal responds well to the constraints of the small site and minimises impacts on adjoining properties as far as practical. The proposed apartments will have high levels of amenity with each having three frontages enabling good solar access and cross ventilation.

 

Given the above, the proposal recommended for approval.

 

Proposal Description

 

The proposed development is for demolition of existing structures, construction of a three storey residential flat building comprising six apartments including two affordable rental housing apartments, and basement car parking.

 

Details of the proposed development are as follows:

 

·         Demolition of all existing structures on site comprising a single storey dwelling house and detached garage and removal of the existing driveway crossing to Sydney Street;

·         Construction of three storey residential flat building containing six apartments (3 x one-bedroom and 3 x two-bedroom);

·         Two apartments, Unit 04 and Unit 06, are proposed to be used for the purposes of Affordable Rental Housing pursuant to Division 1 of the Affordable Rental Housing SEPP;

·         Basement car park comprising seven car spaces (six residents, one visitor), four bicycle spaces and one motorbike space. Access to the basement is provided from a new double width driveway crossing to Wentworth Street; and,

·         Removal of a Brush Box tree located on the Wentworth Street verge located where the new driveway is proposed.

 

Amendments

 

The proposal was amended during the assessment process in response to issues raised by Council. The key amendments are summarised as follows:

 

·         The expressed box and vertical screen on the front facade replaced with horizontal slab bandings wrapping around the north-eastern corner;

·         Glass balustrades to the front balconies replaced with curved solid balustrades to tie in with the streetscape;

·         Street fencing amended to improve visual permeability by providing a low masonry base with open style palisade fence atop; and,

·         Sustainability measures introduced including provision of single hung windows for ventilation, shades to all north, east and west windows, rainwater tank, ceiling fans, and solar panels.

Figure 1. Perspective (as amended)

(Source: SWA, 2018)

 

Figure 2. Ground Floor Plan (as amended)

(Source: SWA, 2018)

 

Site and Locality Description

 

The subject site is addressed as 105 Wentworth Street, Randwick and comprises one allotment legally described as Lot A in DP 152362. The site is located on the south-eastern corner of Wentworth Street and Sydney Street, with Cowper Street being the nearest main road 50m south of the site. The site is regular in shape with a 12.20m primary frontage to Wentworth Street, 30.11m secondary frontage to Sydney Street, and a surveyed area of 366.8sqm.

 

Existing improvements on the site consist of a one storey dwelling house of rendered brick construction with a hipped tiled roof. Ancillary elements of the dwelling include a front verandah and detached single garage at the rear. Vehicular access to the site is via a single width crossing to Sydney Street.

 

The site has a fall of approximately 2m from the rear to Wentworth Street. Vegetation on site is limited to grassed areas in the front setback and some small shrubs. There is a small Brush Box tree on the Wentworth Street verge fronting the site.

 

The site is located within a residential area comprised of a mixture of dwellings houses and residential flat buildings of 3-4 storeys in height. The built form in the area is typically original with brick construction materials and pitched tiled roofs.

 

The adjoining properties are as follows:

 

·         Southern side, 107 Wentworth Street – Three storey residential flat building with brick facades and a flat roof.

·         Eastern side, 69 Cowper Street – Three/four storey residential flat building with brick facades and a hipped tiled roof.

·         North opposite side of Sydney Street, 101-103 Wentworth Street – Three/four storey residential flat building with brick facades and a hipped tiled roof.

·         West opposite side of Wentworth Street – Three/four storey residential flat buildings.

 

Figure 3. Subject site from Wentworth Street.

(Source: James Arnold, 2018)

 

Figure 4. Adjoining RFB to south, 107 Wentworth Street.

(Source: James Arnold, 2018)

 

Relevant History / Application History

 

24 May 2018

Lodgement – The subject development application was lodged with Council.

4 June 2018

Design Excellence Panel – The proposal was considered by the DEP who were generally supportive of the proposal subject to some minor amendments. Refer to SEPP 65 section of this report for details.

Late June 2018

Additional Information Request – The DEP comments were provided to the applicant to address.

12 July 2018

Amended plans – Amended plans and documents were submitted to Council which satisfactorily resolved the issues of the DEP.

 

Submissions

 

The owners of adjoining and likely affected properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. In response, four submissions were received, all of which contained objections to the proposal.

 

Amended plans were submitted on 12 July 2018 to address the various issues raised by the Randwick Design Excellence Panel. The amended plans were not re-notified as the amendments were considered minor and resulted in reduced impacts on adjoining properties.

 

The addresses of the submitters are as follows:

 

·         2/107 Wentworth Street, Randwick;

·         107 Wentworth Street, Randwick;

·         Waverley Street, Randwick (street number not provided); and,

·         4 Sydney Street, Randwick.

 

Issue

Comment

Overshadowing of Unit 2 / 107 Wentworth Street

A detailed assessment of the overshadowing impact of the development is contained in the Key Issues section of this report. The overshadowing impact is considered acceptable having regard for the planning controls and the site constraints.

It is also noted that the visual impact of the southern elevation of the proposed development adjacent to the northern facing apartments of 107 Wentworth Street has been considered and a condition has been imposed to include taller screen plantings along the southern boundary to soften and screen the elevation.

Density excessive

The density of the development when expressed as Floor Space Ratio (FSR) is compliant with the applicable provisions under the Affordable Rental Housing SEPP.

Traffic impacts

The development includes six dwellings and seven car spaces which is consistent with the density and car parking requirements. Accordingly, the traffic generation is considered to be consistent with the controls and medium density zoning of the site and is therefore acceptable.

Noise impacts

The development is sufficiently separated from adjoining developments to provide for reasonable acoustic privacy. The southern façade of the development has been designed defensively with minimal windows and openings which are generally oriented to the streets and rear of the site which will further minimise noise impacts.

Adverse impact on street car parking in the area

The proposal includes seven car parking spaces which complies with the applicable provisions of the Affordable Rental Housing SEPP and therefore any impact on street car parking is consistent with the planning controls.

New driveway access location to Wentworth Street will remove street car parking

The existing driveway for the site is located along Sydney Street which is to be removed and replaced with a driveway to Wentworth Street. The new driveway will result in the loss of one street car parking space and one will not be gained on Sydney Street as the southern side is ‘no stopping’.

The new driveway location has come about due to site levels and the requirement for basement parking for this development. The sloping site will not allow for efficient ramping into the basement from the high side of the site from Sydney Street and therefore the Wentworth Street access at the low side is required. Given the proposal complies with car parking rates and it is not unreasonable for a site to have a driveway access that removes a single street car space, this issue is satisfactory.

Development must comply with controls relating to bulk, design, fencing and parking.

The development is consistent with bulk and scale controls such as FSR, height and setbacks. The design is compatible with the local area as verified by the Randwick Design Excellence Panel. Fencing is considered appropriate for the site and parking is compliant.

 

Key Issues

 

Overshadowing of Residential Flat Building to the south – 107 Wentworth Street

 

RDCP Section C3 5.1

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

 

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

 

‘View from sun’ solar perspectives at hourly intervals from 8am to 4pm on 21 June were submitted with the application. The perspectives indicate that the proposed development will overshadow the adjoining residential flat building to the south, 107 Wentworth Street. There are 10 apartments within the adjoining development which face north towards the subject site with balconies and living rooms on this elevation (Figure 5).

 

The solar perspectives indicate that eight of the ten apartments will receive at least 4 hours direct sunlight to the balconies and living areas which complies with the 3 hours required under the DCP. The remaining two apartments (Apartment No. 2 and 3 as nominated on the solar studies), located at the ground floor in the middle of the northern elevation,  will receive approximately 1 hour and 2.5 hours, respectively, which does not comply with the DCP.

 

The overshadowing impact of the development is considered acceptable for the following reasons:

 

·         The proposed development has a largely compliant building envelope with a maximum height of 10.7m well below the 12m limit, and a compliant external wall height varying from 9-10.37m (10.5m limit). The setback provided to the southern boundary adjoining the affected property is 2m which complies with the DCP control and is considered a reasonable setback for a relatively modest 3 storey building;

 

·         The overshadowing impact has not arisen out of poor design. The solar perspectives have been reviewed, and achieving a compliant 3 hours solar access to Apartment 2 and 3 would require such a large portion of the rear of the building to be removed that it would render the site largely undevelopable;

 

·         The Randwick Design Excellence Panel acknowledged the difficulty in achieving fully compliant solar access to the southern neighbour and noted that reductions to the height or footprint would have little impact on solar access;

 

·         The east-west orientation of the lots and the design of the adjoining development with the majority of apartments facing the northern side boundary makes achieving fully compliant solar access difficult and unable to be reasonably achieved having consideration for the planning controls. The design of the proposed development appropriately responds to the planning controls and site constraints, and achieves compliant solar access to eight of the ten northern facing apartments;

 

·         The adjoining development contains a total of 14 apartments and the proposal will result in only two not achieving solar access compliance (85% compliance) with the DCP requirement for 3 hours, and only one would not comply with the ADG requirement for 2 hours (93% compliance). Considering the development controls and the site constraints, this is considered an acceptable outcome; and,

 

·         The two non-compliant apartments will still receive some direct sunlight in mid-winter – 1 hour and 2.5 hours. Furthermore, the large northern frontage of these apartments will ensure sufficient levels of ambient daylight will be achieved.

 

Figure 5. Photograph showing the northern elevation of 107 Wentworth Street which faces the subject site and apartment 2 and 3 will not receive compliant solar access.

(Source: James Arnold, 2018)

 

Setbacks and Separations

 

ADG Part 3F – 1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows: 6m habitable areas / balconies, 3m non-habitable.

 

RDCP Section C3 3.4.3 – For residential flat buildings, provide a minimum rear setback of 15% of allotment depth or 5m, whichever is the greater. 15% of allotment depth 4.5m. 5m is applicable for the subject site.

 

The proposed development has a 2m setback/separation to the southern side boundary and a 4.5m setback/separation to the rear eastern boundary (Figure 6). These elevations include habitable room windows and balconies which require 6m separations under the ADG which have not been achieved. The RDCP 5m rear setback control has also not been achieved. These separations / setback are considered acceptable for the following reasons:

 

·         The proposed 4.5m rear setback will not result in any privacy issues as the elevation faces a car parking area on the adjoining property (Figure 7);

 

·         The impact of the minor rear setback variation on solar access to the southern RFB has been reviewed on the solar perspectives. The difference in solar access to a compliant setback is negligible;

 

·         The rear setback area incorporates deep soil planting including a line of trees along the rear boundary which will ensure sufficient landscape screening of the development at the rear, which will also contribute to the streetscape of Sydney Street;

 

·         The 2m southern side setback complies with the RDCP 2m side setback control and the elevation incorporates a defensive design with non-habitable windows and small high level habitable windows provided to ensure there will be no privacy issue; and,

 

·         The visual impact of the southern elevation will be ameliorated by the existing stand of trees along the northern side boundary of the adjoining property and the mass of the wall is softened with brick materials and windows. To further assist in screening this southern elevation, a condition has been included to widen the proposed southern planter box and provide trees of at least 5m in height.

 

Figure 6. Marked floor plan demonstrating the separations / setbacks from the side and rear boundaries.

(Source: SWA, 2018 / Marked: James Arnold, 2018)

 

Figure 7. Diagram showing the adjacent hard stand car parking area which the rear of the site adjoins.

(Source: James Arnold, 2018)

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:           Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development for demolition of existing structures, construction of a three storey residential flat building comprising six apartments including two affordable rental housing apartments, and basement car parking, be approved for the following reasons:

 

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

·         The proposal is consistent with the objectives and controls of the RLEP 2012 and the RDCP 2013;

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

·         The scale and design of the proposal is considered to be suitable for the location and is compatible with the desired future character of the locality; and,

·         The environmental impacts are acceptable.


 

Detailed Assessment

 

1.0        Matters for Consideration

 

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

 

Section 4.15 ‘Matters for Consideration’

Assessment

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

See below.

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

Nil.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

The proposed development is consistent with the prevailing residential character in the locality.

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

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

The proposed development continues the residential use with a Residential Flat building proposed which is permissible in the R3 zone and there are no salient site or contextual features which would make the site unsuitable for the development.

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

Submissions were received which are addressed in this report.

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

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

 

2.0        Relevant Environmental Planning Instruments and Development Control Plans

 

2.1       State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of SEPP 55 have been considered in the assessment of the application. The site and adjoining properties are currently used for residential purposes. There is no evidence to suggest any potentially contaminating activities have taken place on or near the site. Accordingly, the site is considered suitable for the proposed ongoing residential use and satisfies the provisions of the SEPP.

 


 

2.2       State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The proposed development is a BASIX affected building. A compliant BASIX certificate has been submitted and in accordance with the Environmental Planning and Assessment Regulations 2000 the environmentally sustainable commitments within the certificate are required to be fulfilled as a prescribed condition of consent. Accordingly, the proposal satisfies the provisions of the SEPP.

 

2.3       State Environmental Planning Policy (Affordable Rental Housing) 2009

The application has been submitted pursuant to the provisions of Division 1 of the Affordable Rental Housing SEPP and includes the provision of two apartments to be used for the purposes of affordable rental housing.

 


Provision

Assessment of Proposal

Complies?

Division 1 In-fill Affordable Housing

10   Development to which Division applies

(1)  This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

(a)  the development concerned is permitted with consent under another environmental planning instrument, and

(b)  the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.

(2)  Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.

(3)  Despite subclause (1), this Division does not apply to development on land that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to any of those zones.

The proposed development is characterised as a ‘Residential Flat Building’ which is permitted with consent under the RLEP 2012, the land does not contain heritage affectations, and the land is within an accessible area (see below).

The subject site meets the ‘accessible area’ definition as there is a bus stop within 400m walking distance (approx. 250m on Cowper St near Church St – Stop ID 203138) that is serviced by a ‘regular bus service’. This has been verified by the Assessment Officer.

Given the above, ARH SEPP Division 1 applies to the proposal.

Yes

13   Floor space ratios

(1)  This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

(2)  The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

(a)  if the existing maximum floor space ratio is 2.5:1 or less:

(i)  0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

(ii)  Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100

                            or

(b)  if the existing maximum floor space ratio is greater than 2.5:1:

(i)  20 per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

(ii)  Z per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Z = AH ÷ 2.5

(3)  In this clause, gross floor area does not include any car parking (including any area used for car parking).

The GFA has been verified by the Assessment Officer.

·         Proposed GFA: 384sqm

·         Site area: 366.8sqm

·         Affordable housing GFA: 106sqm or 28%

Unit 04 and Unit 06 comprise 28% of the total GFA of the development. These units are proposed to be used for affordable housing, therefore the bonus provisions apply, and the maximum permitted FSR is as follows:

Maximum FSR 0.9+0.28 = 1.18:1

Proposed FSR: 1.05:1

Yes

14   Standards that cannot be used to refuse consent

 

 

(1) Site and solar access requirements

A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 

 

(b)  site area

if the site area on which it is proposed to carry out the development is at least 450 square metres,

Site area: 366.8sqm

The proposal has appropriately accommodated the development on the site. The site is benefited being on a corner which has allowed the development to design defensively to the south. Accordingly, the small site size has not resulted in any unreasonable impacts on neighbouring properties.

No – Acceptable

(c)  landscaped area if:

(i)  in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or

(ii)  in any other case—at least 30 per cent of the site area is to be landscaped,

Landscaped area: 18% (65sqm)

Landscaped area is considered satisfactory as the proposal complies with the 7% deep soil requirements of the ADG and includes landscaping along all the boundaries which will soften and screen the development.

No – Acceptable

(d)  deep soil zones

if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:

(i)  there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and

(ii)  each area forming part of the deep soil zone has a minimum dimension of 3 metres, and

(iii)  if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,

Deep Soil Area: 10% (36sqm)

Deep soil provision is considered satisfactory as the proposal complies with the 7% deep soil requirements of the ADG and the areas are appropriately located at the prominent front corner of the site and along the rear boundary adjacent to adjoining properties allowing for screen plantings.

No – Acceptable

(e)  solar access

if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

Solar Access: 100% of apartments living and POS areas will received at least 3 hour sunlight in mid-winter.

Yes

(2) General

A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 

 

(a)  parking

if:

(i)  in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or

(ii)  in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,

Proposal: 3 x 1B and 3 x 2B apartments

Required: (3 x 0.5 space) + (3 x 1 space) = 4.5 spaces

Proposed Car Spaces: 7

Yes

(b)  dwelling size

if each dwelling has a gross floor area of at least:

(i)  35 square metres in the case of a bedsitter or studio, or

(ii)  50 square metres in the case of a dwelling having 1 bedroom, or

(iii)  70 square metres in the case of a dwelling having 2 bedrooms, or

(iv)  95 square metres in the case of a dwelling having 3 or more bedrooms.

1 bedroom apartments: 53sqm

2 bedroom apartments: 71sqm

Yes

(3)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

Noted.

-

15   Design requirements

(1)  A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.

(2)  This clause does not apply to development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies.

SEPP 65 applies and therefore the Seniors Living Policy does not have to be considered.

N/A

16   Continued application of SEPP 65

Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.

SEPP 65 is addressed within this report.

Yes

16A   Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

The design of the development has been considered in the local context which is characterised by two to four storey brick ‘walk up’ and interwar art deco style residential flat buildings mixed with traditional style brick dwelling houses with pitched tiled roofs.

The proposal presents as a modern apartment building that respects the traditional character of the area utilising primarily brick materials with solid balcony balustrades. The bulk and scale of the building is relatively modest in comparison to the 3-4 storey brick walk up RFBs in the near vicinity. The built form is tempered by a landscaped front and rear garden and a landscape strip along the southern side which is to be widened to 0.9m and provided with 5m tall screening trees as per conditions of consent.

The development presents as three storeys and provides comfortable front and side setbacks that are consistent with the streetscape and the planning controls. Car parking is appropriately provided in a basement which ensures parking is not a visually prominent aspect of the development. The impacts of the development are generally consistent with what would be anticipated for an infill RFB development.

For these reasons, the proposal is considered to be compatible with the character of the local area.

Yes

17   Must be used for affordable housing for 10 years

(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a)  for 10 years from the date of the issue of the occupation certificate:

(i)  the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.

Conditions of consent have been imposed to ensure the development complies with these ongoing requirements.

Yes – Subject to Condition

18   Subdivision

Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.

No subdivision proposed.

N/A

 

2.4       State Environmental Planning Policy 65 – Design Quality Residential Flat Buildings

SEPP 65 applies to the proposed development as it contains three or more storeys and contains four or more dwellings.

 

Clause 28(2) stipulates that the consent authority is to take into consideration the advice of the design review panel, the design quality principles, and the Apartment Design Guide (ADG).

 

The proposal has been assessed against the Design Quality Principles and the ADG. A summary of the assessment against the ADG is provided in the compliance table below and areas of non-compliance have been discussed within the table and in the key issues section of this report. Overall, the proposal is consistent with the objectives of the ADG.

 

Design Excellence Panel and the Design Quality Principles

The Randwick Design Excellence Panel considered the subject proposal on 4 June 2018. The panel was generally supportive of the application and provided the below advice. The Assessing Officer’s comments on the DEPs advice is also provided.

 

Principle 1: Context and Neighbourhood Context

The design package continues to provide very little contextual analysis, though the progression of the architecture and analysis of the potential amenity impacts arising from the scheme do illustrate an appreciation for the immediate and broader context of the building.

 

The panel welcomes the use of brick in the elevations, specifically to Wentworth Street, which currently features a range of contemporary, inter-war and post-war (60s and 70s) residential flat buildings, many of which feature brick as their primary material.

 

The panel also drew reference from the boundary treatment at the neighbouring properties and how these may provide some insight to how the Wentworth and Sydney Street frontages could be addressed, with greater visual permeability and materiality. There are also several balcony and balustrade examples along the Wentworth streetscape, though none include glass balustrades, as proposed.

 

Comment: Consistent with the DEPs advice, the proposal has been amended to incorporate visually permeable palisade fencing to the street frontages and solid masonry balustrades to the street facing apartments which is consistent with the streetscape. The amended proposal is considered to be consistent with this principle.

 

Principle 2: Scale and Built Form

The scale being proposed has been reduced from the pre-DA design (1.09:1 to 1.05:1), however, the built form remains largely unchanged. The accompanying ‘view from sun’ analysis clearly indicates the impact on Unit 2 at No. 107 Wentworth Street – reductions in the height or footprint of the building would have a limited impact on the solar access to this particular dwelling.

 

The scheme has been improved from the Pre-DA approach by the relocation of the core to the southern frontage, adjacent to No. 107, which also opens-up the northern elevation to habitable rooms and improved amenity for the dwellings.

 

The boundary setbacks and orientation of built form to the corner of Wentworth and Sydney Streets is accepted and within the current height controls, however, further commentary on the architecture and aesthetics has been outlined below.

 

Comment: The proposal is consistent with this principle as per the DEPs comments.

 

Principle 3: Density

A residential flat building on this site is in keeping with the local context, in terms of scale, form and density.

 

The panel questions the need to access the additional 0.5:1 FSR made available under the SEPP in order to achieve this scale (3-storeys) and density (3 x 2 bed, 3 x 1 bed) of development. However, more affordable housing within a well-serviced area of Randwick is an excellent outcome, and may justify the focused and mitigated impact on No. 107.

 

Comment: The proposal is consistent with this principle as per the DEPs comments.

 

Principle 4: Sustainability

Sustainability has not been explicitly addressed in this DA package. Similar to the Panel’s comments from the Pre-DA review, we recommend the following points be considered as part of the next phase of the design;

 

·         Awning windows provide poor ventilation options. Louvres should be considered.

·         Adequate sun-shading and or weather protection provided to suit orientation, particularly to the northern elevation

·         Consideration of solar hot water heaters and on-site water retention

·         Ceiling fans for bedrooms and living areas - these should be marked on the plans

·         Ventilating skylights to top floor apartments, natural daylight and northern winter sun could be optimised on the top floor apartments by introducing clerestory windows

·         Window types and operation to accommodate different weather conditions, and allow occupants a variety of ventilation options whilst maintaining security.

·         Roof plane should be investigated for photovoltaic panels

·         Rainwater should be harvested, stored, treated and re-used, for gardens, WC’s and laundries.

 

Comment: Consistent with the DEPs advice, the proposal has been amended to incorporate a range of the above sustainability measures including provision of single hung windows for ventilation, sun-hoods for shading, ceiling fans, rooftop solar panels, and a rainwater tank. The amended proposal is considered to be consistent with this principle.

 

Principle 5: Landscape

The panel did not receive a copy of the landscape plan, though we believe one was issued with the DA package. Several factors were discussed with the architect in relation to the landscape concept:

 

·         Improve the visual permeability of the Wentworth Street frontage to the at-grade landscape area.

·         Revise the levels and planting at the corner of Wentworth and Sydney Streets – this could become a hidden garden in the streetscape that local residents could experience this improved street amenity , and residents of 105 Wentworth could look across and enjoy within.

·         Consider boundary fence detailing; brick base with steel palisade fence, reflecting the character and precedents along Wentworth Street.

·         Replace turf area with deep soil planting along the Sydney Street frontage to encourage larger/established trees to define the secondary street frontage, whist providing privacy to the ground floor units.

·         Investigate lowering the basement roof slab within the side setbacks to provide greater soil capacity for planting along the boundary.

 

·         Comment: Consistent with the DEPs advice, the proposal has been amended to include visually permeable fencing to the frontages, and a planter box along the Sydney Street frontage. The amended proposal is considered to be consistent with this principle.

 

·         Principle 6: Amenity

·         The panel considers the following points most relevant to amenity;

 

·         ‘View from the sun’ analysis, supported by the analysis by recognized solar expert, Steve King (UNSW), clearly indicates the Unit 2 at No. 107 is the most impacted by the proposal by receiving less than the specified 2-hours

·         Relocating the core to the southern elevation has addressed privacy and interface issues with No. 107, as all habitable rooms are now orientated to the west, north and east,

 

Comment: The proposal is consistent with this principle as per the DEPs comments.

 

Principle 7: Safety

Safety has been adequately addressed by the design, including the relocation of the core to improve passive surveillance of the street frontages and communal spaces within the site. Moving the site access to the Wentworth Street frontage is also supported by the panel, as it activates the primary street.

 

Comment: The proposal is consistent with this principle as per the DEPs comments.

 

Principle 8: Housing Diversity and Social Interaction

The panel supports the inclusion of affordable housing in this project, despite the relatively modest increase in the floor space above the permissible 0.9:1.

 

Comment: The proposal is consistent with this principle as per the DEPs comments.

 

Principle 9: Aesthetics

There are several items the panel would like to see addressed as part of a revised DA package:

 

·         Investigate an alternate approach to the balcony balustrades, replacing the glass with a more solid upstand or steel palisade detail that better reflects the local built precedents.

·         Balcony setdowns and drainage solutions need to be detailed.

·         Horizontal banding that wraps the north-eastern corner at Sydney Street could be mirrored at the opposite Wentworth Street frontage – replacing the expressed box and vertical screen, which appears incongruous with the local context and simple expressed openings at No. 105.

·         The panel supports the use of brick and variation in colour to differentiate the elevations.

 

Comment: Consistent with the DEPs advice, the proposal has been amended to include solid balustrades to the front apartment balconies, balcony drainage solutions, and front box element replaced with horizontal slab bandings. The amended proposal is considered to be consistent with this principle.

 

Summary and Recommendations

The panel appreciates the changes made by the architect since the Pre-DA and the inclusion of affordable housing on a relatively small site and project. Subject to the points raised above being addressed, particularly in relation to the elevations, street boundary fence, and landscaping, the panel doesn’t need to see the proposal again.

 

Apartment Design Guide

 


Provision

Assessment of Proposal

Complies?

Part 3 – Siting the development

3D Communal and Public Open Space

Design Criteria

 

 

1. Communal open space has a minimum area equal to 25% of the site (see figure 3D.3)).

Communal Open Space: 17% (62sqm)

Communal open space provision is considered acceptable as the development is small at six dwellings and private open space areas are mostly above minimum size requirements and will have good amenity with rectilinear proportions, northern aspects and direct sunlight. Furthermore, the communal open space areas provided, located across two areas at the front and rear of the site, will have good amenity with direct sunlight and areas of landscaping. The site is also within close proximity to some large public open space areas including Centennial Park and Queens Park.

No – Acceptable

2. Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9am and 3pm on 21 June (mid-winter).

50% of the useable part of COS areas will receive at least 2 hours sunlight in mid-winter.

Yes

3E Deep soil zones

Design Criteria

Deep soil zones are to meet the following minimum requirements.

 

 

Site Area

Min dimensions

Deep soil zone (% of site)

Less than 650m2

-

7%

650-1500m2

3m

Greater than 1500m2

6m

Greater than 1500m2 with existing tree cover

6m

Deep soil area: 10% (36sqm)

Yes

3F Visual privacy

Design criteria

 

 

1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

Height

Habitable rooms and balconies

Non-habitable rooms

Up to 12m (4 storeys)

6m

3m

Up to 25m (5-8 storeys)

9m

4.5m

Over 25m (9+ storeys)

12m

6m

The following separations are proposed:

Southern side boundary (Habitable)

GF-L2: 2m

 

 

Eastern rear boundary (habitable)

GF-L2: 4.5m

 

 

No – Acceptable Refer to Key Issues

 

No – Acceptable Refer to Key Issues

Note: Separation distances between buildings on the same site should combine required building separations depending on the type of room (see figure 3F.2).

Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties.

Only a single building proposed. Internal separations not applicable.

N/A

3G Pedestrian access and entries

Objective 3G-1

Building entries and pedestrian access connects to and addresses the public domain.

 

The entries are clearly identifiable from the public domain and clearly distinguishable from private areas.

 

Yes

3H Vehicle access

Objective 3H-1

Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes.

 

A single vehicular access point is proposed that is wide and clear from built form for 4.5m into the site. Splays are provided adjacent to the street which will ensure clear sightlines are available.

Whilst vehicular access would ideally be off the secondary street, Sydney Street, this is not feasible due to this end of the side being the high side which would not efficiently work with basement levels.

 

Yes

3J Bicycle and car parking

Design Criteria

 

 

1. For development in the following locations:

• on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

• on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less.

The car parking needs for a development must be provided off street.

The site is not within 800m of a railway station or light rail stop. Car parking provisions from the ARH SEPP are applicable.

N/A

Objective 3J-2

Parking and facilities are provided for other modes of transport.

Bicycle spaces: 4 provided in a secure basement which is consistent with the requirements of the ADG and RDCP 2013.

Yes

Part 4 – Designing the building

4A Solar and daylight access

Design Criteria

 

 

1. Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid - winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

Solar access: 100% of apartments will receive more than the required 2 hours solar access to living areas and private open space areas.

Yes

2. In all other areas, living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9 am and 3 pm at mid winter.

The proposed development is within the Sydney Metropolitan Area and as such this is not applicable.

N/A

3. A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid winter.

No apartments will receive no direct sunlight in mid-winter.

Yes

4B Natural ventilation

Design criteria

 

 

1. At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.

Cross ventilation: 100% of the apartments cross ventilate.

Yes

2. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

No cross-over and cross-through apartments.

N/A

4C Ceiling heights

Design criteria

 

 

1. Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

·         Habitable rooms 2.7m

·         Non habitable 2.4m

·         2 storey apartments 2.7m for main living area floor, 2.4m for second floor

·         Attic 1.8m at edge with 30 degree minimum ceiling slope

·         Mixed use area 3.3m ground and first floor

These minimums do not preclude higher ceilings if desired.

Ceiling heights: 2.7m

 

Yes

4D Apartment size and layout

Design criteria

 

 

Apartments are required to have the following minimum internal areas:

·           Studio – 35m2

·           1B – 50m2

·           2B – 70m2

·           3B+ - 90m2

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m2 each.

A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m2 each.

1B apartment sizes: 53sqm

2B apartment sizes: 71sqm

The 2 bedroom apartments do not comply with the 75sqm requirement (each contains 2 bathrooms which requires an extra 5sqm).

The non-compliance is considered acceptable as the apartments are considered to have good levels of amenity with three frontages, near full solar access, and will cross ventilate. In relation to the size, the bedrooms and living areas comply with minimum width requirements, and the layouts are functional with no long corridors.

Yes

No – Acceptable

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

All habitable rooms have windows to an external wall with a total glass area not less than 10% of the floor area of the room.

Yes

Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

Yes

In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window.

All apartments have open plan layouts. The maximum depth does not exceed 8m from the external windows / glazed balcony doors.

Yes

4D Apartment size and layout

Design Criteria

 

 

Master bedrooms have a minimum area of 10m2 and other bedrooms 9m2 (excluding wardrobe space).

Minimum bedroom areas have been achieved.

Yes

Bedrooms have a minimum dimension of 3m (excluding wardrobe space).

Bedrooms have a minimum dimension of 3m excluding wardrobe space.

Yes

Living rooms or combined living/dining rooms have a minimum width of:

·         3.6m for studio and 1 bedroom apartments

·         4m for 2 and 3 bedroom apartments

All living rooms have a minimum dimension of 3.6m for 1 bedroom apartments and 4m for 2 and 3 bedroom apartments.

Yes

The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.

No cross over or cross through apartments proposed.

N/A

4E Private open space and balconies

Design Criteria

 

 

All apartments are required to have primary balconies as follows:

·         Studio – Area 4m2 / Depth none

·         1B – Area 8m2 / Depth 2m

·         2B – Area 10m2 / Depth 2m

·         3B+ - Area 12m3 / Depth 2.4m

The minimum balcony depth to be counted as contributing to the balcony area is 1m.

All balconies meet the balcony size and depth requirements.

Yes

For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area
of 15m2 and a minimum depth of 3m.

The ground floor apartments have been provided with courtyards which meet the size and depth requirements.

Yes

4F Common circulation and spaces

Design Criteria

 

 

The maximum number of apartments off a circulation core on a single level is eight.

Two apartments per floor.

Yes

For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

N/A – Not 10 storeys and over.

N/A

4G Storage

Design criteria

 

 

In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

·         Studio – 4m3

·         1B – 6m3

·         2B – 8m3

·         3B+ - 10m3

At least 50% of the required storage is to be located within the apartment.

Each apartment is provided with compliant levels of internal storage and with basement storage cages for additional storage. Whilst not all internal storage areas are nominated for size on the plans, areas are provided that appear to be generous and basement storage is also provided. A condition is included to ensure minimum storage areas are provided both internally and externally.

Yes –

Subject to Condition

4K Apartment mix

Objective 4K-1

A range of apartment types and sizes is provided to cater for different household types now and into the future.

The proposed development includes a mixture of 1 and 2 apartments which is an appropriate mix for a development with only six apartments.

 

Yes

4L Ground floor apartments

Objective 4L-1

Street frontage activity is maximised where ground floor apartments are located.

The ground floor apartments have been provided with direct street entrances. This is considered important to ensure street frontage activity is maximised.

 

Yes

2.5       Randwick Local Environmental Plan 2012

The site is zoned R3 Medium Density Residential under the Randwick Local Environmental Plan 2012. The proposal is characterised as a ‘residential flat building’ as it contains 3 or more dwellings and is not an attached dwelling or multi dwelling housing (ie. each unit is not access from ground level).

 

The proposal is consistent with the objectives of the R3 zone as it will replace an ageing single dwelling house with modern apartments with high levels of amenity.

 

The relevant provisions of the RLEP 2012 are addressed in the table below:

 

Provision

Proposal

Complies?

Floor Space Ratio

0.9:1

The bonus FSR provisions under Division 1 of the ARH SEPP are applicable. Refer to ARH SEPP compliance table above. The proposal complies with the bonus FSR permitted on site.

FSR: 1.05:1

·         GFA 384sqm

·         Site Area 366.8sqm

N/A – Refer to ARH SEPP bonus FSR provision

 

Height of Building

Max 12m

Height: 10.7m

·         Roof Parapet RL 76.4

·         EGL below RL 65.7

Note. The maximum height occurs at the front of the building.

Yes

Heritage

Various requirements for protecting heritage

The site is within the visual catchment of the Randwick North Heritage Conservation Area, the edge of which is located approximately 50m to the east, on Sydney Street.

The proposal is considered to be compatible with the character of the local area with similar height, bulk, materials and setbacks. The proposal will not result in any significant adverse impact on the heritage conservation area.

Yes

 

2.6       Randwick Comprehensive DCP 2013

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

 

The relevant provisions of the DCP are addressed below.

 

Section C2:  Medium Density Residential

 

Cl.

Control

Assessment of Proposal

Complies?

3. Building Envelope

3.4

Setbacks

3.4.1

Front setback

 

 (i)       The front setback on the primary and secondary property frontages must be consistent with the prevailing setback line along the street.

Notwithstanding the above, the front setback generally must be no less than 3m in all circumstances to allow for suitable landscaped areas to building entries.

(ii)       Where a development is proposed in an area identified as being under transition in the site analysis, the front setback will be determined on a merit basis.

Prevailing front setback: Front setback of adjacent properties to Wentworth Street is 4.7-5.1m to the south and 4.7m to the north. Existing front setback on the site is 4.7m.

Proposed front setback: 4.5-5.3m, primary front setback to Wentworth Street varies. This is consistent with prevailing.

Prevailing secondary setback: To Sydney Street is nil for garages abutting the street.

Proposed secondary setback: 2m, which is appropriate as it is consistent with the existing dwelling, provides sufficient area for landscaping and complies with the 2m side setback control.

Yes

3.4.2

Side setback

 

Residential flat building

Comply with the minimum side setback requirements stated below:

·         <12m – merit

·         12m-14m – 2m

Side setbacks: 2m

Yes

3.4.3

Rear setback

 

For residential flat buildings, provide a minimum rear setback of 15% of allotment depth or 5m, whichever is the greater.

15% of allotment depth 4.5m.

5m is applicable control.

 

Rear setback: 4.5m

 

 

 

No – Acceptable Refer to Key Issues

4. Building Design

4.1

Building façade

 

(i)        Buildings must be designed to address all street and laneway frontages.

(ii)       Buildings must be oriented so that the front wall alignments are parallel with the street property boundary or the street layout.

(iii)      Articulate facades to reflect the function of the building, present a human scale, and contribute to the proportions and visual character of the street.

Facades are well articulated with varied setbacks, window types, balconies and materials. The primary material is brick which is consistent with the traditional brick flat buildings which characterise the area.

Yes

4.2

Roof design

 

 (i)       Design the roof form, in terms of massing, pitch, profile and silhouette to relate to the three dimensional form (size and scale) and façade composition of the building.

(ii)       Design the roof form to respond to the orientation of the site, such as eaves and skillion roofs to respond to sun access.

(iii)      Use a similar roof pitch to adjacent buildings, particularly if there is consistency of roof forms across the streetscape.

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

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

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

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

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

Flat roof form proposed which is consistent with new developments in the area and will be compatible with traditional pitched roofs in the area.

Yes

 

4.3

Habitable roof space

 

Habitable roof space may be considered, provided it meets the following:

-     Optimises dwelling mix and layout, and assists to achieve dual aspect or cross over units with good natural ventilation.

-     Has a maximum floor space of 65% of the storey immediately below.

-     Wholly contain habitable areas within the roof space.

-     When viewed from the surrounding public and private domain, the roof form has the appearance of a roof. A continuous flat roof with habitable space within it will not satisfy this requirement.

-     Design windows to habitable roof space as an integrated element of the roof.

-     Submit computer generated perspectives or photomontages showing the front and rear elevations of the development.

N/A – No habitable roof space proposed.

N/A

4.4

External wall height and ceiling height

 

(ii)    Where the site is subject to a 12m building height limit under the LEP, a maximum external wall height of 10.5m applies.

External wall height: 10.37m

·        Roof Parapet: RL 76.40

·        Existing Ground Below: RL 66.03

Yes

 

(iii)   The minimum ceiling height is to be 2.7m for all habitable rooms.

Ceiling heights: 2.7m

Yes

4.9

Colours, materials and finishes

 

 (i)       Provide a schedule detailing the materials and finishes in the development application documentation and plans.

(ii)       The selection of colour and material palette must complement the character and style of the building. 

Materials and finishes schedule submitted. Facades are primarily brick with metal windows and cladding elements. This is consistent with the traditional RFB styles in the area.

Yes

4.12

Earthworks Excavation and backfilling

 

 (i)     Any excavation and backfilling within the building footprints must be limited to 1m at any point on the allotment, unless it is demonstrated that the site gradient is too steep to reasonably construct a building within this extent of site modification.

(ii)      Any cut and fill outside the building footprints must take the form of terracing following the natural landform, in order to minimise the height or depth of earthworks at any point on the site.

(iii)     For sites with a significant slope, adopt a split-level design for buildings to minimise excavation and backfilling.

Excavation is limited to the basement which has been minimised as far as possible and is mostly contained under the building footprint.

Yes

 

Retaining walls

(iv)      Setback the outer edge of any excavation, piling or sub-surface walls a minimum of 900mm from the side and rear boundaries.

(v)       Step retaining walls in response to the natural landform to avoid creating monolithic structures visible from the neighbouring properties and the public domain.

(vi)      Where it is necessary to construct retaining walls at less than 900mm from the side or rear boundary due to site conditions, retaining walls must be stepped with each section not exceeding a maximum height of 2200mm, as measured from the ground level (existing).

No significant retaining walls proposed. The existing retaining wall along the southern side boundary is to be retained. The proposed basement will be built to the northern and southern boundaries. The basement protrudes up to 1.8m for a portion along Sydney Street as the site falls away. This is considered acceptable as this street is primarily a service lane, and the wall is only high for a short portion.

Yes

5. Amenity

5.1

Solar access and overshadowing

 

Solar access for surrounding development

 

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

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

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

‘View from sun’ solar perspectives were submitted from 8am to 4pm on 21 June. The development will affect the RFB to the south, 107 Wentworth Street. This development has balconies and living rooms to 10 apartments on the northern façade facing the site which will be overshadowed by the proposal.

 

The solar studies indicate that eight of the ten apartments will receive at least 4 hours sunlight to the balconies and living areas, however apartments 2 and 3 (as nominated on the solar studies) will receive 1 hour and 2.5 hours respectively which do not comply.

No – Acceptable refer to Key Issues

5.3

Visual privacy

 

 (i)    Locate windows and balconies of habitable rooms to minimise overlooking of windows or glassed doors in adjoining dwellings.

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

(v)    Incorporate materials and design of privacy screens including:

-     Translucent glazing

-     Fixed timber or metal slats

-     Fixed vertical louvres with the individual blades oriented away from the private open space or windows of the adjacent dwellings

-     Screen planting and planter boxes as a supplementary device for reinforcing privacy protection

The development has two street frontages and is adjacent to a car parking area of the development to the east. These adjoining areas provide large separation across the streets for privacy and overlooking of the car parking area is not an issue. The development is designed defensively to the southern side which adjoins a residential flat building at 107 Wentworth Street. The southern elevation of the building contains only non-habitable windows and high level windows which will not allow any direct views to the neighbour.

A privacy issue has been identified as there is a large vertical window across the height of the circulation core which will have direct views to the southern RFB. A condition has been imposed to obscured glaze this window.

Yes – Subject to condition

5.4

Acoustic privacy

 

Design the building and layout to minimise transmission of noise between buildings and dwellings.

Active areas within the development are appropriately separated from noise sensitive spaces.

Yes

5.5

View sharing

 

The location and design of buildings must reasonably maintain existing view corridors and vistas to significant elements from the streets, public open spaces and neighbouring dwellings. 

N/A – no significant views are available across the subject site.

N/A

5.6

Safety and security

 

Design buildings and spaces for safe and secure access to and within the development.

The access is considered safe as it is near the street, is clearly identifiable, and the common stairs and lobby is clear with no opportunities for concealment or entrapment.

Yes

6. Car parking and access

DCP Section B7 – Car Parking Rates

 

MDH and RFB:

·        1 space per 2 studio

·        1 space per 1B apartment (over 40sqm)

·        1.2 space per 2B apartment

·        1.5 space per +3B apartment

·        1 visitor space per 4 dwelling

·          Motorbike 5% of car parking requirement

ARH SEPP car parking rates prevail. Refer to ARH SEPP Table.

N/A

6.1

Location

 

(i)     Car parking facilities must be accessed off rear lanes or secondary street frontages where available.

Basement car park access proposed off Wentworth Street. No feasible to come off Sydney Street as this is high side of the site and the levels would not work with the basement.

Yes

 

(iii)   Setback driveways a minimum of 1m from the side boundary. Provide landscape planting within the setback areas.

Driveway setback: 2m

Yes

 

(iv)   Entry to parking facilities off the rear lane must be setback a minimum of 1m from the lane boundary.

N/A – no entry off rear lane proposed.

N/A

 

(v)    For residential flat buildings, comply with the following:

(a)     Car parking must be provided underground in a basement or semi-basement for new development.

(b)     On grade car park may be considered for sites potentially affected by flooding. In this scenario, the car park must be located on the side or rear of the allotment away from the primary street frontage.

(c)     Where rear lane or secondary street access is not available, the car park entry must be recessed behind the front façade alignment. In addition, the entry and driveway must be located towards the side and not centrally positioned across the street frontage.

Basement car parking provided with access off the primary street. As above, the secondary street access is not feasible on this site.

Yes

6.2

Configuration

 

(i)     With the exception of hardstand car spaces and garages, all car parks must be designed to allow vehicles to enter and exit in a forward direction.

Swept paths and compliant car space sizes and aisle widths indicate that forward in and out will be achieved.

Yes

 

(ii)    For residential flat buildings, the maximum width of driveway is 6m. In addition, the width of driveway must be tapered towards the street boundary as much as possible.

Driveway width: 3.4m

Yes

7. Fencing and Ancillary Development

7.2

Front Fencing

 

(ii)    The maximum height of front fencing is limited to 1200mm, as measured from the footpath level, with the solid portion not exceeding 600mm, except for piers. The maximum height of front fencing may be increased to 1800mm, provided the upper two-thirds are partially open, except for piers.

Front fencing height: maximum 3m

The proposed front fencing varies in height as the site slopes up Sydney Street. The fencing proposed is high to Sydney Street due to the basement wall protruding out of the ground and built to the boundary. This is necessary given the narrow dimensions of the site. The solid portion of the fence is limited to a maximum of 1.8m at the worst point, reducing to nil at the top of the site. Open style palisade fencing is proposed above the solid portion to minimise the bulk of the walls. The fence to Wentworth Avenue is 1.8m and is mostly open style palisade fencing which will ensure the front gardens are not closed off from the street.

No – Acceptable

 

(iv)   Solid front fence of up to 1800mm in height may be permitted in the following scenarios:

-  Front fence for sites facing arterial roads.

-  Fence on the secondary street frontage of corner allotments, which is behind the alignment of the primary street façade.

       Such solid fences must be articulated through a combination of materials, finishes and details, and/or incorporate landscaping, so as to avoid continuous blank walls.

As above.

As above.

7.7

Laundry facilities

 

(i)        Provide a retractable or demountable clothes line in the courtyard of each dwelling unit.

Sufficient outdoor spaces provided for drying.

Yes

 

(ii)       Provide internal laundry for each dwelling unit.

Each apartment includes space for laundry facilities.

Yes

 

3.0        Referral Comments

 

Referral Officer

Comment

Randwick Design Excellence Panel

Generally supportive, subject to amendments which have been made. Refer to SEPP 65 section for further details.

Development Engineer

No objections raised, subject to conditions. The following comments were provided:

GENERAL COMMENTS

There are no objections to the proposal subject to comments and conditions provide in this report

 

PARKING COMMENTS

Parking Requirements for the development have been assessed as per the following parking rates specified in Part B7 of Randwick Council’s Development Control Plan 2013 and the SEPP Affordable Housing.

DCP Parking Rates

1 space per 1 bedroom unit

1.2 spaces per 2 bedroom unit

1 visitor space per 4 dwellings

 

Parking rates in the  SEPP (Affordable Housing).

 

1 bedroom apartment                     = 0.5 spaces

2 bedroom apartment                     = 1.0 spaces

3 bedroom +                                  = 1.5 spaces

 

The proposed 6 unit development will comprise of 3 x 2 bedroom and 3 x 1 bedroom units with two of the 1 bedroom units to be dedicated as Affordable Housing

 

Parking Required           = ((1 x 1) + (3 x 1.2) + 4/4(visitor) DCP) + ((2 x 0.5) SEPP)

                                      = 1 + 3.6 + 1 + 1

                                      = 6.6

                                      = say 7 spaces

 

Vehicle Parking provided           = 7 spaces (complies)

 

Motorbike Parking

Motorbike Parking is to be provided at 5% of the vehicle parking requirement.

 

Due to the low number of units motorbike parking is not required. 

                                                        

Bicycle Parking

For Flats/multi dwelling bicycle parking to be provided at 1 space per 2 units plus 1 visitor space per 10 units.

 

Bicycle Parking Required                    = 6/2 + 6/10

                                                         = 3.6 = say 4 spaces

 

Bicycle Parking proposed                    = 4 spaces (complies)

 

Internal driveway –non compliance

 

In pre-lodgment advice it was indicated that the internal driveway shall comply with the following configuration.

 

·         The first 2m of driveway internal to the property shall not exceed a maximum grade of 1 in 20 (5%)

·         This shall be followed by a minimum 3m long transition at 12.5% or 15%

·         The driveway may then steepen to 1 in 4 (25%) after this point (i.e. at 5m into the property)

·         A minimum 2m long transition shall then be provided at bottom of the ramp at grade 1 in 8 (12.5%) prior to entering basement level.

 

The submitted plans indicate the first 2m of the internal driveway at 1 in 20 5%) before steepening to 1 in 6 (16.6%) and therefore do not comply with the above requirement.

 

To achieve compliance the internal driveway will have to be raised a maximum of 50mm at the bottom of the ramp. This is not significant and can be amended in plans submitted for the CC. A condition has been included in this report.

 

The remainder of the carpark areas, (including, but not limited to, car space dimensions, aisle widths, & height clearances) are to be in accordance with the requirements of Australian Standard 2890.1:2004.

 

ALIGNMENT LEVEL COMMENTS

Adopting the existing footpath level for the alignment level for the vehicle access will result in driveway grades across the Council verge greater than 10%, which may result imn scraping. Hence it will be required that the existing Council footpath be lowered by approximately 60mm. This will ensure grades across the verge are less than 10% while also ensuring the maximum footpath grade south of the new crossing will not exceed 1 in 14 (7.14%), being the maximum grade for disability access.

 

FLOODING COMMENTS

The Council commissioned and adopted Kensington/Centennial Park flood Study predicts minor flooding in Wentworth Street during major storm events. Flood depths of less than 90mm are predicted in the street gutter for the 1 in 100yr flood. 

 

This will not impact on the proposed vehicle entrance to the basement carpark despite the required lowering of the council footpath by approximately 60mm (see alignment level conditions). The highest point on the driveway will still be well over twice the flood depth as required by Part B8 of the DCP.

 

No flood waters are predicted to enter the site and the property has not been tagged under sec 10.7 of the Ep& Act and is therefore not subject to flood related development controls.

 

DRAINAGE COMMENTS

On site stormwater detention is required for this development.

 

The Planning Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

The stormwater must be discharged (by gravity) either:

 

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

i.      Directly into Council’s underground drainage system via a  existing kerb inlet pit; 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),

 

ELECTRICITY POWER COMMENTS

At the ordinary Council meeting on the 27th May 2014 it was resolved that;

 

Should a mains power distribution pole be located on the same side of the street  and within 15m of the development site, the applicant must meet the full cost for Ausgrid to relocate the existing overhead power feed from the distribution pole in the street to the development site via an underground UGOH connection.

 

The subject is not located within 15m of a power pole on the same side of the street hence the above clause is not applicable.

 

GEOTECHNICAL COMMENTS

The submitted geotechnical report indicates site seepage water was encountered on site within the investigative boreholes. Suitable conditions in relation to the management of seepage water have been included in this report.

 

It is noted that excavation for the basement will predominantly be in sand.

 

WASTE MANAGEMENT COMMENTS

The submitted waste management plan does not contain any details on the operational phase of the development and therefore shall not be approved as part of this consent. The applicant is required to submit to Council and have approved by Council’s Director Planning, an amended Waste Management Plan (WMP) detailing waste and recycling storage and disposal for the development site for the whole development from demolition to operational phase.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and show how the on-going management of waste for the units will operate.

 

Comments on the number of Waste Bins

Appendix 3 in Part B6 of Council’s DCP specifies a waste bin requirement rate for residential flat buildings houses of 1 x 240L  bin per 2 rooms for normal garbage and 1 x 240L bin per 2 rooms for recycling.

 

i.e. Garbage/Recycling Bins Required = 6/2 = 3 bins each or garbage & recycling)

 

There are no specific requirements for green waste in Part B6 of the DCP  however as some landscape areas are proposed it is recommended that a minimum of  1 x 240L bins also be provided for green waste.

 

Total Number of BINS required            = 3 (normal) + 3 (recycling) + 1 (green waste)

                                                         = 7 x 240L BINS

Landscape Officer

No objections raised, subject to conditions. The following comments were provided:

The only established vegetation affected by this proposal is the mature, 7-8m tall Lophostemon confertus (Brush Box) that is located on the Wentworth Street verge, halfway across the width of the site, in line with the existing centrally located pedestrian gate, which is in fair health and condition, is covered by Council’s DCP, and along with other trees nearby, provides a contribution to the streetscape.

 

While vehicle access is currently provided off the secondary frontage, Sydney Street, along the eastern site boundary, these plans (rev A, dated 12/04/18) show it now being relocated to Wentworth Street, in direct conflict with the tree.

 

Whilst the removal of public trees is never a desired outcome, there is no other reasonable alternative solution that would allow its retention, and as it is not seen as a significant example of the species or significant to the local environment in anyway, approval has been granted for its removal, consistent with advice that was provided for PL/37/2017, with the applicant to cover all costs, including a loss of amenity fee, as a replacement will not be possible due to a lack of available space and future line of sight/safety issues.

 

The shrubs/small trees in both the front and rear setbacks are not covered by the DCP due to a combination of their size or proximity to the existing dwelling, so can be removed subject to implementing the new landscape scheme.

 

 

 


 

Recommendation

 

That the RLPP grants development consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, to Development Application No. 286/2018 for demolition of existing structures, construction of a three storey residential flat building comprising six apartments including two affordable rental housing apartments, and basement car parking, at 105 Wentworth Street, Randwick, subject to the development consent conditions attached to this report.

 

 

Attachment/s:

 

1.

RLPP Conditions - DA.286.2018 - 105 Wentworth Street, Randwick

 

 

 

 


RLPP Conditions - DA.286.2018 - 105 Wentworth Street, Randwick

Attachment 1

 

 

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Randwick Local Planning Panel            8 November 2018

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D86/18

 

Subject:                      24 Church Street, Randwick (DA/177/2018)

Folder No:                      DA/177/2018

Author:                          James Arnold, Environmental Planning Officer     

 

Proposal:                       Demolition of existing structures, construction of a part three, part four storey residential flat building comprising five apartments including one affordable rental housing apartment, and semi-basement car parking.

Ward:                             North Ward

Applicant:                      CM Harris Architects

Owner:                           BMDM Pty Ltd

Summary

Recommendation:          Approval

 

 

Note. Three submissions were received.

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Executive Summary

 

The application is referred to the Randwick Local Planning Panel (RLPP) as the development is subject to SEPP 65.

 

The proposal development is for demolition of existing structures, construction of a part three, part four storey residential flat building comprising five apartments including one affordable rental housing apartment, and semi-basement car parking, at 24 Church Street, Randwick.

 

The proposal is generally consistent with the relevant planning provisions including SEPP 65, the Apartment Design Guide, Randwick LEP 2012 and Randwick DCP 2013.  The development is permissible in the R3 zone and complies with the height and floor space ratio development standards. The proposal responds well to the constraints of the site including the small size and retaining the large Eucalyptus tree at the rear and minimises impacts on adjoining properties as far as practical. The proposed apartments will have high levels of amenity with each having three frontages enabling good solar access and cross ventilation.

 

Given the above, the proposal is recommended for approval.

 

Proposal Description

 

The proposed development is for demolition of existing structures, construction of a part three, part four storey residential flat building comprising five apartments including one affordable rental housing apartment, and semi-basement car parking.

 

Details of the proposed development are as follows:

 

·         Demolition of the existing brick dwelling house and detached garage on site;

·         Construction of a part-three, part-four storey residential flat building containing five apartments (4 x two-bedroom and 1 x three-bedroom). The development is three storeys at the front and four storeys at the rear as the site falls away and the basement becomes classified as a ‘storey’;

·         One apartment (Unit 3) is proposed to be used for the purposes of Affordable Rental Housing in accordance with Division 1 of the Affordable Rental Housing SEPP;

·         Basement car park comprising seven car spaces, waste bin storage room, and storage areas. Vehicular access to the basement is provided from a new double width driveway crossing to Church Street; and,

·         Removal of three trees within the site, and retention of a large Eucalyptus tree located near the rear boundary and a large street tree fronting the site.

 

Amendments

 

The proposal was amended on multiple occasions during the assessment process in response to issues raised by Council. The key amendments are summarised as follows:

 

·         Reduced basement size to minimise impacts on the Eucalyptus Tree to be retained at the rear of the site;

·         Incorporation of sustainability measures including solar panels, skylights, window shades, ceiling fans, clothes drying lines, and rainwater tanks;

·         Lowering of the proposed levels along the southern side boundary to minimise the height of the boundary retaining wall and provide a landscaped strip at close to natural ground levels;

·         Proposed private garden at the rear converted to communal open space and a staircase from the apartment above deleted;

·         Balconies at the rear made more rectilinear in shape for improved usability; and,

·         Glazed balcony balustrades at the ground and first floor replaced with solid base balustrade with short glass upstand to improve consistency of materials with the character of the area.

Figure 1. Photomontage.

(Source: C.M Harris Architects, 2018)

 

1.        Figure 2. Site Plan.

2.        (Source: C.M Harris Architects, 2018)

 

Site and Locality Description

 

The subject site is addressed as 24 Church Street, Randwick and comprises one allotment legally described as Lot F in DP 307441. The site is located on the western side of Church Street, with Alison Road being the nearest main road 120m south of the site. The site is generally regular in shape with an angled rear boundary. The site has a 13.41m frontage to Church Street, 18.68m rear boundary to Kynaston Avenue Reserve, an average length of 35m, and a surveyed area of 479.6m2.

 

Existing development on the site consists of a one storey brick dwelling house with a gabled tile roof and a detached brick garage near the rear boundary. The site has a fall of approximately 3m from the street to the rear. There are two trees in the front yard, two large trees in the rear yard and a large street tree fronting the site.

 

The site is located within a residential area comprised of a mixture of dwellings houses and residential flat buildings of 3-4 storeys in height. The built form in the area is typically original with brick construction materials and pitched tiled roofs.

 

The adjoining properties are as follows:

 

·         Southern side, 26-28 Church Street – Two storey dwelling house of brick construction with a hipped and gable tiled roof;

·         Northern side, 22 Church Street – Single storey dwelling house of brick construction with a gabled tile roof;

·         Rear, Kynaston Avenue Reserve – Public reserve comprising grassed areas, large trees, seating, and footpaths.

 

Figure 3. Front of site from Church Street.

(Source: James Arnold, 2018)

 

Figure 4. Rear of site from Kynaston Avenue Reserve.

(Source: James Arnold, 2018)

 

Figure 5. Eucalyptus Tree at rear of site to be retained.

(Source: James Arnold, 2018)

Figure 6. Street Tree at front of site to be retained.

(Source: James Arnold, 2018)

 

 

 

 

Relevant History / Application History

 

6 April 2018

Lodgement – The subject development application was lodged with Council.

7 May 2018

Design excellence panel – The proposal was considered by the design review panel who were generally supportive of the application subject to some minor amendments. Refer to SEPP 65 section of this report for details.

May 2018

Additional information request 1 – The DEP comments were provided to the applicant to address.

28 June 2018

Amended plans – Amended plans and documents were submitted to Council which partially resolved the issues of the DEP.

28 August 2018

Additional information request 2 – Further information was requested with regards to the nomination of affordable housing, solar access diagrams, basement reduction for tree protection, and DEP comments.

31 August 2018

Amended plans and additional information – Amended plans and documents were submitted to Council which generally resolved the issues. The key amendments were the deletion of the basement bicycle spaces to reduce impacts on the tree to be retained, incorporation of sustainability measures recommended by the DEP, and lowering of the landscaping strip on the southern boundary to minimise the height of the boundary retaining walls. Further, more comprehensive documents were submitted to better understand the overshadowing impacts of the development.

10 September 2018

Additional information request 3 – ‘View from sun’ diagrams were again requested from the applicant to accurately determine the extent and cause of overshadowing. Further, a comparison to shadows of a compliant building envelope was requested to compare overshadowing impacts.

11 September 2018

Additional information – The requested solar diagrams were submitted to Council which satisfactorily demonstrated that the shadows of the proposed building envelope achieved essentially the same outcome as the shadows of a compliant wall height envelope.

2 October 2018

Additional information request 4 – Issues were raised with regards to calculation of GFA and resultant percentage of affordable housing floor space, the triangular shape of the rear balconies, clear balustrades, rear private garden, northern side boundary wall height, and bicycle parking provision.

9 October 2018

Amended plans – Amended plans were submitted which generally resolved the above issues by opening up the garbage room in the basement to exclude from GFA, making the balconies more rectilinear, providing part solid balustrades, providing communal open space across the entire rear of the site, and providing bicycle parking within the basement.

 

Submissions

 

The owners of adjoining and likely affected properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. In response, three submissions were received, all of which contained objections to the proposal.

 

Amended plans and documents were submitted in June, August, September and October 2018 to address the various issues raised by Council. The amended plans were not re-notified as the amendments were considered minor and resulted in reduced impacts on adjoining properties.

 

The addresses of the submitters are as follows:

 

·         22 Church Street, Randwick

·         26-28 Church Street, Randwick

·         49-51 Church Street, Randwick

 

Issue

Comment

Solar Access to southern adjoining property – 26-28 Church Street

A full assessment of solar access to the neighbouring property is provided under the Key Issues section of this report. On merit the impact is considered to be acceptable.

Impact on street tree and Eucalyptus tree at the rear

The proposal seeks to retain and protect the street tree fronting the site and the Eucalyptus tree at the rear. This issue has been considered in detail and amended plans have been submitted reducing incursion in to the tree protection zone. Council’s Landscape Officer has reviewed this issue and raised no objection subject to specific tree protection conditions.

Side entrance and pathway impact on privacy and noise

The side entrance and footpath will not generate unreasonable amounts of noise as the development contains only five dwellings and the apartments can also be accessed internally through the basement.

The side access path becomes elevated as the site falls away to the rear and may allow for overlooking in to the adjoining property to the south. This issue has been resolved through the imposition of a condition that requires a privacy screen to be installed for the length of the path. It is also noted that a deep soil landscaping strip is provided adjacent to the path which will provide additional screening and softening of the development.

Carpark vent adjacent to neighbouring backyard

Ventilation for the carpark is provided through three openings to the south and north, both setback from the boundaries, and through the street entrance ramp. The openings are non-mechanical and given the basement only contains seven car spaces it is unlikely that there would be sufficient fumes to cause any substantial impact on adjoining properties.

Street car parking impacts

The proposal provides seven off street car spaces in accordance with the applicable requirements of the Affordable Rental Housing SEPP and therefore any impact on street car parking is likely to be minor and acceptable.

Privacy impact to adjoining property to north – 22 Church Street

The development has been generally designed to achieve privacy to the north through appropriate setbacks which are in excess of requirements for living spaces, high level windows and screening measures.

Some privacy concerns have been identified for the north facing kitchen window of Unit 2 and 4 and the northern side balconies, both of which are close to the boundary and will overlook the neighbour. Conditions have been imposed to introduce privacy measures to the windows and to delete the side balcony which will resolve these issues.

Solar access to adjoining property to north – 22 Church Street

The proposed development will not overshadow the adjoining property to the north.

Streetscape

The development will be compatible with the streetscape being three storeys and having side setbacks in excess of requirements at the front. Materials and finishes include bricks to reflect the traditional style in the area. The amended proposal has replaced the glass balcony balustrades with solid balustrades which will further assist the design to tie in with the streetscape.

Safety vehicles exiting driveway

The basement will only accommodate a maximum of seven cars and as such the driveway will not be a significant traffic generator. Further, the footpath fronting the site is not a highly activated area. These circumstances will ensure there will be limited conflict between cars and pedestrians at the front of the site.

 

Key Issues

 

Overshadowing of dwelling to south – 26-28 Church Street

 

RDCP Section C3 5.1

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

 

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

 

‘View from sun’ solar perspectives at hourly intervals from 8am to 4pm on 21 June were submitted in response to a request for additional information from Council. The perspectives indicate that the proposed development will overshadow one private property being the adjoining two storey dwelling house to the south at 26-28 Church Street. This dwelling has a traditional internal layout with separated and enclosed living, kitchen and dining rooms on the ground floor, and bedrooms on the first floor. The living room is located at the front north-eastern corner and has a large front window and two smaller northern side facing windows. The private open space for the dwelling is in the form of a raised deck at the rear and an adjacent grassed area to the northern side – these areas are shown in Figure 7.

 

Figure 7. Rear of 26-28 Church Street showing the private open space areas.

(Source: James Arnold, 2018)

 

The solar perspectives indicate that the living room will receive direct sunlight to the front window for approximately 2 hours between 8-10am in mid-winter; this does not meet the 3 hour DCP control. Further, the solar perspectives indicate that the private open space (ie. the combined area of the rear deck and adjacent garden) will receive direct sunlight to over 50% of the area for approximately 1.5 hours between 2.30-4pm in mid-winter; this does not meet the 3 hour DCP control (Figure 8).

 

The overshadowing impact of the development is considered acceptable for the following reasons:

 

·         The proposed development provides a largely compliant building envelope (in relation to those controls which impact overshadowing to the south) within the permitted height and FSR controls. The southern elevation being the sunlight obstruction is setback a compliant 2m at the ground and first floors, and further setback to 4.7m towards the rear and 3.6-6.7m for a large portion of the upper level. As demonstrated in the submitted solar perspectives, these increased setbacks have allowed for improved solar access for 26-28 Church Street, especially during the afternoon hours – the relevant extracts are shown in Figure 8;

·         The southern elevation of the building exceeds the 10.5m wall height control (proposed maximum 11.54m) due to the fall of the land. To determine whether this non-compliance is detrimental to adjoining solar access, the applicant was requested to provide a comparison between the shadows of the proposed building and a compliant building envelope. The compliant building envelope has a 2m southern side setback for the full length of the elevation and lowers the wall height to a compliant 10.5m. The comparison indicates that the compliant building form would result in essentially the same solar access to the adjoining living and POS. The only difference between the scenarios is a slight difference in the time of day, but not the total amount, at which an upper floor bedroom window will receive sunlight. Accordingly, the minor wall height non-compliance at the southern elevation does not result in a reduction of solar access to the neighbour and the development produces effectively the same overshadowing impact as a fully compliant building;

·         Given the planning controls which allow residential flat buildings up to 12m in height, setback 2m from the side boundaries, and the constraint of east-west lot orientations, the provision of 2 hours solar access to the living room and 1.5 hours to the private open space of the adjoining property is considered a reasonable planning outcome. Further, the unusual positioning of the adjoining garden being within the side setback and adjacent to the middle of the subject site makes provision of solar access to this space even more problematic. The massaging of the proposed building envelope at the rear with articulation and increased side setbacks up to 6.7m has allowed for this space to receive more sunlight than what otherwise would be anticipated; and,

·         The adjoining dwelling will maintain a reasonable level of solar amenity with 2 hours direct sunlight in mid-winter to the living room and 1.5 hours to the private open space and these levels will increase throughout the rest of the year. The levels of ambient daylight will be sufficient given that the dwelling contains a large amount of windows on all four elevations. Further, the main area of POS is the rear deck which will receive more sunlight than the adjacent garden at 2.5 hours. These levels of sunlight would comply with other solar access controls in NSW such as the 2 hour requirement to living rooms and balconies within the Apartment Design Guide.

 

Figure 8. Extracts from ‘View from sun’ solar perspectives showing sunlight to the living room (left) and private open space (right) for 26-28 Church Street. It is noted that all areas visible are in sunlight and those areas not visible are in shade.

(Source: CM Hairis Architects, 2018; Marked: J Arnold)


 

Wall Height

 

RDCP C2 3.2 i) The maximum external wall height is 10.5m.

 

The proposed development has a maximum external wall height of 11.54m which does not comply with the maximum 10.5m control. The wall height is considered acceptable for the following reasons:

 

·         The southern elevation of the building exceeds the 10.5m wall height control due to the fall of the land to the rear (Figure 9). To determine whether this non-compliance is detrimental to adjoining solar access, the applicant was requested to provide a comparison between the shadows of the proposed building and a compliant building envelope. The compliant building envelope has a 2m southern side setback for the full length of the elevation and lowers the wall height to a compliant 10.5m. The comparison indicates that the compliant building form would result in essentially the same solar access to the adjoining living and POS. The only difference between the scenarios is a slight difference in the time of day, but not the total amount, at which an upper floor bedroom window will receive sunlight. Accordingly, the wall height non-compliance at the southern elevation does not result in a reduction of solar access to the neighbour as compared to a compliant wall height;

 

·         The facades of the development will not be bulky as they are well articulated with distinct components, variations in setbacks, prominent windows, and a variety of materials including facebrick and cladded areas; and,

 

·         The visual impact of the wall height is offset with increased upper level setbacks which will result in a lightweight upper building element clearly distinguished from the lower portion.

 

Figure 9. Diagram showing the portion of the southern elevation over the wall height control.

(Source: CH Hairis Architects, 2018; Marked: J Arnold)

 

Northern side setback and side separations

 

RDCP Section C3 3.4.2 – Comply with the minimum side setback requirements stated below for residential flat buildings and multi dwelling housing: Site frontage width 12-14m – 2m side setbacks.

 

ADG Part 3F – 1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows: 6m habitable areas / balconies, 3m non-habitable.

 

The proposed development has a minimum 1.2m northern side setback which does not comply with the 2m DCP setback control. Further, the side facing habitable room windows of the development are mostly within 6m of the side boundaries which does not comply with the 6m ADG separation requirements. These setbacks/separations are considered acceptable for the following reasons:

 

·         The setback variation is limited to three bedrooms on the northern elevation. There will be no impact on neighbouring privacy as these three bedrooms are provided with high level windows or opaque glazing up to 1.7m (Figure 11). Further, there will be no additional overshadowing as the non-compliant portion is on the northern elevation at ground and first floor only;

 

·         The setback variation is located almost half way down the site at ground and first floor level only and as such will generally not be visible in the streetscape. The development is setback in excess of the controls at 2m to 4m from the sides at the front of the site which will ensure comfortable spacing between developments in the streetscape is achieved; and,

 

·         The proposal more than offsets the non-compliant portion with greater than minimum side setbacks to other areas up to 3.85m on the northern side and 4.7m on the southern side. These greater setbacks are appropriately provided to living spaces which will provide additional privacy for adjoining properties (Figure 10).

 

Figure 10. Diagram indicating the northern setback non-compliance in red.

(Source: CH Hairis Architects, 2018; Marked: J Arnold)

 

Figure 11. Diagram showing the privacy measures on the windows in the non-compliant portion of the northern elevation.

(Source: CH Hairis Architects, 2018; Marked: J Arnold)

 

Rear setback

 

RDCP Section C3 3.4.3 – For residential flat buildings, provide a minimum rear setback of 15% of allotment depth or 5m, whichever is the greater. 15% of the subject site depth is 5.25m which is the applicable control.

 

The proposed development has a 2.3m minimum rear setback which does not comply with the 5.25m control. The rear setback is considered acceptable for the following reasons:

 

·         The purpose of the rear setback control is to provide a separation zone between buildings within the middle of urban blocks. The subject site adjoins a public reserve to the rear which provides separation to the buildings on the other side of the reserve of over 30m and provides a landscaped zone with large established trees;

·         The rear setback at ground level is mostly in excess of 6m which provides a generous zone for communal open space and deep soil planting at the rear of the site (Figure 12);

·         Within the rear setback is the large existing Eucalyptus tree which is proposed to be retained. This tree will provide instant screening and tempering of the rear of the development ensuring the partial encroachment of the rear setback will not be visually obtrusive when viewed from the public reserve; and,

·         The urban block is triangular in shape with irregular allotments which means there is no established rear building line that the proposal would interrupt.

 

Figure 12. Diagram showing the rear setback deep soil zone provided at ground level.

(Source: C.M Harris Architects, 2018; Marked: J Arnold)

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:           Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 


 

Conclusion

 

The proposed development for demolition of existing structures, construction of a part three, part four storey residential flat building comprising five apartments including one affordable rental housing apartment, and semi-basement car parking, be approved for the following reasons:

 

·         The proposed development satisfies the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended, subject to the non-standard planning conditions that have been imposed as noted below;

·         The proposal is consistent with the objectives and controls of the RLEP 2012 and the RDCP 2013;

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

·         The scale and design of the proposal is considered to be suitable for the location and is compatible with the desired future character of the locality; and,

·         The environmental impacts are acceptable.

 

Non-standard planning conditions:

 

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

 

a.          The sill height of the northern kitchen windows to Unit 2 and Unit 4 shall be increased to be a minimum height of 1.5m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

b.          The southern living room windows to Unit 2 and Unit 4 shall be provided with fixed vertical privacy louvres directing views to the south/south-west to prevent views to the neighbouring rear garden and deck, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

c.          The northern side balconies to Unit 1 and Unit 3 shall be deleted and windows provided to the adjacent north facing bedrooms replacing the sliding doors. The sill height of these windows shall have a minimum height of 1.5m above floor level, or alternatively, the windows are to be fixed and provided with translucent, obscured, frosted or sandblasted glazing below 1.5m above floor level.

d.          A privacy screen having a height of 1.6m shall be provided to along the southern side of the entrance footpath starting at the front building line and ending at the stairs adjacent to the main building entrance. The total area of the openings of the privacy screen must not exceed 25% of the area of the screen.

e.          The proposed northern side boundary wall adjacent to the basement ramp is to step down with the slope of the land and be no higher than 1.8m as measured from the adjacent levels of the adjoining property.

f.          The fence on the street alignment shall be a maximum height of 1.8m and designed so that the upper two thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

g.          The storage rates nominated below shall be provided for each unit. These rates are in addition to storage provided in kitchens, bathrooms and bedrooms and at least 50% of the storage is to be located within the apartment, the remainder may be provided in a secured location in the basement.

 

·         2 Bedroom Apartments: 8m3

·         3+ Bedroom Apartments: 10m3

 

 


 

Detailed Assessment

 

1.0        Matters for Consideration

 

The application has been assessed under Section 4.15 of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 4.15 ‘Matters for Consideration’

Assessment of Proposal

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

See below.

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

Nil.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

The proposed development is consistent with the prevailing residential character in the locality.

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

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

The proposed development continues the residential use which is permissible in the zone and there are no salient site or contextual features which would make the site unsuitable for the development.